TERMS AND CONDITIONS

1. OUR SERVICES

Nepo is an AI-powered networking and outreach automation platform designed to help job seekers — including students and early-career professionals — find relevant professional contacts ("insiders") at target companies, generate personalised AI-drafted outreach messages, and track their networking campaigns in one place.

The Services include, but are not limited to: contact discovery, AI-generated LinkedIn DMs, cold emails, follow-up messages, role intelligence briefs, and a personal outreach CRM. Nepo does not guarantee any employment outcome, referral, job interview, or response from any contact identified through the platform. Results will vary based on individual effort, industry, and circumstances outside of our control.

Free and paid subscription accounts are available. You acknowledge and agree that the features and limits associated with each account type may change from time to time and may be governed by separate terms specific to that account tier. Where account-specific terms apply, you will be informed and must accept those terms. For the avoidance of doubt, these Legal Terms apply unless otherwise amended by account-specific terms.

The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with applicable local laws.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, text, graphics, and other content in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights within Australia and by international treaties.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use only.

2.2 Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• access and use the Services for your personal job search purposes; and
• download or save AI-generated outreach content produced for your personal use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section, please contact us at hello@nepolabs.com. If we grant you permission to reproduce or publicly display any part of our Services or Content, you must identify us as the owners or licensors and ensure that any copyright or proprietary notice is visible.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

2.3 Your submissions

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you submit content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you submit: By submitting content through the Services (including your resume, profile information, and campaign data), you:

• confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not submit any content that is false, misleading, defamatory, infringing, or unlawful;
• warrant that any content you submit is accurate and that you have the right to provide it to us; and
• warrant that your submissions do not violate the intellectual property rights, privacy rights, or any other rights of any third party.

You are solely responsible for your submissions, and you expressly agree to reimburse us for any losses we suffer because of your breach of this section or any applicable law.

We may remove or edit your content: We reserve the right to remove or restrict access to any content you have submitted at any time without notice if, in our reasonable opinion, it violates these Legal Terms or applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are at least 16 years of age, or if between 16 and 18, you have obtained parental or guardian permission to use the Services; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise, except as expressly permitted; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You must register as a user to access the full Services. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information such as your full name, email address, and professional background.

You may register using an email address and magic link, or by signing in with your Google account. You agree to keep your account credentials confidential and will be responsible for all use of your account. You warrant that any information you provide during the registration process will be accurate, correct, and up to date.

You may not use the Services if:

• you are under the age of 16; or
• you are a person barred from receiving the Services under the laws of Australia or the country in which you reside or from which you access the Services.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

Subscription fees are payable via the payment methods available on the Site and may change from time to time. All payments are processed by Stripe, Inc. on our behalf.

You acknowledge and agree that where a request for payment of the subscription fee is returned or denied for any reason by your financial institution or is unpaid for any other reason, you are liable for any costs, including bank fees and charges, associated with the unpaid subscription fee.

You agree and acknowledge that Nepo Labs may vary the subscription fee at any time and that any varied fee will come into effect at the conclusion of your existing subscription period.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services, and to promptly update your account and payment information (including email address, payment method, and card expiration date) so that we can complete your transactions and contact you as needed. Applicable taxes (including GST where required) will be added to the price of purchases as deemed required. All payments shall be in United States Dollars (USD) unless otherwise specified.

You agree to pay all charges at the prices then in effect for your purchases, and you authorise us to charge your chosen payment method for any such amounts. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services and may, in our sole discretion, limit or cancel quantities or access purchased per person, per account, or per order.

6. SUBSCRIPTIONS

6.1 Billing and Renewal

Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring prior approval for each recurring charge, until you cancel the applicable subscription. The length of your billing cycle will depend on the subscription plan you choose at the time of subscribing.

6.2 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at hello@nepolabs.com. Your cancellation will take effect at the end of the current paid billing period, and you will retain access to paid features until that date. We do not provide prorated refunds for partial billing periods.

6.3 Fee Changes

We may, from time to time, make changes to subscription fees and will communicate any price changes to you in advance in accordance with applicable law. Continued use of the Services after the effective date of a price change constitutes your acceptance of the new fee.

7. REFUND POLICY

We offer refunds in accordance with the Australian Consumer Law and on the terms set out in these Legal Terms. Any benefits set out in these terms may apply in addition to your rights under the Australian Consumer Law.

Generally, subscription fees are non-refundable except where required by the Australian Consumer Law (for example, where the Services are not fit for purpose, are not as described, or are of unacceptable quality). Outside of these statutory rights, we will only provide refunds at our absolute discretion and on a case-by-case basis.

