Terms of Use
These Terms of Use ("Terms") govern your access to and use of Retentable's website and services (the "Service"). Please read these Terms carefully before accessing or using the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of these Terms, then you may not access the Service.
1. Use of Service
1.1 Eligibility: You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years old.
1.2 License: Subject to these Terms, Retentable grants you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your personal or internal business purposes.
1.3 Prohibited Conduct: You agree not to:
(a) Use the Service for any illegal purpose or in violation of any applicable laws;
(b) Use the Service to distribute spam, malware, or any other malicious content;
(c) Interfere with or disrupt the integrity or performance of the Service;
(d) Attempt to gain unauthorized access to the Service or its related systems or networks;
(e) Modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service's source code;
(f) Resell or sublicense the Service or any part of it without prior written consent from Retentable;
(g) Refrain from engaging in any abusive behavior, including but not limited to bullying, harassment, or other forms of mistreatment, towards customers or employees of Retentable;
(h) Attempt to decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service.
2. Intellectual Property
2.1 Ownership: Retentable retains all right, title, and interest in and to the Service, including all intellectual property rights.
2.2 Feedback: If you provide any feedback, suggestions, or ideas regarding the Service ("Feedback"), you hereby grant Retentable a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to use, modify, adapt, publish, distribute, and incorporate such Feedback into the Service or any other products or services without any obligation to compensate you.
3. Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and disclose information about you.
4. Billing
4.1 No Refunds: All payments are non-refundable. Retentable does not provide refunds or credits for any partial subscription periods or unused services.
4.2 Cancellation: Customers may cancel their subscription at any time, but the service will remain active until the end of the current billing cycle.
4.3 Payment Method: By subscribing to the Service, you agree to provide Retentable with valid and updated payment information. You authorize Retentable to charge your payment method for the subscription fees and any applicable taxes.
4.4 Late Payment: Failure to make timely payments may result in the suspension or termination of your access to the Service. Retentable reserves the right to suspend or terminate accounts for late or non-payment.
5. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New Zealand.
6. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RETENTABLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. Limitation of Liability
IN NO EVENT SHALL RETENTABLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF RETENTABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification
You agree to indemnify and hold harmless Retentable and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of the Service or your violation of these Terms.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be exclusively resolved by the courts located in New Zealand.
10. Changes to Terms
Retentable reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
11. Contact Us
If you have any questions about these Terms, please contact us by clicking here.
Effective from: 21 Feb 2024