Terms of Service - Individual Invited Users

Updated: 22 May 2018

IMPORTANT-READ CAREFULLY:

You have been invited to create a Maintainly user account.

By accepting this invitation you are agreeing to abide at all terms of this Maintainly Terms of Service - Individual Invited User (“TOS”). Acceptance creates a legal agreement between you (either an individual or a single entity) and 3Floorsup Pty Ltd. If you do not agree to the terms listed herein, promptly advise Us, and all access will be disabled. 3Floorsup Pty Ltd, its subsidiaries, affiliates and partners, are collectively referred to as “Us” or “We” or “Maintainly”.

1. THE SERVICE

Maintainly’s products and services shall remain the sole and exclusive property of Maintainly or its suppliers, including, without limitation, all copyrights, trademarks, patents, database rights, trade secrets, site maps, site notes, programming code, data, information or any form of coding script, site maps, database schemas developed or provided by Maintainly or its suppliers under this TOS, and any know-how, methodologies and processes or other proprietary rights inherent therein and appurtenant thereto (“The Service”).

Maintainly hereby grants You a temporary, worldwide, limited, non-exclusive, license to solely make use of The Service on the Host Server that may be revoked at any time at Maintainly’s absolute discretion.

There are no covenants, representations or warranties, implied or stipulated, associated with the granting of this temporary license to you.

2. YOUR PRIVACY

We respect your privacy rights and the importance of keeping information that you give to Us confidential as well as protected. Our Privacy Policy aims to help you understand what information We collect from you, how We collect it and what We do with it.

3. YOUR CONTENT

Your Content includes any data, or information that you submit and shall, unless an agreement exists between You and the Maintainly Account Holder that invited you into The Service, shall at all times be considered to be the property of the Maintainly Account Holder, not You.

4. YOUR OBLIGATIONS

You may not reverse engineer, decompile, or disassemble The Service or provide access to or assist in any way any company or person who intends to reverse engineer, decompile, or disassemble any part of The Service. You may not rent or lease any part of The Service, nor may You on-rent, on-lease, or on-license this TOS or any part of The Service to another party. You may not use any part of The Service to form any part of a commercially distributed software application, product or service. You do not have any rights to use The Service that are not expressly stipulated in this TOS. All other uses that fall outside of the scope of the TOS and must receive the prior written permission from Maintainly.

5. CONFIDENTIALITY

The Service is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You must treat The Service like any other copyrighted material. You may make a reasonable number of copies of the printed materials accompanying The Service for internal training and reference purposes. Confidential Information shall mean: Information that is generally understood to be confidential in nature or designated as such by either party, but shall not include information that; Is independently developed by the receiving party without access to the other party’s Confidential Information; Becomes publicly known through no breach of this TOS by the receiving party; Has been rightfully received from a third party authorised to make such a disclosure; Has been approved for release in writing by the disclosing party, or; Is required to be disclosed by a legal mechanism or ruling. Each party shall use the same degree of care to protect the Confidential Information of the other party from unauthorized use or disclosure as it uses to protect its own information of a similar nature, but in no event less than reasonable care.