Term of Use - EMI3.io (as of May 1 2023)
1. Subscription License: EMI3 and the applications within are licensed on a concurrent or a total user subscription basis. This means that you may use the application with the number of concurrent or total users specified in your subscription plan. Your subscription is non-transferable and non-refundable. You may not share your subscription with any third party, including but not limited to other companies or individuals. If you require additional concurrent or total users, you must upgrade your subscription plan with Equipment Management International P/L.
2. User Conduct: You are solely responsible for your conduct while using EMI3 and Applications within. You agree not to use EMI3 and Applications within for any unlawful or abusive purpose. You may not transmit or upload any material that is unlawful, defamatory, harassing, obscene, pornographic, or otherwise objectionable. You may not use EMI3 and Applications within to send spam, unsolicited emails, or other communications.
3. User Accounts: In order to access EMI3 and applications within, you must create a user account. You agree to provide accurate and complete information when creating your user account. You are responsible for maintaining the confidentiality of your account login information and for any activity that occurs under your account. You may not share your account login information with any third party.
4. Intellectual Property: EMI3 and applications within and all of its content, including but not limited to text, graphics, logos, images, and software, are the property of Equipment Management International P/L or its licensors and are protected by copyright, trademark, and other intellectual property laws. However, any content added or edited by clients, or their representatives shall remain the intellectual property of the respective client or representative.
5. Limitation of Liability: Equipment Management International P/L and its officers, directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of EMI3 and applications within, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if Equipment Management International P/L has been advised of the possibility of such damages.
6. Indemnification: You agree to indemnify and hold Equipment Management International P/L and its officers, directors, employees, agents, and affiliates harmless from any and all claims, damages, expenses, and liabilities, including attorneys' fees, arising from your use of EMI3 and applications within or your breach of these Terms of Use.
7. Modifications: Equipment Management International P/L reserves the right to modify these Terms of Use at any time. Your continued use of EMI3 and applications within after such modifications shall constitute your acceptance of the modified Terms of Use.
8. Termination: Equipment Management International P/L may terminate your access to EMI3 and applications within at any time, with or without cause, without notice, and without liability to you.
9. Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of Tasmania, Australia, without giving effect to any principles of conflicts of law.
10. Entire Agreement: These Terms of Use constitute the entire agreement between you and Equipment Management International P/L with respect to your use of EMI3 and applications within, and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Equipment Management International P/L with respect to EMI3 and applications within.