Content Snare End User Licence Agreement

(last updated July 2024)

Parties to this agreement
1. This is an agreement between you and Content Snare relating to the use of Content Snare's information gathering software.
2. Content Snare is made available by Aktura Technology Pty Ltd ACN 145 513 868 (Aktura) of Queensland, Australia.
3. When you read words "Content Snare", "us", "our" or "we" it means Aktura and our directors, employees, agents, successors and legal assigns. The words "you", "user" or "your" means you, the user of our software, your employees, agents, successors and legal assigns.
Domain names
1. When you open your account you will be required to select a sub-domain name ("Domain Name") for your Content Snare account. Content Snare does not warrant that your choice of Domain Name will be available for use.
2. Your Domain Name must not infringe a third party's intellectual property rights. Your Domain name must not include any offensive, immoral or illegal words or phrases.
3. Content Snare reserves the right to change or amend the domain name at any time. If we change or amend your domain name, we will provide you notice of your new Domain Name.
4. Content Snare will not be liable for any loss related to use of a Domain Name, including but not limited to:
  - amendment or change of a Domain Name;
  - termination of a Domain Name; or
  - rights that third parties may have to that Domain Name.
5. If this agreement is terminated, your access to the Domain Name you have created will immediately cease.

Licence to use Content Snare
1. When you sign up with Content Snare we grant you the right to use the Content Snare software via our website for business purposes.
2. You do not have any ownership rights to the Content Snare software or platform.
3. Your right to use our software is not exclusive and we may allow others to use the software.
4. The licence granted to you is not transferrable to anyone else and limited by the terms of this agreement.
Acknowledgement
1. You acknowledge that you have the responsibilities set out below when you use our software.
Your Responsibilities
1. When using our software you agree:
  1. to provide true and correct details when you set up your account;
  2. to keep your contact details up to date;
  3. to pay subscriptions, invoices and fees in full and on time;
  4. to keep your username and password secure and confidential and not to share your access with anyone else;
  5. to immediately notify us of any unauthorized use of your password or other breach of security;
  6. not to rent, lease, sell, transfer, redistribute, make available or sublicense your access to the Content Snare platform or software to any third party;
  7. to only use Content Snare software for lawful business purposes, in accordance with this agreement and any directions given by Content Snare from time to time;
  8. not to use the Content Snare platform to send spam or other unsolicited messages;
  9. not to use the Content Snare platform to collect information related to: illegal products and services, adult content and services, or gambling;
  10. not to use the Content Snare platform to share or request information that infringes on intellectual property rights;
  11. not to use our software in a manner that could damage, disable, overburden or impair our software or interfere with any party's use and enjoyment of our software;
  12. not to access or attempt to access the administrative interface of Content Snare by any means other than the interface provided, unless we've entered into a separate agreement with you;
  13. not to use our software, website or the Content Snare platform in a manner that could bring Content Snare and its brand into disrepute; and
  14. not to copy (except as expressly permitted by this license) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Content Snare materials, any updates, or any parts of the software, or the servers or networks which are connected to Content Snare. Any attempt to do so is a violation of the rights of Content Snare. If you breach this restriction, you may be subject to prosecution and damages.
Your responsibility to protect Personal Data
1. If you collect personal information about residents of the European Union (EU) when using our software you agree:
  1. not to collect Sensitive Personal Data (as defined under General Data Protection Regulation (EU) 2016/679) (GDPR). Sensitive Personal Data may include data about health, racial or ethnic origin, political opinions, religious beliefs, sexual orientation or criminal history;
  2. if you collect Personal Data you acknowledge that you are the Controller of that Personal Data and agree to comply with all privacy legislation relevant to your jurisdiction including, without limitation, obtaining consent from your client for the collection and specific use of Personal Data and allowing your client to amend or have deleted their Personal Data. Even if we provide a tool for you to collect Personal Data, we are in no way responsible for the Personal Data collected by you. You remain in control of the Personal Data and its use. We only provide a platform for information storage.
2. If you collect personal information about individuals of any other jurisdiction, you acknowledge and agree to comply with all privacy legislation relevant to your jurisdiction and the protection of that information, at least to a level of protection that is required of Content Snare and set out in our Privacy Policy https://contentsnare.com/privacy/.
