EULA
Email Signature Rescue User Licence Agreement
- Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you access the Platform:
- We may amend these Terms, or the features of the Platform, at any time;
- Our aggregate liability for any Liability arising from or in connection with these Terms will be limited to $100.00, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, or any loss or corruption of data;
- To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform and Signatures due to a failure of the Third Party Services; and
- We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform.
These Terms do not intend to limit your rights and remedies at law, including any of your consumer law rights.
- Introduction
- These terms and conditions (Terms) are entered into between LoadOut Pty Ltd ABN 42 150 978 359 (we, us or our) and you, together the Parties and each a Party.
- We provide a cloud-based, software as a service platform where you can create, edit and manage all your email Signatures
online and download applications (Applications) that facilitate the download and use of your Signatures (Platform).
- In these Terms, you means the person or entity using the Platform.
- Acceptance and Platform Licence
- You accept these Terms by checking the box, registering on the Platform, or using the Platform.
- You must be at least 16 years old to use the Platform.
- We may amend these Terms at any time, by providing written notice to you. By checking the box or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may cease accessing the Platform.
- We may use other APIs, for example, APIs from Amazon Web Services, Twilio and Mailchimp. Your use of these APIs may be
subject to additional terms of use.
- Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download our Applications and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
- When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
- tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
- using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
- facilitating or assisting a third party to do any of the above acts.
- Email Signature Rescue Services
- We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.
- Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and
enjoyment of the Platform, you must place a request by submitting a support ticket. We will endeavour to respond to any support requests in a reasonable period.
- You acknowledge and agree that the Platform and Signatures may be reliant on, or interface with third party systems that
are not provided by us (for example, email clients, cloud storage providers, third party plugins, CRM systems, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform and Signatures due to a failure of the Third Party Services. Without creating any obligations on us, we will use our best endeavours to ensure that any unavailability of the Platform and Signatures is
minimised to the extent possible.
- You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
- To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
- Access to the Platform
- [OPTION 1] You must register on the Platform to access the Platform’s features. You will be invited to access the Platform via an email or link provided by the entity you work for (Account Holder). [OR OPTION 2] You will be invited to access the Platform via an email, link or key provided by the entity you work for (Account Holder) or by us.
- If you are required to register on the Platform, you must provide basic information when registering for the Platform including your contact name and email address and you must choose a password.
- All personal information you provide to us will be treated in accordance with our Privacy Policy available at [insert url].
- If you are required to register on the Platform, you agree not to share your login details with any other person. Your login is personal and you must not transfer or provide it to others.
- If you are required to register on the Platform, you are responsible for keeping your login details and your username and password confidential and you will be liable for all activity via your login. You agree to immediately notify us of any unauthorised use of your login.
- Our Intellectual Property
- You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, the Signatures and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us.
- We authorise you to use Our Intellectual Property solely for the purpose of appending the Signatures to your business
emails for the duration of the Account Holder’s membership with us. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party.
- You must not, without our prior written consent:
- copy, in whole or in part, any of Our Intellectual Property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party save as provided for in clause 6.2; or
- breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
- Warranties
- You represent, warrant and agree that:
- you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
- there are no legal restrictions preventing you from entering into these Terms;
- all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
- you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
- Liability
- Despite anything to the contrary, to the maximum extent permitted by law:
- you agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause and the Intellectual Property clause of these Terms;
- neither Party will be liable for Consequential Loss;
- each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
- our aggregate liability for any Liability arising from or in connection with these Terms will be limited to $100.00.
- Access
- We may revoke your access to the Platform at any time by giving 30 days’ written notice to you.
- Your access to the Platform will be terminated with immediate effect on termination of the Account Holder’s membership with us.
- Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach. Should we determine that you are in breach of these Terms, your access to the Platform will be terminated immediately.
- General
- Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
- Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
- Entire Terms: These Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
- Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
- Governing law: This Agreement is governed by the laws of South Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
- Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you sign up to the Platform. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
- Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third-party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
- Definitions
- Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
- Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
- Signature means the digital representation of your name or other personal identifier created using our Platform and
includes all code used in relation to this signature.
For any questions or notices, please contact us at:
LoadOut Pty Ltd ABN 42 150 978 359
Email: support@emailsignaturerescue.com
Last update: 14/11/2024
© LegalVision ILP Pty Ltd
OFFICE STORE STANDARD APPLICATION LICENSE TERMS
These license terms are an agreement between App Provider in this case LoadOut Pty Ltd otherwise known as Email Signature Rescue and you. Please read them. They apply to the add-in, connector or other software application you download from the Office Store or acquire from within the settings of an Office product (“App”), unless the App comes with separate terms (“Third-Party License”). If so, the terms of the Third-Party License will apply. This agreement also applies to any updates and supplements for the App, unless other terms accompany those items. If so, those terms apply.
BY DOWNLOADING, INSTALLING, OR USING THE APP, OR ATTEMPTING TO DO ANY OF THESE, YOU HAVE ACCEPTED THESE TERMS. IF YOU DO NOT INTEND TO ACCEPT THEM, YOU HAVE NO RIGHT TO (AND MUST NOT) DOWNLOAD OR USE THE APP.
Except for the above, if the App enables access to any Internet-based services, your use of those services will be subject to the separately-provided terms of use.
In this agreement “App Provider” means the entity licensing the App to you, as identified in the Office Store or the App's description. If the App is licensed to you by Microsoft, then the App Provider is Microsoft (or based on where you live, one of its affiliates).
If you comply with these license terms, you have the rights below.
- INSTALLATION AND USE RIGHTS. You may install and use the App on a Windows device or devices that are affiliated with the Microsoft account that you use to access the Office Store or Office product. You may not install or use a copy of the App on a device you do not own or control.
- INTERNET-BASED SERVICES. The App Provider may provide Internet-based services with the App. In addition to the following, your use of those services is subject to the terms provided to you by the App Provider and/or your wireless carrier.
- Consent for Internet-Based or Wireless Services. The App may connect to computer systems over an Internet-based and/or wireless network. In some cases, you will not receive a separate notice when they connect. Using the App operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and App software, and peripherals) for Internet-based and/or wireless services.
- Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else's use of it or the wireless network. You also may not use any Internet-based service to try to gain unauthorized access to any service, data, account, or network by any means.
- SCOPE OF LICENSE. The App is licensed, not sold. This agreement only gives you some rights to use the App. The App Provider reserves all other rights. Unless the law gives you more rights despite this limitation, you may use the App only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the App that only allow you to use it in certain ways. You may not:
- work around any technical limitations in the App;
- reverse engineer, decompile, or disassemble the App, except and only to the extent that the law expressly permits, despite this limitation;
- make more copies of the App than specified in this agreement or allowed by the law, despite this limitation;
- publish or otherwise make the App available for others to copy; or rent, lease or lend the App.
- DOCUMENTATION. If documentation is provided with the App, you may copy and use the documentation solely for your reference purposes.
- TECHNOLOGY AND EXPORT RESTRICTIONS. The App may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international laws and regulations that apply to the technology used, employed or supported by the App. These laws include restrictions on destinations, end users and end use. For information on how these laws and regulations apply to Microsoft-branded products, see www.microsoft.com/exporting.
- SUPPORT SERVICES. The App is provided “as is.” Contact the App Provider to determine if any support services are available. Microsoft, your device manufacturer, and your wireless carrier are not obligated under this agreement to provide support services for the App. Contact the App Provider to determine what (if any) support services are available.
- ENTIRE AGREEMENT. This agreement, and the terms for supplements and updates are the entire agreement for the App. If Microsoft is the App Provider, this section cannot be construed to change the terms of your relationship with Microsoft regarding Microsoft Office, the Office Store, or any other Microsoft product or service (which is governed by the software license terms that accompanied, or terms of use that are associated with, the applicable product or service).
- APPLICABLE LAW.
- United States. If you acquired the App in the United States, Washington state law governs this agreement, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
- Outside the United States. If you acquired the App in any other country, the laws of that country apply.
- LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of the state or country where you reside. This agreement does not change your rights under the laws of the state or country where you reside if such laws do not permit it to do so.
- DISCLAIMER OF WARRANTY. THE APP IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR ALL RISK OF USING IT. THE APP PROVIDER, ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE APP IS DISTRIBUTED, AND ITS AND THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APP. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM THE APP PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APP. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR.
- This limitation applies to
- anything related to the App, services made available through the App, or content (including code) on third-party Internet sites; and
- claims for breach of contract; breach of warranty, guarantee or condition; or strict liability, negligence, or other tort to the extent permitted by applicable law.
- It also applies even if
- repair, replacement, or a refund for the App does not fully compensate you for any losses; or
- Distributor knew or should have known about the possibility of the damages.
For any questions or notices, please contact us at:
LoadOut Pty Ltd ABN 42 150 978 359
Email: support@emailsignaturerescue.com
Last update: 14/11/2024