If you believe you are entitled to a refund, please contact us at hello@nepolabs.com with details of your request.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Use the Services to send unsolicited bulk messages or engage in spam, mass outreach campaigns unrelated to genuine networking, or any communications that violate applicable anti-spam laws.
• Misrepresent your identity, professional background, qualifications, or relationship with any third party when using outreach content generated by the Services.
• Use contact information surfaced through the Services to harass, intimidate, stalk, or harm any individual.
• Systematically retrieve, scrape, or export contact data or other content from the Services to create or compile a database or directory without our prior written permission.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that enforce usage limits or access controls.
• Use any information obtained from the Services in a manner that violates any person's privacy rights or applicable privacy laws.
• Trick, defraud, or mislead us or other users, including any attempt to obtain sensitive account information such as passwords.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit viruses, malware, or other harmful code that interferes with the Services or other users' use thereof.
• Engage in any automated use of the platform (such as bots or scripts) to interact with the Services beyond your authorised account access.
• Attempt to impersonate another user or person, or use the account credentials of another user.
• Delete or alter any copyright or proprietary notice from any Content.
• Use the Services as part of any effort to compete with us, or to build a similar or competing product or service.
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of any part of the Services.
• Interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services.
• Harass, threaten, or intimidate our employees or agents engaged in providing the Services.
• Make any unauthorised use of the Services, including collecting user email addresses by automated means for the purpose of sending unsolicited communications.
• Sell or otherwise transfer your account or profile to another person.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

9. USER SUBMISSIONS

The Services allow you to submit, upload, and store content including your resume, LinkedIn profile URL, professional background, job search preferences, and other personal information ('Submissions'). When you submit content through the Services, you represent and warrant that:

• You are the creator and owner of, or have the necessary rights and permissions to submit, all content you provide.
• Your Submissions are accurate and not false, misleading, or deceptive.
• Your Submissions do not infringe the intellectual property rights, privacy rights, or any other rights of any third party.
• Your Submissions do not violate any applicable law, regulation, or rule.
• Your Submissions do not contain any malicious code, viruses, or other harmful content.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your access to the Services.

10. SUBMISSION LICENCE

By submitting content to the Services (including your resume and profile information), you grant us a limited, non-exclusive, worldwide, royalty-free licence to use, store, process, and display such content solely for the purpose of providing the Services to you. This licence terminates when you delete the content or close your account (subject to our data retention obligations as described in our Privacy Policy).

We do not assert any ownership over your Submissions. You retain full ownership of all content you submit to the Services and any intellectual property rights associated with it.

By directly sending us feedback, suggestions, or ideas about the Services ('Feedback'), you grant us an unrestricted, irrevocable, perpetual, worldwide, royalty-free licence to use, incorporate, and exploit such Feedback for any purpose, including improving our Services, without compensation or acknowledgment to you.

We have the right, in our sole and absolute discretion, to remove or restrict access to any Submissions at any time and for any reason, without notice.

11. THIRD-PARTY DOMAINS AND CONTENT

The Services may contain links to other websites ('Third-Party Websites') — such as Google (for authentication), LinkedIn, and other external services — as well as articles, text, graphics, and other content belonging to or originating from third parties ('Third-Party Content').

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. Inclusion of or linking to any Third-Party Website or Third-Party Content does not imply approval or endorsement by us.

If you decide to leave the Services and access Third-Party Websites, you do so at your own risk, and these Legal Terms no longer govern. You should review the applicable terms and privacy policies of any third-party website you visit.

You agree to hold us harmless from any losses or harm caused to you relating to or resulting from any Third-Party Content or your contact with Third-Party Websites.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Submissions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. PRIVACY POLICY

13.1 Security and Data

We take your privacy seriously. Information provided through your use of the Site and/or Services is subject to our Privacy Policy, available at https://nepolabs.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms by reference.

13.2 Data Use and Storage

In addition to what is stated in our Privacy Policy, we collect, store, and process your data on Supabase-hosted servers located in the United States (AWS us-east-1, Virginia). All data is encrypted at rest using industry-standard encryption algorithms (AES-256). "Encrypted at rest" means that all data written to disk — including databases, backups, logs, and file storage — is automatically transformed into ciphertext that cannot be read or modified without access to the corresponding decryption keys. Encryption keys are managed according to Supabase's standard key-management practices.

Only authorised personnel and processes with a valid, least-privilege decryption key may access or decrypt the data. Access to production systems and encryption keys is logged and monitored.

Your data is used to provide the Services to you and to facilitate our business operations. Our Privacy Policy describes how your data is collected, stored, processed, and your rights in relation to that data, including deletion requests.

Please be advised that the Services are hosted in the United States. If you access the Services from Australia or any other region of the world, your data will be transferred to and processed in the United States. By continuing to use the Services, you expressly consent to have your data transferred to and processed in the United States, as further described in our Privacy Policy.

14. ARTIFICIAL INTELLIGENCE

The Services employ artificial intelligence ("AI") to generate outreach messages, role intelligence briefs, and other content. Such AI-generated output is provided as a drafting aid only and may be inaccurate, incomplete, or inappropriate for your specific circumstances. You agree to review and verify all AI-generated content before use. We disclaim all liability for any reliance on AI outputs without independent verification.

You acknowledge that you have read, understood, and agree to be bound by the AI terms in this clause.

