Legal

License Agreement

Last updated: January 2025

IMPORTANT — READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS SAAS SERVICE. BY ACCESSING OR USING THIS SAAS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY CEASE ACCESSING OR USING THE SERVICE. A VALID SUBSCRIPTION IS REQUIRED FOR USE OF THE SERVICE.

1. Definitions

In this License Agreement, the following terms shall have the meanings set forth below:

  • "Service" means the cloud-based software program known as "Sticky Guest" provided by iMagic Pty Ltd as a service accessible via the internet, including any updates, modifications, or enhancements.
  • "Documentation" means the User Guide and any other materials accompanying the Service.
  • "You" or "User" means the individual or entity entering into this Agreement.
  • "Subscription Fee" means the recurring fee paid by You for the subscription to access and use the Service.
  • "Customer Data" means any data, information, or content uploaded, input, or generated by You or on Your behalf through the Service.

Capitalised terms used but not defined herein shall have their ordinary meanings.

2. Acknowledgment

By accessing or using the Service, You confirm that You have read, understood, and agree to be bound by this License Agreement. The Service is licensed, not sold, to You for use strictly in accordance with the terms herein.

3. Grant of License for Subscribers

iMagic Pty Ltd grants You a non-exclusive, non-transferable, limited license to access and use the Service, including any Documentation, remotely via the internet, to support up to the number of simultaneous users specified in Your subscription plan. The Service and Documentation shall be used only by You, only for Your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity. You are responsible for maintaining the confidentiality of Your login credentials and for all activities that occur under Your account.

4. Ownership

You have no ownership rights in the Service. Rather, You have a limited license to access and use the Service as long as this License Agreement and Your subscription remain in full force and effect. Ownership of the Service, Documentation, and all intellectual property rights therein shall remain at all times with iMagic Pty Ltd. Any other use of the Service by any person, business, corporation, government organisation, or any other entity is strictly forbidden and is a violation of this License Agreement. You retain all ownership rights in Your Customer Data.

The Service and Documentation contain material that is protected by Australian Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to You herein are expressly reserved by iMagic Pty Ltd. You may not remove any proprietary notice of iMagic Pty Ltd from any copy of the Documentation.

6. Restrictions

You may not:

  • Publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Service or any part thereof.
  • Reverse engineer, decompile, translate, adapt, or disassemble the Service, nor attempt to create the source code from any aspect of the Service.
  • Scrape, spider, or otherwise extract data systematically from the Service.
  • Interfere with or disrupt the Service or servers or networks connected to the Service.

Your access is subject to compliance with all terms of this Agreement at all times.

7. Fair Use Policy and Acceptable Use

Your use of the Service is subject to this Fair Use Policy to ensure fair and equitable access for all users. Examples of excessive or prohibited use include, but are not limited to, automated scripting that overloads the system, data mining beyond normal business needs, or usage that impairs the performance of the Service for its intended functions.

You agree not to use the Service for any unlawful purpose or in violation of any applicable laws. iMagic Pty Ltd reserves the right to monitor usage patterns and, at its sole discretion, determine if Your usage violates this policy. If Your usage is deemed excessive or in violation, iMagic Pty Ltd may: (i) require You to upgrade Your subscription; (ii) impose additional fees; (iii) throttle or restrict Your access to the Service; or (iv) suspend or terminate Your account without prior notice.

8. Subscription and Payment

All payments are processed by and made to iMagic Pty Ltd. Payments are due within 14 days of invoice date. Overdue payments accrue interest at 1.5% per month. iMagic Pty Ltd may increase Subscription Fees upon renewal by providing 30 days' notice. All fees are exclusive of applicable taxes, which You are responsible for paying.

Free Trial: We strongly encourage all users to take advantage of our free trial before purchasing a paid subscription plan, so You can fully evaluate the Service before making a financial commitment.

Cancellation: You may cancel Your subscription at any time. You will continue to have access to the Service until the end of Your current billing period. No partial refunds will be provided for early cancellation.

9. Limited Warranty

iMagic Pty Ltd warrants that the Service will substantially conform to the Documentation for the subscription term. Should the Service not so conform, Your exclusive remedy, and iMagic Pty Ltd's sole obligation, shall be, at iMagic Pty Ltd's discretion, correction of the defect or a pro-rata refund of prepaid Subscription Fees.

Any use by You of the Service is at Your own risk. This limited warranty is the only warranty provided by iMagic Pty Ltd. Except for the limited warranty above, the Service is provided "AS IS." To the maximum extent permitted by law, iMagic Pty Ltd disclaims all other warranties of any kind, either expressed or implied, including implied warranties of merchantability and fitness for a particular purpose. iMagic Pty Ltd does not warrant that the Service will meet Your requirements, operate error-free, or be uninterrupted, or that defects will be corrected, or that the Service is compatible with any platform. Some jurisdictions do not allow the waiver or exclusion of implied warranties, so they may not apply to You.

10. Limitation of Liability

IN NO EVENT WILL iMagic Pty Ltd BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF iMagic Pty Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL iMagic Pty Ltd'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO iMagic Pty Ltd IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

11. Updates to Service

iMagic Pty Ltd reserves the right to modify, update, or discontinue the Service at any time without prior notice. Updates may be provided to enhance functionality, fix defects, or comply with legal requirements. Your continued use of the Service after any such modifications constitutes Your acceptance of the changes. If You do not agree to the modifications, You must cease using the Service.

12. Third-Party Services

The Service may display, include, or make available third-party content or provide links to third-party websites or services. iMagic Pty Ltd is not responsible for such third-party services or content, and Your access to them is at Your own risk and subject to the terms and conditions of those third parties.

13. Termination

This License Agreement is effective until terminated. Your rights under this Agreement will terminate automatically, without notice from iMagic Pty Ltd, if You fail to comply with any term of this Agreement or Your subscription lapses. iMagic Pty Ltd may also terminate or suspend Your access at any time for violation of this Agreement or the Fair Use Policy. Upon termination of this Agreement, You shall cease all use of the Service. You are responsible for exporting Your Customer Data before termination; iMagic Pty Ltd is not obligated to retain Customer Data after the subscription ends.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Australia and the State of Victoria. Any dispute arising out of or in connection with this Agreement that cannot be resolved by good-faith negotiation shall be subject to the exclusive jurisdiction of the courts of Australia and the State of Victoria. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect. This Agreement constitutes the entire agreement between You and iMagic Pty Ltd with respect to the Service and supersedes all prior or contemporaneous understandings.

15. Privacy Policy

Your use of Sticky Guest is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, You consent to the collection and use of information as described in the Privacy Policy.

16. Contact Us

If you have any questions about this License Agreement, please reach out via our contact page or email us at care@stickyguest.com.