Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading, or using theSignifyOne® App.

1 Definitions

In this document:

(a) Agreement means this End-User Licence Agreement which sets out the terms of use of the Application.

(b) Application means the software program provided by the Company named 'SignifyOne®' App and downloaded by You through an Application Store's account to a Device.

(c) Application Store means the digital distribution service operated and developed by Apple Inc. (AppleApp Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to yourDevice.

(d) Company, We, Us or Our means Jashre Pty Ltd (ACN 673 305 710) of PO Box 1062, Cleveland QLD4163.

(e) Content refers to content such as text, images, or other information that may be posted, uploaded, linked to, or otherwise made available by You on the Application.

(f) CA means a consensual agreement.

(g) Device means any device that can access the Application such as a mobile phone, digital tablet or other electronic device.

(h) Intellectual Property Rights means all rights in copyright, circuit layout, designs, trade marks, patents and all other rights in intellectual property as defined in Article 2 of the World Intellectual PropertyOrganisation (WIPO) Convention whether registrable, registered, patentable or not.

(i) You means the person accessing or using the Application.

2 Acknowledgement

(a) By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download, or do not use the Application.

(b) This Agreement is a legal document between You and the Company, and it governs your use of the Application.

(c) This Agreement is between You and the Company only and not with the Application Store. The Company is solely responsible for the Application.

(d) Your use of the Application and its use by any other users is expressly subject to this Agreement.

(e) The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement. You represent that you are over the age of 18. The Company does not permit any user under 18 years of age to use the Application.

3 Access to and use of the Application

(a) The Application allows You to complete and exchange a CA with another person over the age of 18 years. Once completed and exchanged, You and the other person will be provided with a copy of theCA. The Company will keep a copy of the CA and will deal with it only in the strictest confidence.

(b) To use the Application, You will be asked to create a profile and to access Your saved profile through a username and password.

(c) The Company grants You a revocable, non-exclusive, non-transferable, limited licence to download, install and use the Application in accordance with this Agreement.

(d) You may only use the Application on a Device that You own or control and as permitted by the Application Store's terms and conditions.

(e) The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with this Agreement.

(f) The Application requires network connectivity and location services to function properly. Poor signal quality (dependent on Your location and service provider) may slow down or prevent the Application from working at optimum speed. If You have concerns regarding the quality of Your signal strength, contact Your mobile network service provider directly.

(g) We are not responsible if Your Device is not compatible with the Application, or any other services included in the Application.

(h) You will be responsible for all costs and charges (including from your service provider together with all costs of the equipment and software You need to connect to and use the Application and any other services included in the Application) in accessing and using the Application.

4 License restrictions

You agree not to, and You will not permit others to:

(a) modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application;

(b) remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) of the Company or its affiliates, partners, suppliers or the licensors of the Application;

(c) access the Application to build a competitive product or service;

(d) copy any features, functions or graphics of the Application; or

(e) act in a manner that is inconsistent with the Intellectual Property Rights of the Company.

5 Fee

The fees for Your use of the Application are set out in Your purchase terms with the Application Store. We receive payment from the Application Store for Your use of the Application.

6 Content

(a) The Company is not responsible for the Content of the Application's users.

(b) You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account.

(c) You may not transmit any Content that is unlawful, offensive, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.

(d) The Company reserves the right, in its sole discretion, to determine whether any Content is appropriate and complies with this Agreement, and to refuse or remove any Content. The Company can also limit or revoke the use of the Application if You post objectionable Content.

(e) As the Company cannot control all Content posted by users and/or third parties on the Application, you agree to use the Application at your own risk. You understand that by using the Application, You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

7 Passwords and security

(a) You are responsible for maintaining the confidentiality of passwords required to use the Application and will be responsible for all uses of the Application via registration and/or login, whether authorised or unauthorised by You.

(b) You must not divulge, sublicence, assign, or transfer to any third party Your name and password required to use the Application established during registration or provided to You by the Company.

(c) You must notify Us immediately upon discovery or suspicion of compromise of the confidentiality of any password or log-in required to use the Application.

8 Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects. We will use reasonable efforts to give You notice before any of those things occur but exclude all liability if we do not do so (subject to clause 20).

9 Updates to the Application

(a) The Company may from time to time provide enhancements or improvements to the features or functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

(b) You may accept and use any update that We make available by downloading or accessing the update.

(c) Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to:

(i) provide any updates; or

(ii) continue to provide or enable any features and/or functionalities of the Application to You.

(d) You agree that all updates or any other modifications will be:

(i) deemed to constitute an integral part of the Application; and

(ii) subject to the terms and conditions of this Agreement.

10 Maintenance and support

The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, will be obligated to furnish any such maintenance or support.

11 Third-party services

(a) The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

(b) You acknowledge and agree that the Company will not be responsible for any third-party services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to You or any other person or entity for any third-party services.

(c) You must comply with applicable third parties' terms of agreement when using the Application. Third party services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' terms and conditions.

