Terms of Service
1. Acceptance of Terms
By accessing or using our SaaS application (the "Service"), you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms, please do not use the Service.
2. Changes to Terms
We may modify these Terms at any time. You are responsible for regularly reviewing these Terms, and your continued use of the Service constitutes your agreement to such changes.
3. Registration
To access certain features of the Service, you may be required to register. You agree to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.
4. User Responsibilities
You are responsible for all activities that occur under your account and shall abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Service, including those related to data privacy, international communication, and exportation of technical or personal data.
5. Data Protection
Our Privacy Policy describes how we handle and protect your personal data and constitutes an integral part of these Terms.
6. Service Availability
We strive to keep the Service available 24/7 but cannot guarantee its uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance or for reasons beyond our control.
7. Payments, Refunds, Upgrading, and Downgrading
(a) Payments for the Service will be charged using any credit card or other payment mechanism we have on record for you.
(b) The Service is available on both monthly and annual subscription plans and is billed in advance. There are no pro rata refunds for partial months of service, partial years of service, upgrade/downgrade refunds, or refunds for months/years unused with an open account.
(c) Payments cover the use of the Service for the duration of the agreed-upon subscription period, whether monthly or annually.
(d) All fees include Australian GST (if applicable) but exclude all other taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such additional charges.
(e) Detailed descriptions of services and pricing can be found at our specified pricing and/or plans page on our website.
(f) For any upgrade or downgrade in plan level, you will be automatically charged the new rate from the start of your next billing cycle.
(g) If you downgrade from an annual to a monthly subscription, while there are no pro rata refunds, a credit will be applied to your account. This credit will be used towards your future monthly subscription fees.
(h) Downgrading your Service may result in a loss of features or capacity of your Account. We are not liable for such reductions.
(i) Unless you cancel before the end of the applicable subscription period, your subscription will automatically renew, and you authorize us to collect the then-applicable subscription fee in accordance with item (a) above. You may cancel your subscription billing plan at any time from within the service (the Kanga Application).
8. Termination
We may terminate or suspend your access to the Service without prior notice or liability, for any reason or no reason, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
9. Limitation of Liability
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from
(a) your access to or use of or inability to access or use the Service;
(b) any unauthorized access to or use of our servers and/or any personal information stored therein.
10. Disclaimer of Accuracy
We do not guarantee the accuracy, reliability, or completeness of any content, outputs, reports, analysis, or information produced or displayed by the Service. You understand and agree that any use or reliance on such content or outputs is solely at your own risk. You hereby indemnify, defend, and hold us harmless from and against any and all claims, losses, liabilities, damages, expenses, and costs (including attorney's fees) resulting from or related to your use or misuse of such content or outputs.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of Victoria, Australia. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of Victoria, Australia.
12. Compliance with Local Laws
You are responsible for complying with local laws, if and to the extent local laws are applicable.
13. Feedback
You acknowledge and agree that any feedback, suggestions, ideas, or other information or materials regarding the Service that you provide, whether by email or otherwise, are non-confidential and shall become our sole property. We will be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
14. Intellectual Property Rights
(a) We retain all intellectual property rights in the Service, including, but not limited to, any and all derivatives, changes, and improvements thereto.
(b) By using the Service, you acknowledge and agree that you obtain no intellectual property rights or licenses except those expressly granted herein.
(c) You further agree that you shall:
(i) not attempt to infiltrate, hack, reverse engineer, decompile, or disassemble any part of the Service;
(ii) not distribute, transfer, or post any part of the Service on the internet or use the Service in a manner that violates any laws or regulations; and
(iii) be responsible for any unauthorized use, reproduction, or distribution of the Service that occurs under your account.
15. General Provisions
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term.