Data Processing
1. To the extent that personal data is processed by us on your behalf when you or Users use the Service, you acknowledge that we are a data processor and the Customer is a data controller. The terms of the Data Processing Agreement shall apply to all Customer Data that we process on your behalf.
2. Any information that you provide to us during signup or information provided when ordering the Service (such as the Customer's email address) will be used by us in accordance with the terms of our Privacy Policy https://contentsnare.com/privacy/.
3. If a third party alleges infringement of its data protection rights, we shall be obliged to take measures necessary to prevent the infringement of a third party's rights from continuing.
Copyright
1. Title to and all intellectual property rights in our software, website and any documentation relating to those services remain the property of Content Snare.
2. You must not use, communicate, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of the content of our software in whole or in part, except as expressly authorised by us.
3. We do not grant you any other right to or licence to use our intellectual property.
Third Party Intellectual Property
1. You warrant that you have the right and licence to use any and all information uploaded to the software. You agree to indemnify us against any loss or damage (including consequential loss) that may result from any information uploaded to the software, including but not limited to copyright breach or other intellectual property infringement.
Your data
1. Title to and all intellectual property rights in your data or your client's data remains your property or your client's property. Access to that data is dependent on your adherence to this agreement and payment of any associated fees in full and on time.
2. You grant Content Snare a licence to use, copy, transmit and store your information and data for the purposes of enabling your access to the platform.
3. While all care is taken to store your data, it is not designed as a backup system and should not be relied on as such. We will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.
4. It is your responsibility to make sure that you retain a backup of any content collated through our software.
5. All information or data uploaded is the sole responsibility of you or the person providing the data. We are not responsible for this content and will have no liability in respect of the quality of the data, or any third party rights in respect of that data.
6. You grant us the express right to use your company's logo in marketing and sales materials and other communications solely to identify Customer as a Content Snare customer. We grant you the express right to use Content Snare's logo solely to identify Content Snare as a provider of services to you. Other than as expressly stated herein, neither party shall use the other party's marks, codes, drawings or specifications without the prior written permission of the other party.
Security and accessibility
1. We make every effort to maintain the security of our software. However, we do not guarantee the security of our systems, our records, your data or your clients' data.
2. Continuous access to the software is dependent on third party services. As a result, the software may be inaccessible from time to time.
3. Content Snare disclaims all liability for any computer virus or technological problems that were not intentionally caused by us or are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
4. We cannot guarantee that the system remains error free at all times. We will not be liable for emails trapped in spam, or that fail to send, or send at incorrect times.
5. You are responsible for ensuring that material damaging to our system is not uploaded to Content Snare. In the event that any data uploaded to your account incorporates a computer virus, malware or creates technological problems in our system, you will be liable for all costs incurred in rectifying all issues arising out of that upload.
Termination
1. This licence is effective until cancelled by you or Content Snare. Once cancelled the rights given to you under this licence will terminate automatically.
2. You may cancel your subscription and terminate this agreement at any time by providing notice to Content Snare via email to [email protected] or via the chat function on the Content Snare website. The subscription will be terminated at the expiry of your then current subscription period.
3. Except where required by law, subscription fees already paid are non-refundable, and the Subscription will be terminated at the expiry of your then-current Subscription period.
4. When your account is terminated, Content Snare will allow a 30-day grace period in which you will be able to bring your account back into good standing and paid up to date so that you can reactivate your account and restore your data. After 30 days, any data in Content Snare associated with that account will be permanently destroyed.
5. We reserve the right to change, suspend, remove, or disable access to your plan without notice for any reason, including without limitation, if we believe that you have failed to comply with this agreement.
6. We reserve the right to terminate the access and/or use privileges of any person who has been determined to be a "repeat infringer" of the copyrights of Content Snare or others.
