About these Terms

These Terms of Service (hereinafter the “Terms”) govern your (“you/your” or the “User”) access to and use of Endorba Plus (the “Service”). Please read them carefully and completely before using the Service. 

By registering to the Service you agree to be bound by these Terms.

The Service is provided by Hulloss Pty Ltd (ACN 632 273 191) (“we/us” or ”Service Provider”).

The Service is an extension of the Endorba Application (“Application”), which itself can be obtained via the Apple Mac App Store.

The Service Provider reserves the right to review and change any of the Terms by updating this document at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. When the Service Provider updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. We recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by using the Service. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by the Service Provider in the user interface of the Application.

You understand and agree that if you use the Services after the date on which the Terms have changed, the Service Provider will treat your continued use of the Service as acceptance of the updated Terms.

Subscriptions

The Service is billed on a subscription basis (“Subscription(s)”). The User will be billed in advance on a repeating and periodic basis (“Billing Cycle”). Billing cycles are applied on a monthly or annual basis, depending on the type of subscription product you select when purchasing a Subscription for the Service.

At the conclusion of each Billing Cycle your Subscription will be renewed automatically unless it is cancelled by you or the Service Provider.

Payment Processor

All financial transactions made in connection with the Service will be processed by Apple Inc. (“Apple”) in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of Apple. In no event will the Service Provider be responsible for the actions or inactions of Apple, including, but not limited to system downtime or payment service outages.

Your financial information is not shared with the Service Provider by Apple. In-app subscription purchases will be applied using payment methods that you have established with Apple, and you can manage your subscription using Apple’s App Store billing management portal.

Free Trial

The Service Provider may, at its sole discretion, offer a Subscription bundled with a free trial for a limited time period (“Free Trial”).

You may need to enter your billing information in order to enrol for a Free Trial.

If you enrol for a Free Trial you will not be charged for the Service until the Free Trial has expired. On the final day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the corresponding Subscription fees for the type of Subscription you enrolled for.

At any time and without notice, the Service Provider reserves the right to modify the terms and conditions of the Free Trial offer, or cancel the Free Trial offer.

Service Fee Changes

The Service Provider, in its sole discretion and at any time, may alter the Subscription fees for the Subscriptions. Any Subscription fee modification will subsequently be made effective at the conclusion of the present Billing Cycle.

The Service Provider will provide you with reasonable prior notice of any alteration to Subscription fees that will affect you.

Your continued use of the Service after a Subscription fee modification comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Restrictions

You acknowledge that you may not (or attempt to):

• access the Service by any means other than those authorised by the Service Provider;
• use the Service in an illegal manner or for an illegal purpose;
• sell, rent, or sublicense the Service to any third party;
• share your account password with someone else to allow them to access the Service; or
• bypass, reverse-engineer, disable, modify, or otherwise tamper with any security technology that the Service Provider applies to protect the Service, or encourage or assist somebody to do so.

Termination of Service

The Terms will continue to apply until terminated by either you or the Service Provider as set out below.

The Service Provider may at any time, terminate the Terms with you if:

• you have breached any provision of the Terms or intend to breach any provision;
• The Service Provider is required to do so by law;
• the provision of the Services to you by the Service Provider is, in the opinion of the Service Provider, no longer commercially viable.

Subject to local applicable laws, the Service Provider reserves the right to discontinue or cancel your account at any time and may restrict, suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts the Service Provider’s name or reputation or violates the rights of those of another party.

The Services will be continuously modified over time, and features or functionalities may be added or removed as required. The Service Provider may temporarily suspend the Service or discontinue the Service altogether.

Network Connection Requirement

You acknowledge that in order to maintain access to the Service you must establish a network connection to the Service Provider on a regular basis such that your subscription status may be verified. It is your responsibility to ensure that you can continue to access the internet such that your account status may be verified in order to continue using the service. The Service Provider is not liable for any network malfunctions or failures attributed to your internet access provider.

Privacy and Protection of Personal Information

The Service Provider takes your privacy seriously and any information provided, collected or processed through your use of the Service is subject to the Endorba Privacy Policy.

Governing Law & Venue

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction you agree that the laws of the state of Victoria, Australia, excluding its conflicts of law rules, shall apply to this agreement and your use of the Licensed Application and associated Services. 

In the event that the Service Provider is unable to settle any dispute with you, then any proceeding, claim or court or arbitration proceedings of whatever nature arising out of or in any way relating to the Terms, the Application or any associated Services shall be held in Victoria, Australia only. You and the Service Provider each waive any right to a jury trial. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Your use of the Licensed Application and associated Services may also be subject to other local, state, national, or international laws.

The provisions of the United Nations Convention on the International sale of goods is specifically excluded from this agreement.

Exclusion of Warranties

The Service Provider provides the Services to you “as is” and “as available”, featuring all faults and without warranty of any nature to the maximum extent permitted by applicable law. You acknowledge and agree that use of the Services are at your sole risk and that any and all risk relating to satisfactory quality, performance, accuracy, security and effort is with you.

The Service Provider continually works to keep the Services working optimally, however unforeseen technical malfunctions of the many component parts that make up the Services can sometimes occur. You acknowledge that the Services may occasionally be limited or disconnected for maintenance or to resolve issues. The Service Provider is not obliged to offer uninterrupted access to the Service. The Service Provider provides no warranty that you will always be able to access the Service.

Other Items

Headings contained within the Terms are provided for convenience only and will not be used to define intent.

The English (AU) version of the Terms will be the version applied when interpreting the Terms.