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Terms & Conditions

¬†Welcome to SpotSense.io (“us,” “we,” or “our”). By accessing and using our geolocation marketing software and services, you agree to comply with and be bound by these terms and conditions. If you do not agree with these terms, please do not use our software and services.

1. Use of Software

SpotSense.io provides geolocation marketing software designed to enhance customer engagement through targeted marketing campaigns. You may use our software for lawful purposes only. You agree not to misuse, modify, or reverse-engineer our software or its components.

2. Subscription and Payment

Customers may purchase subscriptions to access our software. Payment terms, including subscription fees, are outlined in our pricing and payment policies. By purchasing a subscription, you agree to pay the specified fees according to the selected payment method.

3. Intellectual Property

The software, including its design, features, and content, is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works based on our software without our prior written consent.

4. Customer Data

Customers may provide data to our software for the purpose of creating and managing geolocation marketing campaigns. We do not claim ownership of customer data. However, you grant us a limited license to use customer data to provide our services and improve our software.

5. Warranty Disclaimer

The services are provided to Licensee on an “as-is” and “as available” basis. We do not represent or warrant that the services or the results obtained from their use shall meet the requirements or business needs of Licensee or its customers or that the services’ operation shall be uninterrupted or error-free. We and our licensors, affiliates, and suppliers make no representations and warranties under these terms and hereby expressly disclaim all warranties, whether written or oral, express or implied, including, but not limited to, any warranties of title or non-infringement, any implied warranties of merchantability or fitness for a particular purpose, and any implied warranties arising from course of dealing or course of performance.

6. Force Majeure

Except for payment obligations, neither party will be liable for any delay, inadequate performance or failure to perform any obligations under this Agreement to the extent caused by a condition (including, but not limited to, natural disaster, act of war or terrorism, earthquake, pandemic or health crisis, riot, governmental order, action or inaction, utility or internet service provider failure, delay or disturbance or denial of service attack) that was beyond the party’s reasonable control.

7. Indemnification

Licensee agrees to indemnify, defend, and hold SpotSense.io and its affiliates and their respective directors, officers, employees, and agents (collectively, “Indemnified SpotSense.io Persons”) harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to: (i) Licensee’s violation of these Terms; (ii) Licensee’s violation of any applicable law or regulation; or (iii) Licensee’s violation of Licensee’s privacy notice or any person’s privacy rights.

8. Limitation of Liability

To the extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of our software and services. Our liability is limited to the amount paid for the specific subscription.

9. Termination

We reserve the right to suspend or terminate your access to our software if you violate these terms or engage in activities that harm our software or other users. Upon termination, you must cease using our software and delete any copies you possess.

10. Governing Law and Jurisdiction

These terms and conditions are governed by and construed in accordance with the laws of Australia. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Australia.

11. Changes to Terms

We may update these terms and conditions from time to time. Changes will be effective upon posting the updated terms on our website. Your continued use of our software after any changes constitutes your acceptance of the revised terms.

12. Contact Us

If you have any questions about these terms and conditions, please contact us at help@spotsense.io