12 Privacy Policy

(a) The Company collects, stores, maintains, and shares information about You in accordance with its Privacy Policy which can be found here: https://www.signifyone.com/privacy-policy

(b) By accepting this Agreement, You agree and consent to the terms and conditions of Our Privacy Policy.

13 Intellectual Property Rights

The Company or its related entities will own all Intellectual Property Rights in the Application. No Intellectual Property Rights are granted to you other than the right to use the Application as specified in this Agreement.

14 Errors & viruses

(a) The Company does not warrant that the Application will be error-free or that such errors will be corrected. You agree that the existence of any errors in the Application does not constitute a breach of thisAgreement.

(b) The Company does not warrant that the Application will be free from viruses. You are solely responsible for virus scanning the Application.

15 Representations & warranties

The Company represents and warrants that:

(a) it has the right to licence the Application to you under this Agreement; and

(b) your use of the Application will not infringe the Intellectual Property Rights of any third party.

16 Your suggestions

(a) Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application will remain the sole and exclusive property of the Company.

(b) The Company will be free to use, copy, modify, publish or redistribute your suggestions for any purpose and in any way without any credit or any compensation to You.

17 Confidentiality

(a) The parties agree to treat as confidential:

(i) all information of a confidential nature exchanged between them;

(ii) the provisions of this Agreement; and

(iii) all Content uploaded onto the Application.

(b) This clause continues to bind the parties during the term of this Agreement and after its termination.

18 Term & termination

(a) This Agreement will remain in effect until terminated by You or the Company.

(b) This Agreement may be terminated immediately by the Company, with reasonable prior notice, if you fail to comply with any provision of this Agreement.

(c) You may terminate this Agreement at any time by deleting the Application from your Device.

(d) On termination of this Agreement, You must cease all use of the Application and delete all copies of theApplication from your Device.

(e) Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity incase of breach by You of any of your obligations under the Agreement.

19 Indemnity

To the extent permitted by law, You agree to indemnify and hold the Company and its related entities, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable legal fees, due to or arising out of Your:

(a) use of the Application;

(b) breach of this Agreement or any law or regulation; or

(c) infringement of any third-party rights.

20 Limitation of liability

(a) Subject to paragraph (b), to the fullest extent permitted by law, the Company expressly excludes all implied warranties and conditions including (without limitation) implied warranties as to the merchant ability or fitness for purpose of the Application.

(b) To the extent that any liability of the Company under the Competition and Consumer Act 2010 (Cth) or other applicable law cannot be excluded, the Company’s liability is limited, at our option, to either:

(i) In the case of goods:

(A) replacement of the goods;

(B) supply of equivalent goods;

(C) repair of the goods;

(D) repayment of the cost of replacing the goods or of acquiring equivalent goods; or

(ii) In the case of services:

(A) supply of the services again; or

(B) payment of costs of having the services supplied again.

(c) To the fullest extent permitted by law, the Company excludes all liability for indirect and consequential loss including without limitation the loss or corruption of any software, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind arising from this Agreement or the provision of the Application.

(d) To the fullest extent permitted by law, the maximum liability of the Company under this Agreement will be limited to the amount actually paid by You to use the Application.

(e) You expressly agree that the Application Store, its subsidiaries and affiliates, and its licensors will not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

21 Application Store terms of use

(a) If You purchase the Application through the Apple App Store™ and/or Google Play™, in addition to this Agreement, Your use of the Application is also subject to:

(i) Apple’s End User Licence Agreement (EULA): www.apple.com/legal/itunes/appstore/dev/stdeula/;or

(ii) Google Play Terms of Service: https://play.google.com/intl/en_au/about/play-terms/depending on Your Device.

(b) To the extent of any conflict between this Agreement and Apple's EULA or Google Play Terms ofService, this Agreement will prevail.

22 Severability

If any provision of this Agreement is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

23 Waiver

No waiver of any right or remedy will be effective unless in writing and shall not operate as a waiver of that right or remedy or any other right or remedy on a future occasion.

24 Product claims

To the extent You have any product claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing such claims in accordance with this Agreement.

25 United States legal compliance

You represent and warrant that:

(a) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country; and

(b) You are not listed on any United States government list of prohibited or restricted parties.

26 Assignment

You cannot assign, novate or otherwise transfer any of Your rights or obligations under this without the prior written consent of the Company.

27 Governing law

This Agreement will be governed by the laws of Queensland, Australia and You agree to submit to the nonexclusive jurisdiction of courts with jurisdiction in Queensland and the Commonwealth of Australia. Your use of the Application may also be subject to other local, state, national, or international laws.

28 Entire agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior written or oral agreements between You and the Company.

29 Contact Us

If you have any questions about this Agreement, You can contact Us at:

Jashre Pty Ltd
PO Box 1062, Cleveland QLD 4163 Australia
Email: office@jashre.com

Last updated: November 2024

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