1 Terms of Use
Thanks for using YourLifeEA.
Please read these Terms carefully.
By using YourLifeEA or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and YourLifeEA (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms. YourLifeEA (“YourLifeEA,” “we,” or “us”) is an online platform (the “Service”) that allows you to manage your contacts, to create, send, and manage certain marketing campaigns, including, without limitation, emails, advertisements, and mailings (each a “Campaign,” and collectively, “Campaigns”), and to create and manage online stores, web pages and websites to reach your people and sell your things (each, a “Site,” and collectively, “Sites”) among other things. The Service is offered through our websites, including https://www.YourLifeEA.com (we’ll collectively refer to these as the “YourLifeEA Site,” and together with the Service, the “Service”). YourLifeEA is an Australian Private company. YourLifeEA has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Client” according to this Agreement (or “you”).
These Terms of Use (“Terms”) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, which in addition to our Privacy Policy and Cookie Statement, describe how we’ll treat your account and the data we collect and process about you while you’re a Client.
If you don’t agree to these Terms, you must immediately discontinue your use of the Service.
2 Account
2.1 Eligibility
In order to use the Service, you must:
– be at least eighteen (18) years old and able to enter into contracts;
– complete the account registration process;
– agree to these Terms; and
– provide true, complete, and up-to-date contact and billing information.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws.
YourLifeEA may refuse service, close accounts of any Clients, and change eligibility requirements at any time.
2.2 Term
When you sign up for an account and agree to these Terms, the Agreement between you and YourLifeEA is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a YourLifeEA account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
2.3 Closing Your Account
You or YourLifeEA may terminate the Agreement at any time and for any reason by terminating your YourLifeEA account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of any prepaid amounts for the Service. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, such as for a breach or violation of the Agreement. If your account is inactive for 24 or more months, we may terminate your account and you won’t be entitled to a refund for any prepaid amounts. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.
2.4 Changes
We may change any of the Terms by posting revised Terms on our YourLifeEA Site. Unless you terminate your account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Service. We may change the Service at any time, and we may discontinue the Service at any time.
2.5 Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that YourLifeEA is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorised that activity. You’ll immediately notify us of any unauthoried access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate. We may contact you, or any seat, authorised user, or login added to your account, based on the information provided in your account.
2.6 Account Disputes
We don’t know the inner workings of your organisation or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of YourLifeEA.
When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.
3 Payment
3.1 Monthly Plans
When you sign up for a Paid Monthly Subscription Plan (“Monthly Plan”), you agree to monthly recurring billing, starting on the date you sign up. Billing occurs on the same day each month, based on the date that you first started paying for any recurring monthly plan. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you exceed your self-selected usage limits for your Monthly Plan, then you’ll have to pay additional charges for the prior billing cycle on or before the next Pay Date, even if the Term ends. Billing for Monthly Plans may be paused, and you may choose to close your account permanently at any time.
You will always have the option to upgrade to a higher Monthly Plan at any time. If you upgrade during a billing cycle, your monthly charge for that billing cycle will be calculated based on the number of days in that billing cycle during which you were at each of the lowerMonthly Plan and the higherMonthly Plan (including any applicable additional charges for the higherMonthly Plan). You will also have the option to downgrade to a lowerMonthly Plan at any time, but if you elect to downgrade during a billing cycle, your downgrade will not be effective until the end of that billing cycle, and you will still be charged for that entire billing cycle at the higherMonthly Plan (including any applicable additional charges for the higherMonthly Plan).
3.2 Cancellation
If you wish to cancel your Monthly Plan, you may do so within your YourLifeEA account, and cancellation will be effective on the last date of the current billing cycle for which you have paid. You agree to make all payments owed for in accordance with these Terms.
