Subject to these Terms (and your Entity Agreement, if applicable), FusionSuite grants you a limited, personal, non-exclusive, non transferable license to access and use the Service solely as authorized by FusionSuite and your Entity. No other rights are granted.
You will not, and will not allow others to:
Confidentiality: You agree to treat all Service content, algorithms, and data as confidential and not to disclose them to any third party without prior written consent.
Fees: Access to the Service is subject to payment of applicable fees. The company reserves the right to update its fees upon reasonable notice.
FusionSuite may engage third party service providers to assist in processing data for accounting, operational, or service delivery purposes. By using the Service, you appoint such providers as authorized agents for these purposes, subject to appropriate confidentiality and data protection obligations.
The Service may link to or integrate with third party content, software, or services ("Third Party Materials"). Third Party Materials are provided "as-is" and FusionSuite makes no representations or warranties regarding them. FusionSuite is not responsible for the availability, accuracy, or practices of any third party. You should review the applicable terms and privacy policies before using any Third Party Materials.
FusionSuite and its licensors retain all rights, title, and interest in and to the Service, including all updates, improvements, and derivative works. You irrevocably assign to FusionSuite any feedback, suggestions, or ideas you provide regarding the Service, without any obligation of compensation.
Residuals: FusionSuite may use general knowledge, concepts, and expertise acquired in the course of providing the Service for any purpose, including the development of new features and services.
"End User Data" means any content, data, or information you submit, upload, or otherwise provide through the Service. You represent and warrant that your End User Data is lawful, accurate, and that you have all rights necessary to provide it to FusionSuite.
You grant FusionSuite a non-exclusive, worldwide license to use, process, and store your End User Data solely to provide and improve the Service in accordance with these Terms and our Privacy Policy. FusionSuite may use aggregated, de-identified data derived from End User Data for legitimate business purposes, including analytics and product improvement, provided such data cannot reasonably be used to identify you.
Residuals: FusionSuite may use general knowledge, concepts, and expertise acquired in the course of providing the Service for any purpose, including the development of new features and services.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY STATED IN THESE TERMS, FUSIONSUITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. FUSIONSUITE DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUSIONSUITE'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO FUSIONSUITE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) USD $500.
FUSIONSUITE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF FUSIONSUITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitations of liability set out in this section reflect a reasonable allocation of risk between the parties and are a fundamental element of the basis of the bargain between you and FusionSuite. FusionSuite would not be able to provide the Service on an economically viable basis without these limitations.
You agree to indemnify, defend, and hold harmless FusionSuite and its officers, directors, employees, agents, and licensors from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
You agree to notify FusionSuite immediately at support@fusionsuite.io. upon becoming aware of any unauthorized access to or use of your account or the Service. FusionSuite retains sole discretion over the investigation and enforcement of any such incidents.
These Terms commence on the date you register for or first access the Service and remain in effect until terminated in accordance with this Section or upon expiration of your applicable Entity Agreement.
Upon termination, all licenses granted to you under these Terms will immediately cease. FusionSuite will handle your End User Data following termination in accordance with our Privacy Policy and any applicable Data Processing Addendum. The provisions of these Terms that by their nature should survive termination, including confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, and general provisions, will continue to apply.
The Service is subject to the export control and sanctions laws of the United States, Australia, and other applicable jurisdictions. You agree not to access or use the Service from any embargoed or sanctioned country, and you represent that you are not a prohibited party under applicable export control laws.
The relationship between you and FusionSuite is that of independent contractors. Nothing in these Terms creates or implies any agency, partnership, joint venture, or employment relationship between the parties.
Neither party will be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure results from circumstances beyond its reasonable control, including natural disasters, acts of government, internet or telecommunications failures, or other events of force majeure.
These terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under or related to these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California. Notwithstanding the foregoing, FusionSuite may seek injunctive or other equitable relief in any court of competent jurisdiction.
You may not assign or transfer these Terms or any rights or obligations hereunder without FusionSuite's prior written consent. FusionSuite may assign these Terms, in whole or in part, without restriction. Any purported assignment in violation of this Section is void.
Notices to FusionSuite should be sent to:
Australian Networks Pty Ltd 5/61 Buckingham Drive, Wangara WA 6065.
Australia Email: support@fusionsuite.io
Notices to you will be delivered via the email address associated with your account or through an in-Service notification.
These Terms, together with the Privacy Policy and any applicable Entity Agreement or Data Processing Addendum, constitute the entire agreement between you and FusionSuite with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings.
No waiver of any provision of these Terms will be effective unless made in writing and signed by an authorized representative of FusionSuite. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.