Terms of Service
Last updated: 7th August 2020.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these Terms, in which case the terms “You”, “Your”, and “Customer” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these Terms, or if you are under the age of majority, you must not accept this Agreement and may not use the Service.
- Agreement – means, collectively, all the terms, conditions and notices contained or referenced in this document (the “Terms of Service” or the “Terms”).
- Each of “Dist”, “dist.cloud”, “we”, “us”, and “our” means: Nomitor Pty Ltd (Australian Business Number: 33 134 860 432)
- Service – means the applications, software, products, and services provided by us.
- Customer, subscriber, you, and/or your – means the legal entity, such as a company, non-profit organization, or group, that subscribes to the Service. Where an individual person subscribes to the Service, these terms refer to the individual.
- Account, or Organization Account – represents the legal relationship between the Customer and Dist. It includes all data belonging to the Customer, and hosted by us.
- User Account – means an individual’s authorization to log in to and use the Service and serves as a User’s identity.
- User – means any person authorized by the Customer to access the Customer’s Account. All Users must be at least 13 years of age.
- Account Credentials – means any password, access tokens or other secrets used to access your Account, including those of User Accounts.
- You must be 13 years or older to use the Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for all content posted and activity that occurs under your Account (even when content is posted by other users within your Account).
- Each User Account may only be used by one person - i.e., a single login may not be shared by multiple people. You may create separate User Accounts for as many people as your plan allows.
- You are responsible for maintaining the security of your Account and Account Credentials. Dist cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You will promptly notify Dist if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of Account Credentials.
Communications with Dist
- For contractual purposes, you:
- consent to receive communications from us in an electronic form via the email address you have submitted via the Service; and
- agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
- Any notice made by Dist to you shall be deemed properly given and effective when reduced to writing and sent to the email address we have for you on record.
- Any notice made by you to Dist shall be deemed properly given and effective when reduced to writing and delivered to our support email address being email@example.com.
Service and Content Ownership
- Dist considers the contents of private repositories to be confidential to you. Dist will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
- We claim no intellectual property rights over the material you provide to the Service. You retain ownership of and responsibility for your content, being all content hosted by the Service within your Account, whether that content is uploaded by you, your Users, or retrieved by the Service at your instruction. You agree to fully comply with any third party licenses relating to content hosted by the Service within your Account.
- You understand that Dist uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You accept that features and functions may be added and/or removed over time and that may result in you moving to another system at your own expense.
- Your use of the Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your and your Users’ use of the Service is in compliance with law and any applicable regulations.
- While using the Service, you agree that under no circumstances, will you or your Users:
- attempt to disrupt or harm our Service, to place undue burden on our Service through automated means, or to access our Service in ways that exceed your authorization;
- impersonate any person or entity, including any of our employees or representatives, including through false association with Dist and/or Dist, or by fraudulently misrepresenting your identity.
Billing and Payments
- The Service is provided as a subscription billed in advance on a monthly basis.
- Invoices become due immediately after they are issued.
- You will provide a valid credit or debit card to which all fees will be charged.
- You agree to pay all taxes applicable to your use the Service. For Customers in Australia, GST is applicable to any fees charged by Dist.
- Late payment – if an invoice remains unpaid for 30 days your Account may be canceled.
Cancellation and Termination
- You can terminate your account at any time through the Billing section of the Service. We are not able to cancel Accounts in response to an email or phone request.
- Unless otherwise requested, cancellation takes effect at the end of the current subscription period. You will continue to have access to the Service until this date.
- You are solely responsible for backing up and/or migrating any data hosted within your Account before initiating the cancellation request.
- We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete all content within your Account within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is cancelled.
- Dist has the right to suspend access to all or any part of the Service or your Account at any time, with or without cause, with or without notice, effective immediately.
- All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
- Dist provides the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
- Dist does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of the Service, and downloading and/or use of files, information, content or other material obtained from the Service.
- You agree to defend, indemnify and hold Dist harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of this agreement, laws or regulations, or any third-party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights.
- This obligation shall survive any termination of this agreement.
Limitation of Liability
- Dist shall not be liable to you or any third party for special, consequential, incidental, indirect, tort or cover damages, including, without limitation, damages resulting from the use or inability to use the services, delay of delivery and implementation, or loss of profits, data, business or goodwill, whether or not Dist has been advised or is aware of the possibility of such damages.
- Dist’s liability for all claims of any kind arising out of or relating to this agreement shall be limited solely to money damages and shall not exceed the fees paid by you in the month preceding the claim giving rise to such liability.
Changes to These Terms
- We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments.
- We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by email or by posting a notice on the Service. Your continued use of the Service constitutes agreement to our revisions of these Terms of Service.
- These Terms of Service are governed by the laws of New South Wales, Australia, and all parties submit to the non-exclusive jurisdiction of the courts of this State.
- If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Dist to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Questions about the Terms of Service? Contact us.