We currently use a large language model ("LLM") hosted by a third-party provider ("3PP"). You acknowledge that the terms of the 3PP may govern the use of AI and LLM services or features. Currently, Google's Gemini API Terms of Service govern the 3PP-hosted LLM and are available at https://ai.google.dev/gemini-api/terms. The AI and LLM services or features may only be used in jurisdictions supported by Google Gemini. In the event that a different 3PP is utilised in the future, such 3PP's terms shall govern. In the event the 3PP-hosted LLM is no longer provided, the 3PP terms will terminate and no longer be applicable.

14.1 Licence

We grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable licence to use the AI and LLM services or features. This licence is subject to your compliance with all applicable laws and these Legal Terms. We reserve the right to charge fees for AI features at any time upon providing prior notice. If you do not agree to such fees or any of these AI terms, your sole remedy is to cease use of the AI features.

14.2 AI Content

The output generated by the AI and LLM services ("Output") is based on the information you provide to the platform ("Input"), including your resume, profile, and campaign preferences. Input and Output are collectively referred to as "AI Content." As between us and you, AI Content shall be deemed your content. Due to the nature of machine learning, Output may not be unique, and similar outputs may be generated for other users. Output is provided as a starting point for your outreach and should be reviewed, personalised, and fact-checked before sending.

14.3 Accuracy

We do not guarantee the accuracy of any Output generated by the AI and LLM services. Given the probabilistic nature of machine learning and AI, use of the AI and LLM services may in some situations result in inaccurate, outdated, or inappropriate Output. You, the user, are solely responsible for evaluating the accuracy and appropriateness of any Output before use. We shall not be liable for any consequences arising from your use of AI-generated content.

14.4 Third-Party Providers

The AI and LLM services are currently provided through technology developed and operated by Google LLC. We reserve the right to utilise a different 3PP at any time upon providing prior notice. If you do not agree to the new 3PP, your sole remedy is to cease use of the AI and LLM features.

Inputs may be processed by the 3PP in accordance with their terms of service. You should not include in your Inputs any information that is highly sensitive or that you would not want processed by a third party. We do not have control over how the 3PP uses Input data, and any such use is governed solely by the 3PP's terms.

IN ADDITION TO ANY DISCLAIMERS SET FORTH IN THESE LEGAL TERMS, THE AI AND LLM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND THE APPLICABLE THIRD-PARTY PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AI FEATURES, OR THE ACCURACY, AVAILABILITY, SUITABILITY, OR RELIABILITY OF ANY OUTPUT. WE WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF THE AI AND LLM SERVICES OR ANY ERRORS OR OMISSIONS IN THE AI CONTENT.

14.5 Feedback

You may provide feedback regarding the AI and LLM services by emailing us at hello@nepolabs.com. Any Feedback you provide grants us a perpetual, irrevocable, non-exclusive, worldwide, fully paid, sublicensable, assignable licence to incorporate into the Services or otherwise use any Feedback to improve our offerings. You irrevocably waive any moral rights in such Feedback pursuant to applicable copyright law. Feedback is provided on an "as-is" basis with no warranties of any kind.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

The Legal Terms will continue to apply until terminated by either you or by us as set out below.

If you want to terminate the Legal Terms, you may do so by:

• cancelling your subscription prior to the end of the current billing period; and
• closing your account through the account settings or by contacting us at hello@nepolabs.com.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other issues or need to perform maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

17. VENUE AND JURISDICTION

The Services offered by Nepo Labs are operated from New South Wales, Australia. In the event of any dispute arising out of or in relation to these Legal Terms or the Services, you agree that the exclusive venue for resolving any such dispute shall be the courts of New South Wales, Australia.

18. GOVERNING LAW

These Legal Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. Nepo Labs and you irrevocably consent that the courts of New South Wales, Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

19. DISPUTE RESOLUTION

19.1 Compulsory

If a dispute arises out of or relates to these Legal Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

19.2 Notice

A party claiming a dispute ('Dispute') has arisen under these Legal Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.

19.3 Resolution

On receipt of that notice by the other party, the parties must:

• Within 28 days of the notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
• If, for any reason, the Dispute has not been resolved within 28 days after the date of the notice, the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed.
• The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation. Each party must pay their own costs associated with the mediation.
• The mediation will be held in Sydney, New South Wales, Australia.

19.4 Confidential

All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

19.5 Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation, and the mediator must do so.

20. CORRECTIONS

There may be information on our Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW (OR ANY LIABILITY UNDER THEM) WHICH BY LAW MAY NOT BE LIMITED OR EXCLUDED, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY JOB OUTCOME, REFERRAL, INTERVIEW, OR EMPLOYMENT RESULT ARISING FROM USE OF THE SERVICES.

22. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF GOODWILL OR REPUTATION, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW OR OTHER APPLICABLE LEGISLATION.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our affiliates and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your Submissions; (2) your use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights or privacy rights; or (6) any harmful act toward any other person connected to or contacted through your use of the Services. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of such claims. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.

24. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing and providing the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

26. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute these Legal Terms.

27. SEVERANCE

If any part of these Legal Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Legal Terms shall remain in full force and effect.

28. CONTACT US

In order to resolve a complaint regarding our Services or to receive further information regarding use of our Services, please contact us at: