Terms of Use
Terms of Use
Please read these Terms of Use carefully because they govern your access and use of PastAi. If you do not agree with one or more provisions of this document, you should not use PastAi.
Effective May 30, 2024
Please read these Terms of Use carefully because they govern your access and use of PastAi. If you do not agree with one or more provisions of this document, you should not use PastAi.
Effective May 30, 2024
1. Definitions
1. Definitions
1.1 These Terms of Use (the “Terms”) constitute a legally binding agreement between PastAi Team (“we”, “us”, and “our”) registered in Sydney, Australia (ABN), and an individual user or an entity (“you” and “your”) accessing or using the desktop applications PastAi (collectively, “PastAi”) and the related website (the “Website”).
1.2 License to use PastAi. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable, and limited license to use PastAi pursuant to these Terms.
1.3 Disclaimer. Although we regularly monitor the information available on the Website and PastAi, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information available.
1.4 Third-party links. PastAi and the Website may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.
1.5 Support. Any general requests for customer support should be addressed to us by email at support@pastai.app or by using “Contact” available on our website.
1.6 Fees. A part of the services provided through PastAi is subject to the subscription fees (the “Fees”). The Fees remain valid as long as they are indicated on the relevant app store. The Fees are subject to a change without prior notice. Unless stated otherwise, the Fees include all applicable taxes, levies, or duties imposed by taxing authorities.
1.7 Payment processing. All payments related to PastAi, including the Fees, are processed by third-party payment processor Apple. Apple is solely responsible for handling your payments. We do not collect or process any payments related to PastAi. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or if Apple refused the payment for any other reason. Please note that Apple may collect some personal data from you, which will allow them to make the payments requested by you (e.g., your name, credit card details, payment account information, or any other required personal data). Refer to Apple's respective policies for more information.
1.8 Privacy and other relevant terms. The documents that include important provisions regarding your use of PastAi and the Website should be read and interpreted together with these Terms.
1.1 These Terms of Use (the “Terms”) constitute a legally binding agreement between PastAi Team (“we”, “us”, and “our”) registered in Sydney, Australia (ABN), and an individual user or an entity (“you” and “your”) accessing or using the desktop applications PastAi (collectively, “PastAi”) and the related website (the “Website”).
1.2 License to use PastAi. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable, and limited license to use PastAi pursuant to these Terms.
1.3 Disclaimer. Although we regularly monitor the information available on the Website and PastAi, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information available.
1.4 Third-party links. PastAi and the Website may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.
1.5 Support. Any general requests for customer support should be addressed to us by email at support@pastai.app or by using “Contact” available on our website.
1.6 Fees. A part of the services provided through PastAi is subject to the subscription fees (the “Fees”). The Fees remain valid as long as they are indicated on the relevant app store. The Fees are subject to a change without prior notice. Unless stated otherwise, the Fees include all applicable taxes, levies, or duties imposed by taxing authorities.
1.7 Payment processing. All payments related to PastAi, including the Fees, are processed by third-party payment processor Apple. Apple is solely responsible for handling your payments. We do not collect or process any payments related to PastAi. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or if Apple refused the payment for any other reason. Please note that Apple may collect some personal data from you, which will allow them to make the payments requested by you (e.g., your name, credit card details, payment account information, or any other required personal data). Refer to Apple's respective policies for more information.
1.8 Privacy and other relevant terms. The documents that include important provisions regarding your use of PastAi and the Website should be read and interpreted together with these Terms.
2. Copyright and Intellectual Property
2. Copyright and Intellectual Property
2.1 Our content. Most of the content available on the Website and PastAi, including all information, source code, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, “Our Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. Our content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease, or attempt to grant other rights to Our Content to third parties, or use any manual or automated means to scrape any content available on PastAi.
2.2 Our brand. You may not use the brand, the word, or figurative trademarks associated with PastAi or third-party trademarks without the prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
2.3 Copyright infringement claims. If you have any grounds to believe that any content available on the Website and PastAi violates your or a third party′s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to your copyright infringement claim as soon as possible but no later than two weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.
Acceptable use
3.1 When using PastAi, you are required to follow our acceptable use policy outlined in this Section 3. Please be advised that we work closely with law enforcement, and we report any inappropriate content that may infringe applicable laws. You are not permitted to use PastAi or the Website in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
Any unauthorised access to machines, programs, data, or committing any other forms of cyber offences;
Fraud;
Provision of false, inaccurate, or misleading information;
Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
Spreading ethnically, racially, or otherwise objectionable information;
Spreading sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior and terrorism-related content;
Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening PastAi;
Interfering with or abusing other users of PastAi;
Using bots, scripts, and other automated methods;
Collecting and disclosing any information about other users of PastAi.
3.1 When using PastAi, you are required to follow our acceptable use policy outlined in this Section 3. Please be advised that we work closely with law enforcement, and we report any inappropriate content that may infringe applicable laws. You are not permitted to use PastAi or the Website in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
Any unauthorised access to machines, programs, data, or committing any other forms of cyber offences;
Fraud;
Provision of false, inaccurate, or misleading information;
Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
Spreading ethnically, racially, or otherwise objectionable information;
Spreading sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior and terrorism-related content;
Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening PastAi;
Interfering with or abusing other users of PastAi;
Using bots, scripts, and other automated methods;
Collecting and disclosing any information about other users of PastAi.
Availability and force majeure
4.1 We put reasonable efforts to ensure that PastAi and the Website are always accessible to you. However, the availability may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of PastAi and the Website caused by such factors.
4.1 We put reasonable efforts to ensure that PastAi and the Website are always accessible to you. However, the availability may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of PastAi and the Website caused by such factors.
Disclaimer of warranties
5.1 We provide PastAi on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of PastAi, any content featured on PastAi and the Website, whether provider by us or by third parties, and hereby disclaim all warranties regarding PastAi and its operation.
5.2 It is your sole responsibility to verify and assess the fit for the purpose of PastAi prior to using it and to decide whether or not PastAi fits for the intended use.
5.3 By using PastAi, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
5.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
5.1 We provide PastAi on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of PastAi, any content featured on PastAi and the Website, whether provider by us or by third parties, and hereby disclaim all warranties regarding PastAi and its operation.
5.2 It is your sole responsibility to verify and assess the fit for the purpose of PastAi prior to using it and to decide whether or not PastAi fits for the intended use.
5.3 By using PastAi, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
5.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
Limitation of liability
6.1. Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of PastAi, any content made available through PastAi and the Website, whether provided by us or by third parties, any transactions concluded through PastAi or use of PastAi for unauthorised or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
6.2 This Section 6 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
Indemnification
7.1 You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of PastAi and the Website, or your violation of any law or the rights of a third party.
7.1 You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of PastAi and the Website, or your violation of any law or the rights of a third party.
Severity
8.1 In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
8.1 In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
Governing law and disputes
9.1 Governing law. These Terms shall be governed and construed in accordance with the laws of Australia.
9.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the courts in Australia. This Section 9 does not affect any statutory rights that you are entitled to as a consumer.
9.3 Dispute resolution. You agree to use your best endeavours to resolve any dispute arising out of or relating to these terms and conditions, with us, prior to resorting to any external dispute resolution process. Please notify us in writing of any dispute you may have.
9.1 Governing law. These Terms shall be governed and construed in accordance with the laws of Australia.
9.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the courts in Australia. This Section 9 does not affect any statutory rights that you are entitled to as a consumer.
9.3 Dispute resolution. You agree to use your best endeavours to resolve any dispute arising out of or relating to these terms and conditions, with us, prior to resorting to any external dispute resolution process. Please notify us in writing of any dispute you may have.
Miscellaneous
10.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us.
10.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on the Website. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of PastAi, or our business practices. You are responsible for regularly reviewing these Terms. Your continued use of PastAi after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through PastAi at any time, at our sole discretion.
10.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
Send you a formal warning;
Temporarily or permanently prohibit your use of PastAi;
Report you to the relevant public authorities;
Commence a legal action against you.
10.4 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by canceling the Fees and ceasing to use PastAi.
10.5 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of PastAi.
10.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us.
10.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on the Website. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of PastAi, or our business practices. You are responsible for regularly reviewing these Terms. Your continued use of PastAi after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through PastAi at any time, at our sole discretion.
10.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
Send you a formal warning;
Temporarily or permanently prohibit your use of PastAi;
Report you to the relevant public authorities;
Commence a legal action against you.
10.4 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by canceling the Fees and ceasing to use PastAi.
10.5 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of PastAi.
© 2024 PastAi, made in Australia!
© 2024 PastAi, made in Australia!
© 2024 PastAi, made in Australia!