Rosterfy End User License Agreement PDF

End User Licence Agreement (b) headings are included for convenience only and do not affect the interpretation of this Agreement; Here at Rosterfy, our mission is to c...

End User Licence Agreement (b) headings are included for convenience only and do not affect the interpretation of this Agreement; Here at Rosterfy, our mission is to connect you and your team with (c) “includes” and “including” means includes and events and causes you’re passionate about. To do this effectively, including without limitation; we need to keep our products and services running smoothly, quickly and without distraction. For this to happen, we need help (d) a reference to: from you, our users. First, we need you not to misuse or abuse our products and services for the betterment of all of our users. To (i) a person includes a firm, unincorporated describe exactly what is meant by ‘misuse’ or ‘abuse’ – and help us association, corporation and a government identify such transgressions and react accordingly – we’ve created or statutory body or authority, its legal this End User Licence Agreement. personal representatives, successors and assigns; 1. This End User Licence Agreement is made between Rosterfy (we, us, our) and you, our End User. (ii) a statute, ordinance, code or other law includes regulations and other statutory 2. Definitions And Interpretation instruments under it and consolidations, amendments, re-enactments or 2.1 In this EULA: replacements of any of them. Account means any unique user log in you set up (including admin 3. Agreement and candidate accounts) to use the Software. 3.1 Where you create an Account on our Software and click Applicable Jurisdiction means for End Users in the United “accept” you agree that you are bound by this EULA and Kingdom and the European Union the laws of England and our Privacy Policy, each as amended or updated from time Wales, for End Users in the United States of America and to time. Canada the laws of the State of Delaware USA, and for all other End Users, the laws of New South Wales Australia. 3.2 We may, from time to time, change or add to our Software (including this EULA) on notice to you. By continuing to use Customers means any direct Customers of ours who purchase a the Software and/or the Website, you will be deemed to subscription and/ or other services from us and may give have accepted the updated EULA and agree to be bound End Users access under their Accounts. by it. Data Deletion Policy can be accessed at https://www.rosterfy.com/security-compliance. 4. Software Licence EULA means this document and any incorporated terms, as 4.1 In our sole discretion we may grant to you, a limited, non- amended from time to time. exclusive, non-transferable, revocable and royalty-free licence to use our Software in accordance with this EULA. End Users means any individual who sets up an Account to use the Software whether or not they or are a Customer of ours. 4.2 You acknowledge and agree that you have no interest in the Software other than as a licensee. Intellectual Property Rights mean all copyright and analogous rights (including moral rights), all registered or registrable 4.3 You may not sublicense the Software without our prior rights in relation to inventions (including patent rights), written consent. trademarks, designs, circuit layouts and all other rights 4.4 You must only use the Software for your benefit as throughout the world resulting from intellectual activity in contemplated by this EULA and must not allow the the industrial, scientific or artistic fields. Software to be used by any other third party, unless we Personal Information has the meaning given to that term in the have agreed otherwise with you in writing. Privacy Act 1988 (Cth). 4.5 You must follow all reasonable instructions given by us Privacy Policy means the Rosterfy privacy policy available at from time to time with regard to the use of the Software. https://www.rosterfy.com/privacy-policy. 5. Account Rosterfy means Rosterfy Pty Limited and our associated entities 5.1 To access the Software, you may need to create an Rosterfy Community Pty Limited, Rosterfy Limited (UK) and account with us (Account). Event Workforce Group (USA) Inc, depending on which entity your licence to use our Software was given by. 5.2 It is your responsibility to ensure: Software means any of our platforms, portals and/or software (a) all information provided by you is accurate and made available to you by us (including via a one of our current; and Customers). (b) your registration details and security key are kept Third Party Terms means all terms governing use of any material confidential and not shared with any other person. published, and/or products and/or services provided, by or on behalf of a Third Party Supplier, including without 5.3 You will be responsible for any access to our Software on limitation terms relating to the use of publicly available your Account, even if the access is by another person. data from the following Third Party Suppliers: 5.4 Subject to the terms of this EULA, you may access the User Data means all data inputted into or otherwise captured, Software via the platforms on which we may make the generated and/or processed by the Software including the Software available from time to time. data that relates to you and any individuals to whom you 6. Your Use of the Software may provide any services involving access to and/or use of the Software. 