Reportly Terms of Service

Last updated: August 08, 2021

Please read these Terms of Service carefully before using Our Service.

At Reportly® we have worked passionately and tirelessly to build a reliable cloud service from the ground up that people love and depend on to bring out their best. These Terms of Service describe our commitments to deliver a quality Service, as well as your rights and responsibilities when using and accessing the Service. Please read them carefully and reach out if you have any questions. If you don’t agree to these Terms in their entirety, do not use Reportly®

Free Trial
Subscription
Auto-renewal

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”).

Definitions

For the purposes of these Terms of Service:

Application means the software program provided by Reportly® downloaded or accessed by You on any electronic device, named Reportly

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) in which the Application has been downloaded.

Account means a unique account created for You to access our Service or parts of our Service. It also refers to the accounts created by You for other members of your team or organisation.

Country refers to: Australia

Reportly® (referred to as either “Reportly®”, “We”, “Us” or “Our” in this Agreement) refers to Reportly Pty Ltd, PO Box 291, Newport Beach NSW 2106.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a smartphone or a digital tablet.

Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

Grace Period is the extra time you are given to resume your Subscription after the end of the current period.

In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms of Service and/or the Application Store’s own Terms of Service.

Include the use of words like ‘include’ and ‘including’ in these Terms are not words of limitation and where anything is within our discretion we mean our sole discretion.

New Releases means any bug fixes, patches, major or minor releases, or any other changes, enhancements, or modifications to the Service made available to You as part of support and maintenance.

Service and Site have the same meaning, for the purposes of this agreement it refers to the Application or the Websites or both which can be accessed at https://www.reportlyapp.com https://go.reportlyapp.com or through our mobile application available through the App store.

Subscription refers to the services or access to the Service offered on a subscription basis by Reportly® to You. The subscription is also referred to as Plan, both definitions have the same meaning under this Terms of Service Agreement.

Team Administrator refers to You or the person responsible for managing and controlling the Account including other invited users.

Terms of Service (also referred as “Terms”) mean these Terms of Service that form the entire agreement between You and Reportly® regarding the use of the Service.

User means the person invited to join the Account and assigned with login credentials by You to access the Service.

Website refers to Reportly, accessible from https://www.reportlyapp.com

You means the individual accessing or using the Service, or company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and Reportly®. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

You represent that you are over the age of 18. Reportly® does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Reportly®. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Reportly® is the sole proprietor of the Service unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our user interfaces such as website, Application and Reportly Cloud. It also includes rights in all copyrighted works, trademarks, designs, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

Similarly you agree not to make attempts to circumvent, reverse-engineer, modify, disable or otherwise interfere or tamper with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service, or encourage or help anyone else to do so.

User Accounts

To use and access the Service requires You require an Account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your Account. We may need to send you emails about notable updates, like changes to our Terms of Service or Privacy Policy. Failure to do so constitutes a breach of the Terms, which may result in termination of your
Account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service. This also applies to other Users added to your Account by You.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of My Account, including the Users in your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation or a name that is otherwise offensive or vulgar. Don’t share or misuse your access credentials and notify us immediately of any unauthorised uses of your Account or of any other breach of security. If we believe your Account has been compromised, we may suspend or disable it and will inform you in a timely manner. If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

User Roles and Access

As a Team Administrator inviting others into your Subscription, you acknowledge your understanding of the permissions You are granting to invited users. Whether You are the account owner, Team Administrator or an invited user, we grant you the right to use our Service in line with your role and level of access for as long as the Account is paid and up-to-date in line with our Subscription terms described below.

Team Administrator

Typically the owner, the person registering an Account with Reportly® and the primary contact. The Team Administrator can perform all actions in the Account, including inviting new users, assigning admin rights to the Service, adding and updating billing information, and closing the account. There can only be one Team Administrator and this user cannot be removed from the Account.

Administrators

The Administrator takes responsibility for fully controlling the Account settings, resources and users. For example:

• Decide who is invited to use our Service and have access to your Account and the resources you have created as well as what kind of access the invited user has. You can change or stop that access at any time.
• Resource creation such as templates, headlines, checklists, summary detail and quote items.
• Resolving issues with any invited users over access to your Subscription
• Your invited users’ activity is your responsibility.
• Manage your profile and user settings such as resetting passwords, controlling email preferences, inactivating user accounts, content creation rights, to mention a few.
• Administrators do not have access to the billing and payment information, nor can they modify or cancel the Plan. This is the Team Administrator exclusive right.

