This site and the mobile applications and services available in connection with this site and mobile application (the “Service”) are made available to you by Leio PTY LTD (“Spirit Notes”, “We”) subject to these Terms of Service, including those set forth in the Privacy Policy (the “Terms”).
By accessing, using or downloading any materials from the Service, you agree to follow and be bound by the Terms, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time here. We and third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in this Service at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this Service.
The Service is available to you if you are 13 years of age or older. If you are 13 or older, but under the age of majority in your country of residence, you must review this agreement with your parent or guardian to make sure that you and your parent or guardian understand it. You may use the Service only if you can form a binding contract with Leio PTY LTD and are not barred under any applicable laws from doing so.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any portion thereof.
If you choose to buy a Spirit Notes Pro subscription, payment will be charged to your Apple ID account at the confirmation of purchase. The subscription automatically renews unless it is cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the Service Store after purchase.
All purchases are final. Spirit Notes cannot issue refunds for purchases charged to your Apple ID.
Spirit Notes may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). If you or Spirit Notes cancel your Free Trial, you acknowledge and agree that we may delete all of your User Content or data associated with the Service that was assigned to your Free Trial.
At any time and without notice, Spirit Notes reserves the right to (a) modify the terms and conditions of any Free Trial offer, (b) cancel any Free Trial offer, or (c) cancel any Free Trial subscription at any time.
Spirit Notes, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Spirit Notes will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
You must follow any policies made available to you within the Service. You agree to use the Service only for purposes as permitted by these Terms.
Using our Service does not give you any legal right, title, or interest in our Service or the Content you access. You may not assign (or grant a sub-license of) your rights to use the Service, or otherwise transfer any part of your rights to use the Service. The Service, including the software used to implement the Service, as well as the software provided to you as a part of the Service (the “Software”), are protected by copyright, trademark, applicable intellectual property and other laws. These Terms do not grant you the right to use any trademarks, branding, or logos used in our Service. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms.
Don’t misuse our Service. You agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). You agree you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Service. Also, you agree not to access the Service using a method other than the interface and instructions we provide. For example, you may not: (a) reverse engineer, decompile or otherwise attempt to extract the source code of the software used to access the Service or protocols used in the Service, unless this is required by law; (b) attempt to disable or circumvent any security mechanisms used by the Service; (c) probe, scan, or test the vulnerability of any system or network; (d) breach or otherwise circumvent any security or authentication measures; (e) access, tamper with, or use non-public areas of the Service; (f) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Service; (g) plant malware or otherwise use the Service to distribute malware; (h) access or search the Service by any means other than our publicly supported interfaces (for example, “scraping”). If your use of the Service or other behaviour intentionally or unintentionally threatens our ability to provide the Service, we will take any reasonable steps to protect the Service, which may include suspension of your access to the Service.
We may provide you with notices regarding the Service, including changes to the Terms; by email, regular mail, or postings on the Website and/or Service.
All information to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such Content originated. All such information is referred to as the “Content.”
You agree that you will not use the Service to upload, transmit, store, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Spirit Notes official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law.
You retain full ownership for the Content you upload or otherwise submit to the Service. Spirit Notes does not claim ownership or any intellectual property rights to any of it. We do, however, need certain limited rights in order to operate the Service: you grant Spirit Notes (and those we work with) a worldwide, non-exclusive license to use, host, store, reproduce, modify, communicate, and distribute such Content, without any compensation or obligation to you. The rights you grant in this license are for the limited purpose of operating and improving our Service, and to develop new ones. Make sure you have the necessary rights to grant us this license for any Content that you submit to our Service. We may remove any Content from our Service at our discretion.
In order to provide the Service and make your Content available, Spirit Notes may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Spirit Notes to take any such actions.
You are solely responsible for securing and backing up your Content. Spirit Notes shall use reasonable skill and due care in providing the Service, but has no responsibility or liability for the deletion, corruption, or failure to store any Content maintained or transmitted through your use of the Service.
The Service may provide you with the ability to send emails or other communications to third party service providers, advertisers, other users, and/or us. You agree to use communication methods available on the Service only to send communications and materials related to the subject matter for which we provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using any of the communications methods available on the Service, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by us (unless expressly stated otherwise by Spirit Notes) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by us in any manner, though we reserve the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
Spirit Notes gives you a personal, non-assignable, non-exclusive, limited license to use the Software provided to you by Spirit Notes as part of the Service. The license is for the sole purpose of enabling you to use our Service in the manner permitted in these Terms. You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of the Service or Software.
By subscribing to a newsletter on our Service or through any other means, you agree to receiving newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Spirit Notes through the “Contact Us,” Support interfaces or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Spirit Notes is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Spirit Notes shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (d) Spirit Notes may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Spirit Notes without any obligation of Spirit Notes to you; and (f) you are not entitled to any accounting, compensation or reimbursement of any kind from Spirit Notes under any circumstances.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (if any) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorised by us or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the software or Content available on the Service (other than Content that you may submit), in whole or in part.
We are constantly modifying and improving our Service over time. We may add or remove features or functionalities, and we may temporarily suspend or discontinue the Service altogether. We may, at any time, change or impose fees for your access and use of the Service.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Service. Termination of your account may include (x) removal of access to all offerings within the Service, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the Service.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE IN THE Service ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. LEIO PTY LTD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. LEIO PTY LTD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE Service WILL BE CORRECTED.
YOU EXPRESSLY AGREE TO RELEASE LEIO PTY LTD, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE Service, (b) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE Service, (c) ANY DELAY OR INABILITY TO USE THE Service EXPERIENCED BY YOU, (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE Service, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LEIO PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another person or entity.
This Service is controlled by Leio PTY LTD from its offices within Australia. We make no representation that the Content in the Service or the Service are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Service from locations outside of Australia do so on their own initiative and are responsible for compliance with applicable local laws.
Please note that the Terms of Service may change from time to time. We will post notice of modifications on our website. In the case of substantial changes, we may, at our sole discretion, provide a prominent notice, e.g., using a dialog in the Spirit Notes application, or by sending you an email with the updated Terms. You understand and agree that if you use the Service after the date on which the Terms have changed, Leio PTY LTD will treat your use of the Service as acceptance of the updated Terms.
Certain components of the Service provided by Leio PTY LTD may require separate Software or other license agreements or Terms of Use. You must read, accept, and agree to be bound by any such separate agreements as a condition of using these particular components or features of the Service.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
These Terms control the relationship between you and Leio PTY LTD, they don’t create any third party beneficiary rights.
Upon any termination of the Service under Section “Modifying and Terminating our Service”, these Terms will also terminate, but Sections “Exclusion of Warranties”, “Limitation of Liability”, “Indemnity” , and “About these Terms” shall continue to be effective after these Terms are terminated.
This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia. The parties agree to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
This is the entire agreement between you and Leio PTY LTD with respect to the Service and it supersedes and replaces any prior representations, discussions, undertakings, communications or advertising relating to the Service. If any part of this agreement is found invalid or unenforceable, the remaining portions will remain in full force and effect, and enforceable term will be substituted reflecting our intent as closely as possible.