6.1 When you use our Software, you must: Website means www.rosterfy.com. (a) comply with all applicable laws and our reasonable directions from time to time; 2.2 Unless expressed to the contrary, in this EULA: (b) keep all of your Account registration information up (a) the singular includes the plural and vice versa; to date and current; Last updated 10 November 2023  (c) ensure all information you submit to us or upload to and any other documentation we provide you form time to our Software or on your Account is true and correct time. and does not infringe the rights (including intellectual property rights) of any other person; 7.6 Where you have a query or require assistance with your use of the Software please contact Rosterfy via (d) not use our Software for any unlawful purpose or [email protected]. do any act that we deem in our absolute discretion to be inappropriate; 8. Third Party Products (e) not do any act that would constitute a breach of 8.1 We may incorporate third party products and services into either the privacy, proprietary or other rights of any the Software (Third Party Products). You acknowledge other person; that: (f) not introduce any computer code or routine that is (a) where you decide to use any Third Party Products, harmful, destructive, disabling or which assists in or your use of, and access to, the Third Party Products enables theft, alteration, denial of service, may be subject to additional fees and separate unauthorised use, disclosure or destruction or terms issued by the applicable third party supplier, corruption of data, including viruses, worms, which will form a separate agreement between you spyware, adware, key loggers, Trojans or any types and the third party supplier; of programmed threats that may be harmful, or (b) we make no representations or warranties in other elements of software used to prevent relation to, and do not accept liability for, any Third unauthorised access and use; Party Products; and (g) comply with any of our policies or procedures (c) we may suspend your use of, or access to, the Third regarding use of our Software and our Website as Party Products at any time, including on request notified to you by us from time to time; from the third party supplier of such Third Party (h) maintain and safeguard the privacy and security of Products. all Personal Information or confidential information 9. Data and Security that you obtain access to through using to our Software; 9.1 Our security protocols with respect to our internal systems are in accordance with best practice industry standards. (i) be responsible for, and bear all costs of, installing You acknowledge that software in general and the public and maintaining your own systems and equipment internet in particular is an inherently unsecure environment necessary to access and use our Software; and that we have no control over the privacy of any (j) not access information or perform services relating communications or the security of any data outside of our to any other person in connection with our internal systems. Software; 9.2 You are solely responsible for your use, supervision, (k) not reproduce the software, unless the EULA management and control of the Software. permits it; 9.3 You are responsible for backing up any data you may (l) not modify, adapt or create new works from the upload to, download from, or process in our Software. You Software; agree we are not responsible for and accept no liability for any loss of your data. (m) notify us immediately in writing of any unauthorised use of your account or any other breach of security 9.4 You are responsible for ensuring you have the right to use you become aware of in relation to your account by any data you input into our Software. You indemnify and sending an email to: [email protected]; and hold us harmless for and against any loss (including third party claims) we may incur in connection with the storage (n) not use our Software to send or post any and/or processing of your data. unsolicited messages or any offensive, inflammatory, defamatory, sexually explicit, 9.5 To the extent we process any of your personal information, threatening, abusive, hateful, racist, obscene, we will do so in accordance with our Privacy Policy. fraudulent, deceptive or otherwise unlawful 9.6 To the extent applicable to offer the required functionalities information. on the Software, and as otherwise and required for us to 7. Support provide services to you or make improvements to our Software, you allow us to use the User Data. 7.1 We are under no obligation under this EULA to provide updates or new releases of the Software. 10. Intellectual Property Rights 7.2 Notwithstanding this, we may, from time to time, make new 10.1 We own or license all Intellectual Property Rights in the updates or new releases for the Software available to you Software and all copies, modifications, updates or new (Updates). release thereof, including without limitation copyright in the source code of the Software. You acknowledge these 7.3 Use of the Updates by you will be subject to the same Intellectual Property Rights contain confidential and terms and conditions as use of the Software under this proprietary information belonging exclusively to Rosterfy. EULA. 10.2 Unless agreed in writing by us, you must not compile, 7.4 Unless otherwise agreed with us, we will not provide any disassemble, remove, release, disclose, reveal, copy, installation, maintenance or support for the Software. extract, modify or otherwise reverse engineer all or any part 7.5 You are solely responsible for the installation of the of the Software in any way either for itself or for others, or