Nootify Terms and Conditions

These terms and conditions (the "Terms and Conditions") govern the use of https://www.nootify.io/ (the "Site"). This Site is owned and operated by Blockstars Technology Ply Ltd, hereinafter referred to as "Nootify." This Site is a software as a service facility.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property

All content published and made available on our Site is the property of Nootify and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

• Violate the rights of other users of our Site.
• Violate the intellectual property rights of Nootify or any third party.
• Act in any way that could be considered fraudulent.
• Post any material that may be deemed inappropriate or offensive.
• Violate laws, regulations, and/or these Terms.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend, or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts

When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account.
2. All personal information you provide to us through your account is up to date, accurate, and truthful, and you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Services

These Terms and Conditions govern the sale of services available on our Site.

The following services are available on our Site:

• Push Notifications Messaging Software.

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Subscriptions

Your subscription automatically renews, and you will be automatically billed until we receive notification that you want to cancel the subscription.

Payments

We accept the following payment methods on our Site:

• Credit Card;
• Debit; and
• Direct Debit.

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Consumer Protection Law

Where applicable consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability

Nootify and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses, including legal fees, from your use of the Site.

Indemnity

By using this Site, you indemnify and hold harmless Nootify and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses, including legal fees, arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of Queensland, Australia.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and Nootify are unable to resolve any dispute through informal discussion, then you and Nootify agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Nootify.

Notwithstanding any other provision in these Terms and Conditions, you and Nootify agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement. This is to occur in Queensland, Australia.

Additional Terms

• User-Generated Content: While we primarily facilitate message delivery and do not host user-generated content, users must adhere to certain guidelines when using our platform. Users are prohibited from sending or facilitating the transmission of content that is illegal, infringing, defamatory, offensive, obscene, or harmful. This includes, but is not limited to, content related to drugs, weapons, pornography, and illegal activities. In the event of violations, we reserve the right to take appropriate action, including the removal of offensive content and termination of the responsible user's account.
• Liability: In no event shall Nootify be liable for any direct, indirect, incidental, consequential, special, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from or in connection with the use of our website or services. This includes any errors or omissions in content, or any loss or damage of any kind incurred as a result of the use of our website or services, even if advised of their possibility.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal, and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time to maintain compliance with the law and reflect changes in our Site's operation and user behavior. We will notify users of changes to these Terms and Conditions by email or by posting a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

nootify@blockstars.com.au

16/238 Robina Town Centre Drive, Robina 4226 QLD AUSTRALIA

Software License

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to Nootify are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, Nootify merely grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of Nootify and the Service offered. This license does not grant Users any rights to access, usage, or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation related to it are the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

API Usage Terms

Users may access their data relating to Nootify via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses Nootify, is bound by these Terms and, in addition, by the following specific terms:

• The User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

Methods of Payment

Information related to accepted payment methods is made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of Nootify.

All payments are independently processed through third-party services. Therefore, Nootify does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Retention of Usage Rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Performance of Services

The purchased service shall be performed or made available within the timeframe specified on Nootify or as communicated before the order submission.

Contract Duration

Automatic Renewal of Fixed-Term Subscriptions

Subscriptions are automatically renewed through the payment method that the User chose during purchase. The renewed subscription will last for a period equal to the original term.

Termination

Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside Nootify. If the notice of termination is received by the Owner before the subscription renews, the termination shall take effect as soon as the current period is completed.

User Rights

Right of Withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the Right of Withdrawal Applies To

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Users that do not fit this qualification cannot benefit from the rights described in this section.

Exercising the Right of Withdrawal

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

When Does the Withdrawal Period Expire?

• Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into unless the User has waived the withdrawal right.

Effects of Withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

On the Purchase of Services

Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount that is in proportion to the part of the service provided. Such payment shall be calculated based on the fee contractually agreed upon and be proportional to the part of the service provided until the time the User withdraws, compared with the full coverage of the contract.

Liability and Indemnification

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation to any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights, or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners, and employees to the extent allowed by applicable law.

Limitation of Liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health, or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Nootify has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence or they affect life, health, or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In particular, within the limits stated above, the Owner shall not be liable for:

• Any losses that are not the direct consequence of a breach of the Terms by the Owner;
• Any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
• Damages or losses resulting from interruptions or malfunctions of Nootify due to acts of force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet, and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses, and cyberattacks, interruptions in the delivery of products, third-party services, or applications;
• Any damage, prejudice, or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via Nootify. Users are responsible for implementing sufficient security measures – such as antivirus and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to Nootify.

Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:

In any event of liability, the compensation may not exceed the total payments that have been, will be, or would be received by the Owner from the User based on the contract over a period of 12 months or the period of the duration of the Agreement, if shorter.

Australian Users

Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted, or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

Nootify is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the user from the owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted, or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk, and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:

• Any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• Any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access or use of the Service or User account or the information contained therein;
• Any errors, mistakes, or inaccuracies of content;
• Personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• Any unauthorised access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
• Any interruption or cessation of transmission to or from the Service;
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• The defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs, or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• Any content that is submitted from User’s account, including third party access with User’s unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s willful misconduct; or
• Statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.

Common Provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts, etc.).

Service Reselling

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of Nootify and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy Policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Nootify.

Intellectual Property Rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to Nootify are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Nootify are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of Nootify must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid, or unenforceable parts.

In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity, or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement unless the severed provisions are essential to the Agreement or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing Law

These Terms are governed by the law of the place where the Owner is based Queensland, Australia, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of National Law

However, regardless of the above, if the law of the country that the User is located in provides for a higher applicable consumer protection standard, such higher standards shall prevail.

Venue of Jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway, or Iceland.

Dispute Resolution

Amicable Dispute Resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Nootify or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint, including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 30 days of receiving it.

Online Dispute Resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitate an out-of-court method for solving disputes related to and stemming from online sale and service contracts.

As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such a platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.

Definitions and Legal References

Nootify (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

European (or Europe)

Applies where a User, regardless of nationality, is in the EU.

Example withdrawal form

Addressed to:

Nootify,
16/238 Robina Town Centre Drive
Queensland 4226  AUSTRALIA
nootify@blockstars.com.au

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

(insert a description of the goods/services that are subject to the respective withdrawal)

• Ordered on: (insert the date)
• Received on: (insert the date)
• Name of consumer(s): (insert consumer's name)
• Address of consumer(s): (insert consumer's address)
• Date: (insert date)

(sign if this form is notified on paper)

Owner (or We)

Indicates the natural person(s) or legal entity that provides Nootify and/or the Service to Users.

Product

A good or service available for purchase through Nootify, such as physical goods, digital files, software, booking services, etc. The sale of Products may be part of the Service.

Service

The service provided by Nootify as described in these Terms and on Nootify.

Terms

All provisions applicable to the use of Nootify and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using Nootify.

Consumer

Consumer is any User qualifying as such under applicable law.

These are the remaining sections and definitions from the document you provided. If you have any specific questions or need further information on any of these sections or terms, please let me know, and I'll be happy to assist you further.