Terms of Service

1. About

These Terms of Service (Terms) govern how you may access and use the website and online software available via our domain prenario.com (Products).

You need to comply with these Terms to access and use our Products.

By accessing or using our Products you accept these Terms and a binding agreement is created between us and you incorporating these Terms.

2. User Accounts

To access and use some of our Products (Account Products) you will first need to open a user account with us (User Account).

You can open a User Account via the sign up process on our website. You must provide complete and accurate information when opening your User Account and you must keep your User Account details up-to-date.

You must keep the login details for your User Account secret and secure. You are solely responsible for the user activity that occurs in relation to your User Account. You should notify us immediately if you become aware of any suspected or actual breach of security or unauthorized use of your User Account.

Your User Account is personal to you and you must not transfer your User Account to anyone else.

3. Account Products

To access and use our Account Products, you will need to pay us the subscription fees we specify from time to time on our website (except during any free trial periods we offer you). Subscription fees are due and payable at the start of the relevant monthly or annual subscription period.  

You may cancel your subscriptions to our Account Products at any time. If you do, we may limit or suspend your access to the applicable Account Products when your current subscription period ends. We do not offer refunds for subscription fees for change of mind subscription cancellations.

You will not be able to access or use our Account Products if your User Account is suspended or cancelled.

4. Your Content

Some features in our Products may allow you to create, upload, publish, submit or transmit content such as text and images (Your Content). You retain ownership of any rights you hold in Your Content.

You grant us a non-exclusive royalty-free licence to use Your Content for internal purposes relating to our Products, including testing, developing and creating new features for our Products.

You warrant to us that you are authorized to grant us a licence for Your Content and that our use of Your Content will not infringe the intellectual property rights of any third party.

We may delete or disable access to Your Content if it doesn't comply with these Terms or if your User Account is cancelled or suspended, and we won't be liable to you if that happens.

5. Our IP

All intellectual property rights in our Products (including all copyright and trademark and patent rights), are owned exclusively by us and our nominated third party licensors (Our IP).

We don't transfer any of Our IP to you or to any other person under these Terms, or as a result of you using our Products.

We grant you a limited non-exclusive personal licence to use Our IP to the extent necessary to enable you to access and use our Products in accordance with these Terms. You must not otherwise use Our IP in any way. Your licence ends if your User Account is cancelled or suspended.

6. Privacy and data

Our Privacy Policy explains how we collect, use, disclose, store and grant access to personal information. By accepting these Terms, you provide consent for us to deal with your personal information in accordance with our Privacy Policy.

We may create aggregated anonymized data sets of user activity in relation to our website, and you agree such data sets are exclusively owned by us.

7. General restrictions

You must not do or attempt, or assist or permit anyone else to do or attempt, any of the following:

  • access or use our Products in a manner that is unlawful or illegal;
  • access or use our Products in a manner that is prohibited under these Terms;
  • use any automated system, software or technology (including robots, spiders, crawlers or scrapers) to access or extract data from our Products for any commercial purposes;
  • use our Products to defame, harass, threaten or menace any person;
  • use our Products in a manner that infringes any intellectual property rights of any person, including posting, uploading, publishing, submitting or transmitting any content without the permission of the owner of that content;
  • interfere with anyone's access to or use of our Products;
  • publicly disparage us or bring our name into disrepute;
  • tamper with or modify our Products or knowingly transmit any virus or other harmful code that may damage or interfere with our Products.

8. Account suspension and cancellation

Your User Account will continue to stay open unless it is suspended or cancelled in accordance with these Terms.

You can cancel your User Account at any time by contacting us at support@prenario.com. We will do our best to promptly cancel your account after receiving notification from you.

We may suspend or cancel your User Account at any time with or without notice if you fail to comply with  these Terms. If we suspend (rather than cancel) your User Account and ask you to rectify your non-compliance, we may cancel your account if you don't rectify your non-compliance within the time we specify.

The suspension or cancellation of your User Account will not result in termination of your obligations under these Terms which will continue to operate in full force and effect.

9. Notices

We may give any notices permitted or required under these Terms by sending an email to the email address associated with your User Account. We are not required to give notices by any other means, unless required by law to do so.

10. Liability

To the full extent permitted by law, we do not make any warranties to you whatsoever in relation to our Products.

To the full extent permitted by law, we will not be liable to you for any loss (including direct, indirect or consequential loss) or costs suffered or incurred by you in relation to your access or use of our Products, including in relation to any failure or technical issues that limit or prevent your access or use.

To the full extent permitted by law, and despite the security measures we employ, we will not be liable to you for any loss (including direct, indirect or consequential loss) or costs suffered or incurred by you as a result of any unauthorized access to or use of your User Account or Your Content by any third party.

You indemnify us and our officers, employees, agents and affiliated companies against any losses and costs (including legal costs on an indemnity basis) any of them may suffer or incur in relation to any third party claims against us that Your Content infringes the rights (including intellectual property rights) of any person or constitutes any other form of unlawful conduct.

11. General legal terms

Any failure by us to exercise, delay in us exercising or partial exercising of any power, right or remedy under these Terms does not constitute a waiver.

Any provision of these Terms may be (a) read down to the minimum extent necessary to achieve its validity, if applicable; and (b) severed from these Terms in any other case, without invalidating or affecting the remaining provisions of these Terms.

You must not assign or novate your rights or obligations under these Terms. We may assign and novate our rights and obligations under these Terms to any third party at any time.

These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria, Australia in relation to any matters or disputes arising out of or in relation to these Terms.

We may vary these Terms and our Products from time to time with or without notice to you. You should check our website for the most up-to-date Terms and information about our Products.

In these Terms, the words "we", "us" and "our" means Prenario Pty Ltd (ABN 71 631 164 666).