End User License Agreement
Loaded Reports Limited (Loaded) grants to you, the client named in the Registration Form (you or your), a non-exclusive, non-transferable licence to you to access and use Loaded’s software (the Software) on the following terms (these Terms).
1) Definitions
Charges means the sums to be paid for the Licence and the Services and any other charges set out in the Registration Form;
Client Data means all data you make available to Loaded or submitted by you through use of the Software;
Documentation means operating or user manuals and associated materials provided by Loaded in respect of the Software;
Intellectual Property Rights means any patent, trademark, service mark, copyright, moral rights, right in a design, know-how, confidential information and all or any other intellectual or industrial property rights;
Normal Business Hours means 8.30am to 5pm, Monday to Friday other than public holidays in Auckland;
Services means the hosting, support and other services set out on the Website;
Software means the Loaded software, as updated by any subsequent release, but excludes any third-party software;
Website means the website from which Loaded makes the Software available.
2) Term and Access
2.1 Your right to access and use the Software commences on the date that Loaded first gives you access to the Software and will continue until terminated in accordance with these Terms.
2.2 Loaded will provide you with an initial login name and password to enable you to access the Software.
2.3 You must use the Software in accordance with the operating procedures set out in the “Help” section of the Software.
3) Your obligations
3.1 You must:
a) not circumvent or disable the Software;
b) not copy, adapt or modify the Software except as expressly permitted by these Terms;
c) not decompile or reverse engineer the Software;
d) not develop any product that would compete with the Software;
e) not copy any Documentation, except for your own back-up purposes;
f) not undermine the security and integrity of Loaded ’s systems;
g) not impair the functionality of the Software or any other user’s ability to use the Software;
h) keep confidential the login details assigned to you.
3.2 You will:
a) use the Software at your own risk;
b) be responsible for your internet connection, device configuration and implementation of the Software;
c) be responsible for determining that the Software meets your needs;
d) provide Loaded with information and access so that Loaded can perform the Services.
4) Loaded Services
4.1 Loaded will use reasonable commercial endeavours to make the Software available 24 hours a day except for maintenance windows outside Normal Business Hours. Loaded will, where possible, give you advance notice of any maintenance activity.
5) Charges and payment
5.1 Loaded will submit invoices to you on the basis of the subscription you have selected.
5.2 You will pay each invoice on the date specified in the invoice, without set-off or deduction.
5.3 Invoices are charged in advance on a monthly or annual basis and are non-refundable, including if you only use part of a month or year’s subscription for the Loaded Services. If you do not want your subscription to renew at the end of your then-current paid-up subscription period, you must cancel your account before the end of your then-current paid-up subscription period. Unless required by law, we will not provide refunds in connection with the Loaded Services.
5.4 If you fail to pay an invoice on its due date, Loaded may suspend your use of the Software and may charge you interest at 1% per month on the unpaid invoice.
6) Intellectual Property Rights and Client Data
6.1 You own all Intellectual Property Rights in the Client Data. You must have all the necessary rights to provide the Client Data to Loaded or to transmit it through, or upload it onto, the Software. You grant to Loaded a royalty-free, fully paid, non-exclusive, sub-licensable, worldwide right and licence to use, reproduce, process, transfer and store Client Data solely for the purpose of Loaded performing its obligations under these Terms. In the supply of the Software and performance of the Service, you expressly authorise Loaded to collect statistics and other quantitative data derived from your use of the Software (Aggregate Data), provided that the Aggregate Data is anonymised and aggregated. Loaded will retain all right, title and interest in and to the Aggregate Data, and is free to exercise its rights in and to the Aggregate Data for any purpose.
6.2 Loaded owns all Intellectual Property Rights in the Software and the Documentation.
6.3 You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership of and right to use all Client Data. Loaded will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Client Data.
6.4 Loaded will store and use Client Data in accordance with Loaded’s Privacy Policy, which can be viewed at the Website.
7) Liability
7.1 The Software is provided on an “AS IS” basis without warranty of any kind. Loaded does warrant that the functions in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. The risk as to the quality and performance of the Software is with you
7.2 All representations or warranties (statutory, express or implied) except any that may not be lawfully excluded, are expressly excluded.
7.3 In no circumstances will Loaded will be liable for any loss of profits or for any consequential, special, indirect or incidental loss or damages, however caused, arising out of your use of the Software.
8) Termination
8.1 You may terminate your use of the Software at any time by notifying Loaded by email. Your subscription will remain active until the end of your subscription period.
8.2 Loaded party may terminate your use of the Software by giving you 30 days’ written notice.
8.3 Loaded may terminate your use of the Software immediately on giving you written notice if you become insolvent or breach these Terms and fail to remedy the breach within 14 days’ notice of the br /each.
8.4 Clauses 6 and 7 will survive termination of your use of the Software.
9) Miscellaneous
9.1 You may not assign, transfer or sub-license any of your rights under these Terms without Loaded ’s prior written consent. A change in the legal or beneficial ownership or control of your entity will be deemed to be an assignment.
9.2 Loaded may amend these Terms (including the Charges) on posting the new terms on the Website. You continued use of the Software will constitute acceptance of the amended Terms.
Loaded Reports Limited Last updated May 17th 2022