Terms of Service

Content Snare End User Licence Agreement

(last updated October 2022)

  1. Parties to this agreement
    1. This is an agreement between you and Content Snare relating to the use of Content Snare's website automation 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.
  2. What do we do
    1. Content Snare is a platform that allows users to gather content from clients via our website and software.
  3. How it works
    1. You open an account with Content Snare and gain access to our system and template library.
    2. You plan out the content areas of each website project you want to start.
    3. For each project, you select the content required from your client, enter their contact details, and wait to hear from them.
  4. 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 websitefor 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.
  5. Acknowledgement
    1. You acknowledge that you have the responsibilities set out below when you use our software.
  6. 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.
      15. not to collect Sensitive Personal Data (as defined under GDPR (Eu) 2016/679). Sensitive Personal Data may include data about health, racial or ethnic origin, political opinions, religious beliefs, sexual orientation or criminal history
      16. if you collect Personal Data (as defined under GDPR (Eu) 2016/679) you acknowledge that you are the Controller of the Personal Data and agree to comply with all privacy legislation (including compliance with GDPR (Eu) 2016/679 if your business dealings fall within this 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.
  7. 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 the current subscription period that you have already paid for
    3. Except where required by law, subscription fees already paid are non-refundable, and the Subscription will be terminated at the expiry of the then-current Subscription period that you have already paid for.
    4. When your account is terminated, Content Snare will allow a 30-day grace period in which you will be able to 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.
  8. 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 the Privacy Policy.
    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.
  9. 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.
  10. Third Party Intellectual Property
    1. You warrants 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.
  11. 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.
  12. Domain names
    1. 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:
      1. amendment or change of a Domain Name;
      2. termination of a DomainName; or
      3. rights that third parties may have to that Domain Name.
    5. If this agreement is terminated, your domain name will immediately cease.
  13. 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.
  14. 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, anything contained on 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.
  15. Third Party Services
    1. The Content Snare platform is hosted on the Heroku Postgres system. Heroku terms of service can be found here - https://www.heroku.com/policy/tos. 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 Heroku.
    2. We may advertise or make available third party goods and services through our website or software. Representations made regarding products and services provided by third parties are governed by the policies and representations made by those third parties.
  16. Limitation of liability
    1. 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.
    2. Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion 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, even if those services were provided to you without cost.
    3. 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.
  17. 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 without limitation court costs, collection costs, and reasonable legal fees) related to:
      1. any copyright breach or intellectual property infringement claims by third parties;
      2. your use of our software;
      3. your breach of this agreement.
  18. 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.
  19. 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.
  20. 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.