Terms of Service

Last Modified: January 2, 2025

The following terms and conditions govern your Account and use of Services with digipearl.io.  Your contract and account is with digipearl.io, owned and operated by DigiPearl Pty Ltd, ABN 62615114406, which is an Australian-based company.

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of DigiPearl Pty Ltd's software-as-a-service ("SaaS") platform ("Service"). By accessing or using the Service, you agree to comply with and be bound by these Terms. If you do not agree, you may not use the Service.

2. Eligibility

To use the Service, you must be at least 18 years old and capable of forming legally binding contracts under Australian law. By using the Service, you represent and warrant that you meet these requirements.

3. Account Registration

Account Creation: You may be required to register for an account to access certain features of the Service. You must provide accurate and complete information. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notification of Breach: Notify us immediately if you suspect any unauthorised use of your account.

4. Use of the Service

License: Subject to these Terms, we grant you a non-exclusive, non-transferable license to access and use the Service for your internal business purposes. Prohibited Activities: You agree not to: Use the Service for unlawful purposes. Reverse-engineer, decompile, or disassemble the Service. Interfere with or disrupt the integrity of the Service.

Third-Party Integration: The Service may integrate with third-party platforms, and DigiPearl Pty Ltd is not responsible for the performance or compliance of such third-party platforms.

5. Fees and Payment

Subscription Fees: Access to the Service may require payment of subscription fees as outlined in your plan. Payment Terms: Payments must be made in Australian dollars, and all fees are non-refundable unless required by law. Late Payments: We reserve the right to suspend or terminate your account if payment is overdue. Tax Obligations: You are responsible for any taxes or duties associated with your use of the Service, excluding taxes on DigiPearl Pty Ltd's income.

6. Intellectual Property

Ownership: DigiPearl Pty Ltd retains all rights, title, and interest in the Service and related intellectual property. Feedback: Any feedback you provide regarding the Service becomes our property. Content Protection: You agree not to remove, obscure, or alter any proprietary rights notices displayed on the Service.

7. Data and Privacy

Data Ownership: You retain ownership of your data submitted to the Service. Privacy Policy: Use of the Service is subject to our Privacy Policy, which outlines how we collect, use, and protect your data. Data Backup: While we strive to protect your data, you are responsible for maintaining backups of your data.

8. Termination

Termination by You: You may terminate your account at any time by providing written notice. Termination by Us: We may suspend or terminate your account if you breach these Terms or for any other reason with reasonable notice. Effect of Termination: Upon termination, your access to the Service will cease, but certain provisions of these Terms will survive. Data Retention: Following termination, we may retain your data for a limited period as required by law or for legitimate business purposes.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available." To the extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the extent permitted by law, DigiPearl Pty Ltd is not liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or use arising out of or related to your use of the Service. In no event shall our liability exceed the amount paid by you for the Service in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold DigiPearl Pty Ltd harmless from any claims, damages, liabilities, and expenses (including legal fees) arising from your use of the Service or violation of these Terms.

12. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in New South Wales.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will become effective upon posting. Your continued use of the Service constitutes acceptance of the updated Terms.

14. Entire Agreement

These Terms constitute the entire agreement between you and DigiPearl Pty Ltd regarding the Service and supersede all prior agreements or understandings, whether written or oral. Any additional terms or policies referenced herein are incorporated by this reference.

15. Force Majeure

DigiPearl Pty Ltd is not liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, labor strikes, or internet outages.

16. Digipearl.io Accounts Payable & Legal Information

Business Name: Digipearl.io; Owned and operated by DigiPearl Pty Ltd

Australian Business Number (ABN): 62615114406

Postal & Billing Address: Suite 8, 18 Montgomery Street, Kogarah, NSW, Australia, 2217.

Phone Number: +61272505577

This information can be referenced if you are setting up digipearl.io as a Vendor. Email us at [email protected] if you require additional information.

17. Languages

The parties have agreed that this arrangement will be established, and all related documents be written in English.

18. Legal Matters & Dispute Jurisdiction

Any disputes arising out of or in connection with Digipearl.io or DigiPearl Pty Ltd, including any questions regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of NSW, Australia, and shall be governed by and construed in accordance with the laws of NSW, Australia.