Authorised Users

Means the specific individuals whom You designate to use the Service and for whom You have paid the required fees. Authorised Users may be your or your associates’ employees, representatives, consultants, contractors, agents or other third parties. You are responsible for the user’s activity at all times. Authorised users do not have access to the billing information, cannot manage the Plan. However, Users have the ability
to create content such as checklist items, headlines and templates.

Free Trial

Reportly® may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. The Free Trial is intended to help You explore and evaluate its features. When You sign up for the Free Trial Your Account will automatically be configured to support up to 4 Users, including You, to the Legend Plan. Each User will be entitled to up to 10 reports and 10 quotes, to a maximum of 40 of each. The allocation is non-transferable. You are able to upgrade your Account to a paid Subscription at any time during the Free Trial period, including if the report and quote inclusions are reached before the end of the Free Trial period. When you upgrade, your Free Trial will end and your Account data will be carried over to your new Plan selection. Your payment method will be charged at the time of the change request and your next auto-renewal date will be in 30 days.

You are eligible for the Free Trial if you meet the following conditions:

• You have never been a paying customer of Reportly®.
• You have not previously signed up for the Free Trial.
• Verify your email.
• Acceptance of these Terms.

The Free Trial will start immediately after your registration and continue for the offer period as indicated on the website at the time you register. A Free Trial is only available to new subscribers and for the limited period as set out on the website. Previous subscribers or those subscribers who have already benefited from a Free Trial do not qualify for a further Free Trial period.

Your Free Trials ends when one of the following conditions occurs:

• You have used the 10 reports and quotes
• The trial period has elapsed since you signed up
• You upgrade or cancel your Subscription

At that time, the following conditions apply:

• To continue using Reportly®, You must have a valid payment method saved in your Account for payment to be successfully processed at the beginning of each billing period.
• Access to the Account will cease, with the exception of My Account where You can manage your Subscription.
• Your Account enters a 14-day grace period, during which you can resume access to the Account and data You created and stored during the Free Trial period.

Billing information

You are required to enter Your billing information in order to sign up for the Free Trial on our website. You will not be charged until the last day of the Free Trial period. We will email a reminder that your Free Trial is ending at least 7 days prior to you being charged. You’ll need to check your email, including in spam or other filters, for any reminder emails we might send you before your Service auto-renewal date. If you do not wish to continue your Subscription after the Free Trial period, you must cancel your Free Trial through My Account dashboard.

On the last day of the Free Trial period, unless You cancelled your Subscription, You will be automatically charged the applicable Subscription fees for the Plan You have selected multiplied by the number of users. If You change your Plan, or the number of Users, at any time during the Free Trial period this will terminate your Free Trial and the new monthly Subscription will commence as per your Plan selection multiplied by the
number of active Users.

As per the Subscription cancellation, You will be able to add or update your payment information through My Account settings at least 48 hours before the end of the Grace Period. IF PAYMENT IS NOT SUCCESSFULLY PROCESSED WITHIN THIS TIMEFRAME, YOUR ACCOUNT AND ALL OF ITS ASSOCIATED DATA WILL BE DELETED AND CANNOT BE RETRIEVED.

If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own Terms of Service.

At any time and without notice, Reportly® reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.

Upgrading during the Free Trial

You can switch Plans and/or increase the number of Users at any time after starting the Free Trial. You can upgrade from the free trial to a paid Subscription through My Account dashboard. You must be the Team Administrator to make this change. The following conditions apply depending on when you upgrade:

• If you upgrade before the trial is over. You can continue to use the resources you created during the Free Trial without interruption.
• If you upgrade within 14 days of the end of the trial, you can resume your Subscription and access to the resources you created during the trial without interruption.
• If you do not upgrade within the 14-days grace period after the end of the trial, all resources will be permanently deleted and cannot be retrieved. If you wish to continue using Reportly® a new Account will have to be created by You.

Subscription

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed monthly in advance on a recurring and periodic basis when purchasing the Plan. Unless stated otherwise the advertised Plan fees are GST inclusive.

At the end of each period, Your Plan will automatically renew under the exact same conditions unless You cancel it or Reportly® cancels it, or you switch to another Plan and/or modify the number of users. Plan fees are per active User. Payment of the monthly fee is a condition of access.

You can view your auto-renewal date, due fees, payment method on record and manage your Subscription, including Plan selection and number of users through My Account dashboard. Read the Frequently Asked Questions FAQs for further information.

Subscription cancellation

You may cancel Your Plan at any time through My Account settings at least 48 hours before the next auto-renewal date. You will not receive a refund for the fees You already paid for Your current Subscription period. Access to the Service will be immediately suspended for all users on the cancellation date. At the end of your current subscription period, your Plan will be automatically put on hold for 14 days, You can
resume your Subscription at any time during this Grace Period through My Accounts settings.

If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription within the Application Store.If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own Terms of Service.

Switching Plans

Our plans are flexible. You are allowed to change your Plan selection at any time. The new Plan fees, if any, will apply when You request the change. If you switch to a plan with more features, the amount due will be the fee difference between the current and the new Plan. We will calculate the number of days left in your current Subscription period and will charge for the daily difference only, multiplied by the number of Users.

This gap payment fee is due when You request the Plan switch. Once payment is successfully processed Users will be granted access to the new Plan features immediately. As with any other changes to our Terms, changes to the pricing Plan will not apply retrospectively and, if we make changes we will make every effort to let you, the Team Admin know.

Downgrading Users

You can also modify the number of users at any time. The paid Subscription fees are non-refundable if you decide to decrease the number of Users. However, the next auto-renewal date after the current period will reflect the new number of Users and the fees will be calculated by the Plan fees multiplied by the reduced number of Users.

Upgrading Users

Upgrading on the other hand, means that more Users will be added to your Account. Since Users can be added at any time, fees will be prorated, this means that the amount due will be calculated as a daily fee, or part month, that is the number of days remaining in your current Subscription period, instead of the full 30 days. These fees will be clearly outlined during the upgrade process and are payable at the time of the Plan change.

Fee Changes

Reportly®, in its sole discretion and at any time, may modify the Subscription fees. Any Plan fee change will become effective at the end of the then-current Subscription period.

Reportly® will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to consider the cancellation of Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified and recurring Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable. We have exercised great care to ensure our Plans are flexible and transparent and that You are well informed, at all times, about any changes with your Plan, including the specified timeframe for You to take action. You are solely responsible for the management of your Account including any updates to your Subscription such as your Plan selection and
the number of users.

Certain refund requests for Subscriptions may be considered by Reportly® on a case-by-case basis and granted at the sole discretion of Reportly®.

If the Subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

Email Communications

To allow us to fulfil our obligations under these Terms, you:

• Consent to receive communications from us in an electronic form via the email address you have submitted; and
• Agree that all Terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt-out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to unsubscribe@reportlyapp.com

Auto-renewal

To ensure uninterrupted Service, Subscriptions are automatically renewed. Your monthly payment will be calculated by the advertised Plan fees if you are a new User or the fees applicable to you when you first registered, multiplied by the number of users in your account.

By default, the monthly billing schedule is based on the day the Plan was purchased. If a Plan was purchased on the 15th December your payment method will be charged the same date, then be scheduled for auto-renewal on the 15 of each month after that.

You shall provide Reportly® with accurate and complete billing information including business or full name, address, state, postcode, contact number, emails and a valid payment method such as credit card information. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree to the following

• The card information is stored on Stripe which is PCI compliant and certified to PCI Service Provider Level Your card data is transmitted securely from browser to Stripe servers directly and are not processed on our servers.
• All connections to Stripe are made securely over TLS
• All card numbers are encrypted at rest with AES-256
• None of Stripe’s internal servers and daemons or Xecurify servers are able to obtain plaintext card numbers
• We hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the Service together with details on when the auto-renewal payment is due.
• All invoices related to payments made for the Subscription will be available to You through My Accounts dashboard and can be downloaded any time. Unless otherwise stated invoices are inclusive of sales tax.

Should auto-renewal payment fail for any reason, Reportly® will retry 24, 48 and 72 hours after the initial billing date. If payment is not completed within this automatic timeframe, the Service will be suspended and access will be restricted for all users. You are responsible for keeping a valid payment method in your account to prevent service disruption and inconvenience. As per the Subscription cancellation, You will be
able to add or update your payment information through My Account settings at least 48 hours before the end of the Grace Period. IF PAYMENT IS NOT SUCCESSFULLY PROCESSED WITHIN THIS TIMEFRAME, YOUR ACCOUNT AND ALL OF ITS ASSOCIATED DATA WILL BE DELETED AND CANNOT BE RETRIEVED.

If we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.

In-app Purchases

The Application may include In-app Purchases that allow you to sign up to a Subscription.

More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store’s own Terms of Service or in your Device’s Help settings.

In-app Purchases can only be consumed within the Application. If you make an In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the
In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorise the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own Terms of Service.

If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

Content Restrictions

Reportly® is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under My Account, whether done so by You or any third person using My Account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third party.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including Reportly® and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

Reportly® reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. Reportly® further reserves the right to make formatting and edits and change the manner of any Content. Reportly® can also limit or revoke the use of the Service if You post such objectionable Content. As Reportly® cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk.
You agree that under no circumstances will Reportly® be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be
responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users or third parties.

We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent from the Service that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.

Content Backups

Although regular backups of Content are performed, Reportly® do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

Reportly® will provide support and attempt to troubleshoot any known or discovered issues that may affect the storage of Content. But You acknowledge that Reportly® has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any party. These terms do not transfer any Reportly® or third-party intellectual property to you, and all right, title, and interest in and to such property remains solely with us. Using our Service does not grant You any right or license to reproduce or otherwise use any of our trademarks.

If You are a copyright owner or authorised on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at compliance@reportlyapp.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and solicitor’s fees) for misrepresenting that any Content is infringing Your copyright.

Notices and Procedure for Copyright Infringement Claims Pending

• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright’s interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, contact number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.

You can contact our copyright agent via email at compliance@reportlyapp.com. Upon receipt of a
notification, Reportly® will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Reportly®. International rights pending.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Reportly®.

You acknowledge and agree that we retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Reportly®.

Reportly® has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Reportly® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content or services available on or through any such
websites or services.

We strongly advise You to read the Terms of Service and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate your Account, You may simply discontinue using the Service. We will have no obligation to provide a refund of any fees previously paid.

• Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
• Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorised access to the services, related systems, networks, and/or data.
• Modifying, disabling, or compromising the integrity or performance of the services or related systems, network and/or data.
• Deciphering any transmissions to or from the servers running the services.
• Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.), such as:
• Using “robots,” “spiders,” “offline readers,” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time by using a normal browser.
• Going far beyond the use parameters or consuming an unreasonable amount of storage, in a way that is unrelated to the purposes for which the Service was designed.

These Terms constitute the entire agreement between Reportly® and You concerning our Service. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of Reportly® and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 AUD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall Reportly® or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of the Terms), even if Reportly® or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

‘AS IS’ and ‘AS AVAILABLE’ Disclaimer

The Service is provided to You ‘AS IS’ and ‘AS AVAILABLE’ and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Reportly®, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Reportly® provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Reportly® nor any of Reportly®’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Reportly® are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Maintenance, downtime and data loss

Best endeavours will be made to minimise any downtime, however this may be necessary to keep the Service updated and secure. You may occasionally experience access issues and data loss and acknowledge that data loss is an unavoidable risk when using any technology. Therefore, You are solely responsible for maintaining copies of your data entered into our Service. Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our Service.

We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is non foreseeable and beyond our reasonable control.

We strive to maintain the availability of our services, and provide online support within business hours. Where planned maintenance is being undertaken, we will attempt to notify you in advance but cannot guarantee it.

New Service updates are frequently released, this includes modifications and enhancements to our Service, and in some cases discontinue features. Notifications regarding planned maintenance and new Service releases will be posted on the Site.

Security

Best practices are in place to keep your data safe and secure. While steps are taken to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your Account and we may also restrict access to certain parts of the Service until you verify that access was by an authorised user.

Additional security features may be introduced to make your Account more secure, such as two-step authentication and may require You to adopt some of these features. Where security features are optional, You are responsible, not liable, for any consequences of not using those features. We strongly encourage you to use such optional security features to safeguard your data.

If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.

Confidentiality

Except as otherwise set forth in these Terms, each party agrees that all code, inventions, know-how and business, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any Reportly® technology and any performance information relating to the Service will be deemed Confidential Information of Reportly® without any marking or further designation. Except as expressly authorised herein, the Receiving Party will (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under this Agreement. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided that they are bound to confidentiality obligations and that the Receiving Party remains responsible for compliance by them. The Receiving Party’s confidentiality obligations will not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law.

Governing Law

Nothing in these Terms is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.

The laws of New South Wales govern these Terms and any dispute of any sort that might arise between the parties. Any dispute relating in any way to these Terms will only be adjudicated in the courts of New South Wales. Each party consents to exclusive jurisdiction and venue in these courts. Without respect to its conflict of laws principles and any claim or dispute that arises in whole or in part from your use of the Service will be decided exclusively by a court of competent jurisdiction located in Sydney NSW, Australia.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Reportly®.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within 3 months after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under the Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace the Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

We can amend these Terms at any time and will update these Terms in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to the Terms. We will endeavor to notify you of material changes to the Terms by posting a notice on our site and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Reportly® may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

Contact Us

If you have any questions about these Terms of Service, You can contact us:

By email: compliance@reportltapp.com
By visiting this page on our website: https://ww.reportlyapp.com/support
By phone number: +61401 043 879

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE, AND ACCEPTANCE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND REPORTLY AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.