3.3 Debit and Credit Cards
As long as you’re a Client with a Monthly Plan or have an outstanding balance with us, you’ll provide us with valid debit or credit card (“card”) information and authorise us to deduct your charges against that card. You’ll replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorised to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorised to use that card, and that any and all charges may be billed to that card and won’t be rejected. If we’re unable to process your card order for any reason, we’ll try to contact you by email and may suspend your account until your payment can be processed.
3.4 Refunds
We’ll give you a refund for a prorated portion of any prepaid amounts for the Service (if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund or credit from us under any other circumstances. We may, at our sole discretion, offer a refund, discount or credit.
3.5 Billing Changes
We may change any of our fees, including our charges for Monthly Plans, at any time by posting a new pricing structure to our YourLifeEA Site or in your account and/or sending you a notification by email.
4 Rights
4.1 Feedback and Rights
We own all rights in the Service and YourLifeEA Site, including, but not limited to, patents, trademarks, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service and YourLifeEA Site, and you must only use our branding with our written consent.
You will retain all right, title, and interest in and to the material, content, data, and information (including your personal information and the personal information of others) you submit to YourLifeEA in the course of using the Service or which YourLifeEA otherwise retrieves or accesses at your direction or with your permission (collectively, your “Content”). Subject to these Terms, you grant us permission to use or disclose your Content (including any personal information therein) only as necessary to provide the Service to you and/or as otherwise permitted by these Terms. You represent and warrant that:
(i) you own or have otherwise obtained all necessary rights, releases, and permissions to submit all your Content to the Service and to grant the rights granted to us in these Terms and
(ii) your Content and its submission and use as you authorise in these Terms will not violate
(1) any applicable law,
(2) any third-party intellectual property, privacy, publicity, or other rights, or
(3) any of your or third-party policies or terms governing your Content.
You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then you grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.
5 Rules and Abuse
5.1 General Rules
By agreeing to these Terms, you promise to follow these rules:
You won’t send spam!
You won’t use purchased, rented, or third-party lists of email addresses.
You may not use the Service for any unlawful or discriminatory activities.
YourLifeEA doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign, create or manage a Site, or otherwise distribute any Content that we determine, in our sole discretion, contains a threat of physical harm or hateful content.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either a person or organisation that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor hateful content or threat of physical harm or
If you violate any of these rules, then we may issue a warning to, suspend, or terminate your account.
5.2 Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a YourLifeEA Client, please report it to [email protected].
5.3 Compliance with Laws
You represent and warrant that your use of the Service will comply with all applicable laws. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any or other applicable laws.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this section.
6 Liability
6.1 Limitation of Liability
To the maximum extent permitted by law, you acknowledge and agree that
(i) you assume full responsibility for any loss that results from your use of the Service;
(ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence; and
(iii) in any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.
For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.
6.2 No Warranties
To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement.
6.3 Indemnity
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from
(i) your Content,
(ii) your use of the Service,
(iii) your violation of any laws or regulations,
(iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms,
(v) any misrepresentations made by you, or
(vi) a breach of any representations or warranties you’ve made to us.
7 Miscellaneous
7.1 Governing Law
The Australian Capital Territory’s laws will apply to any dispute related to the Agreement or the Service. You acknowledge and agree that any dispute related to the Agreement or the Service itself will be decided by the courts in Australian Capital Territory.
7.2 Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
7.3 Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Feedback and Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Governing Law, Severability, and Entire Agreement.
7.4 Severability
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
7.5 Interpretation
The headers are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
7.6 Waiver
If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
7.7 Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
7.8 Notification of Security Incident
If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of YourLifeEA for such incident.
7.9 Notices
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our YourLifeEA Site. Please note that, for purposes of providing notice, we may use any email or physical address within your account, including contact information associated with an account’s primary contact, billing contact, owner profile, or any other profile or seat associated with the account. Any notice to us will be effective when delivered to us at PO Box 223, Curtin ACT 2605, Australia or any addresses as we may later post on the YourLifeEA Site.
7.10 Entire Agreement
These Terms you’ve agreed to make up the entire agreement between us and supersede all prior agreements, representations, and understandings.