Disclaimer
1. While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our software for any purpose, to the maximum extent permitted by applicable law. Our software is provided "as is" without warranty or condition of any kind.
2. This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our software or the services found on our software.
Third Party Services
1. The Content Snare platform is hosted on AWS. AWS terms of service can be found here - https://aws.amazon.com/legal/?nc1=f_cc. You should be aware that any user names, passwords, or other login information or personal information you provide to us will be available to Content Snare and to AWS.
2. We may advertise or make available third party goods and services through our website or software. That availability does not constitute a recommendation from us and it remains your responsibility to assess the performance of those third party providers before purchasing their services. Representations made regarding products and services provided by third parties are governed by the policies and representations made by those third parties.
Stripe ID
1. As a user of Content Snare, you will have the ability to choose the option of adding Stripe Identity Verification (Stripe ID) to your account.
2. If you elect to add Stripe ID to your account, you acknowledge and agree that you will be bound by the Stripe Identity Terms https://stripe.com/au/legal/identity and your use of Stripe ID will be governed by those terms.
3. If you require assistance with your use of Stripe ID you can contact the Content Snare support team for assistancehttps://contentsnare.com/help/.
4. Data Security
  1. You will remain responsible for the security of all data you collect using Stripe ID in accordance with your obligations to protect personal information in your jurisdiction.
  2. Content Snare has no control or responsibility for the security of or access to any data you collect or retain using Stripe ID.
5. How does it work in Content Snare?
  1. When you add access to Stripe ID to your account you are provided with the option to pre-purchase ID verification credits (Stripe ID Credits).
  2. You can top-up your Stripe ID Credits at any time.
  3. You can use Stripe ID Credits to check identification using Stripe ID.
  4. You will receive an in-platform notification if you have insufficient Stripe ID Credits to complete the identification check you have selected. You will be able to purchase additional credits at any time.
  5. If you have purchased Stripe ID Credits in Content Snare and we are notified that the Stripe ID fees are about to increase, we will notify you of the pending price increase and the amount of time you have left to use those credits.
  6. Stripe Credits will expire on the day before the date of any price increase. You may request a refund of unused Stripe ID Credits at that time to enable you to purchase Stripe ID Credits at the increased amount. If you fail to request a refund, we may credit your account to the value of the expired Stripe ID Credits.
  7. You will need to purchase Stripe ID Credits at the increased rate to continue to use Strip ID after the date of any price increase.
6. Cancellation
  1. You may cancel your use of Stripe ID at any time by no longer purchasing Stripe ID Credits.
Limitation of liability
1. You acknowledge that Content Snare has no responsibility for the operation of your business or the ability of your team to effectively use our platform.
2. We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of the software, our website, or the Content Snare platform in any way, subject to the requirements of Australian Consumer Law.
3. Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action.
4. Neither party will be responsible to the other party for consequential loss.
5. This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our software.
Indemnity
1. To the extent that our act or omission (including negligent act or omission) has not contributed to the loss, you agree to indemnify and defend Content Snare from any claims, damages, liabilities, costs, or expenses (including court costs, collection costs, and reasonable legal fees to the extent permitted by law) related to:
  - any copyright breach or intellectual property infringement claims against Content Snare by third parties arising from your use of our platform;
  - your unauthorised use of our software
  - your breach of this agreement.

Relationship
1. No joint venture, partnership, employment, or agency relationship exists between you and Content Snare as a result of this agreement or your use of our software.
2. Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with those laws or law enforcement requests or requirements relating to your use of our software, or information provided to or gathered by us in respect of your use of our software.
Applicable Law
1. This agreement is governed by the laws of Queensland and Australia. You agree to be subject to the jurisdiction of the courts of Queensland if there was a serious dispute between you and us.
2. Use of our software is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our software is unauthorised, it is your responsibility to stop using our software.
Notice
1. You may provide notice to us through the contact us page or otherwise by email addressed to [email protected]. We may provide notice to you via email or other electronic means.

Terms of Service

Content Snare End User Licence Agreement