Software in accordance with our reasonable instructions permit such act to be done. 10.3 The Software as modified or altered remains our property in all respects, whether modified by you, us or third party and whether or not authorised pursuant to this EULA. You hereby assign to us all Intellectual Property Rights, Last updated 10 November 2023  including copyright, arising out of any permitted future 13.2 This EULA may be terminated immediately by us if at any modifications to the Software. time: 10.4 You must follow all instructions given by us from time to (a) you commit a default or breach of your obligations time with regard to our Intellectual Property Rights under this EULA and such default or breach is not including, without limitation use of any copyright works or remedied within 7 days after we notify you in trademarks owned by us. writing to remedy that default or breach; or 10.5 You own all data created or uploaded by you in the course (b) where applicable, you fail to pay any amount due of using the Software to the extent this does not include to us in relation to the licence granted to you for the any of our Intellectual Property Rights. Software. 10.6 You grant to us a non-exclusive, worldwide, royalty free, 14. Effect of Termination assignable, perpetual and irrevocable licence to copy, use and analyse User Data for the purposes of fulfilling our 14.1 Upon termination of this EULA, we will remove your access obligations under this EULA and for any purposes related to your Account and access to your data will only be to Rosterfy’s business, including benchmarking and available pursuant to our Data Deletion Policy. analytics to improve and understand product usage, new 14.2 Termination of this EULA does not prejudice any right or product development and customer needs, and to remedy of ours in respect of any antecedent breach by you personalise your user experience and/or inform you of of any of the terms of this EULA. other services we offer. 15. General 10.7 We will not share any of your User Data with any third party without your consent. 15.1 This agreement is governed by and construed in accordance with the law from time to time in the Applicable 11. Representations and Warranties Jurisdiction. The parties agree to submit to the non- 11.1 The Software is provided “as is” and we do not warrant that exclusive jurisdiction of the courts of their Applicable the Software is entirely secure, uninterrupted or error-free. Jurisdiction. 11.2 You acknowledge that the Software has not been prepared 15.2 You may not assign any right, title or interest under this to meet your individual requirements and that it is your EULA to a third party without the prior written consent of responsibility to ensure that the facilities and functions of the Licensor. the Software meet your requirements. 15.3 We may assign or sub-contract any right, title or interest 11.3 Except as set out expressly in this EULA and to the extent under this EULA to a third party. permitted by law, we do not give and are not bound by or 15.4 Clauses are that are intended by their nature to survive subject to any condition, term, warranty, representation or termination of this EULA, survive termination of this EULA. obligation in connection with this EULA whether such condition, term, warranty, representation or obligation is 15.5 Each notice authorised or required to be given to a party implied by virtue of any statute, law, custom, trade usage must be in writing and may be delivered personally, sent or otherwise. by properly addressed and prepaid mail or email, in each case addressed to the party. 12. Limitation of Liability 15.6 Neither party will be liable to the other for delay or failure 12.1 To the extent permitted by law, our liability for any breach to perform its obligations under this EULA if such delay or of any condition or warranty in connection with this EULA failure is caused by declaration of war, strikes, acts of God and your use of our Software will be limited, at our sole or the public enemy, riots, interference by military discretion to one or more of the following: authorities, compliance with government laws and (a) the replacement or repair of the Software or supply regulations, delays in transit, inability to secure necessary of equivalent software; or governmental priorities or any fault beyond its reasonable control or without its fault or negligence. (b) the payment of the cost of having the Software repaired or resupplied. 15.7 If any provision of this EULA is invalid and not enforceable in accordance with its terms, all other provisions which are 12.2 We exclude all liability for: self-sustaining and capable of separate enforcement without regard to the invalid provision will continue to be (a) loss of profit or revenue, loss of business valid and forceful in accordance with their terms. opportunities, loss of software or loss of data and any indirect or consequential loss arising in. connection with this EULA; (b) use of a superseded or altered release of the Software if any reduced functionality on the Software would have been avoided by use of a current unaltered release of the Software provided to or made available for download; and (c) your use of the Software in a manner inconsistent with the terms of this EULA including any unauthorised changes. 13. Termination 13.1 This EULA and the license granted hereunder are effective on the date you first use the Software and shall continue while you maintain an active Account unless this EULA is terminated pursuant to this clause. Last updated 10 November 2023