Important information on using Seenly
Seenly Service Overview
General Payment Terms
Ownership; Proprietary Rights
Third Party Terms
Modification of these Terms
Term, Termination and Modification of the Service
Disclaimers; No Warranties
Limitation of Liability
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The following is a collection of information and resources to help answer any questions you have about your experience with Seenly. We’re grateful for your interest and proud to have you as a part of our community!
Last updated: June 17, 2021
Welcome, and thank you for your interest in STAGGER PTY LTD (“Seenly,” “we,” or “us”) and our website at Seenly.io, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Seenly regarding your use of the Service.
The Service provides a social media management tool that enables users to release posts on social platforms at a scheduled time, in addition to other design and analytics tools to help bolster users’ social media content.
You must be at least  years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least  years old; and (b) you have not previously been suspended or removed from the Service.
3. Accounts and Registration
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at email@example.com.
Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
Seenly reserves the right to determine pricing for the Service. We encourage you to check our website periodically for current pricing information, located here: https://seenly.io/pricing. Seenly may change the fees for any feature of the Service, including additional fees or charges, if Seenly gives you advance notice of changes before they apply. Seenly, at its sole discretion, may make promotional offers with different features and different pricing to any of Seenly’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
You authorize Seenly to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Seenly, to the payment method specified in your account. If you pay any fees with a credit card, Seenly may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3 Subscription Service and Cancellation Policy
The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Seenly to periodically charge, and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings at: https://app.seenly.io/subscriptions and clicking on the “Cancel Plan” option or by contacting us at: firstname.lastname@example.org.
4.4 Delinquent Accounts
Seenly may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
4.1 Permission to Use
Subject to your complete and ongoing compliance with these Terms, Seenly grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable Fees.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Seenly an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
The Service is owned and operated by Seenly. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service (“Materials”) provided by Seenly are protected by intellectual property and other laws. All Materials included in the Service are the property of Seenly or its third party licensors. Except as expressly authorized by Seenly, you may not make use of the Materials. Seenly reserves all rights to the Materials not granted expressly in these Terms.
6.1 Third Party Services and Linked Websites
Seenly provides tools through the Service that enable you to import and export information, including User Content, to and from third party services, including through features that allow you to link your account on Seenly with an account on a third party social network service, such as Twitter or Facebook. By using one of these tools, you agree that Seenly may transfer that information to and from the applicable third party service. Third party services are not under Seenly’s control, and Seenly is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Seenly’s control, and Seenly is not responsible for their content.
6.2 Third Party Software
The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
7.1 User Content Generally
Certain features of the Service may permit users to upload content to the Service, including social media posts and other content which may be made up of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service.
7.2 Limited License Grant to Seenly
By providing User Content to or via the Service, you grant Seenly a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, reproduce, modify for the purpose of formatting for display, and distribute your User Content.
7.3 Limited License Grant to Other Users
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
7.4 User Content Representations and Warranties
Seenly disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
We reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable.
7.5 User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Seenly does not permit copyright-infringing activities on the Service.
7.6 Monitoring Content
BY USING THE SERVICE YOU AGREE NOT TO:
9.1 Infringement Notification
If you have an intellectual property rights-related complaint about material posted on the Service, you may contact us at email@example.com.
Please include the following information:
9.2 Repeat Infringers
It is Seenly’s policy to promptly terminate the accounts of users that are determined by Seenly to be repeat infringers.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
These Terms are effective beginning when you accept the Terms or first use the Service, and ending when terminated as described in Section 12.2.
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Seenly may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time as provided in Section 4.3 or by contacting customer service at firstname.lastname@example.org.
11.3 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Seenly any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 4.3, 5, 11.3, 12, 13, 14 and 15 will survive.
11.4 Modification of the Service
Seenly reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Seenly will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. Premium service fees are not refundable.
You are responsible for your use of the Service, and you will defend and indemnify Seenly and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Seenly Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including legal costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party.
The service and all materials and content available through the service are provided “as is” and on an “as available” basis. seenly disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. seenly does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and seenly does not warrant that any of those issues will be corrected.
No advice or information, whether oral or written, obtained by you from the service or seenly entities or any materials or content available through the service will create any warranty regarding any of the seenly entities or the service that is not expressly stated in these terms. we are not responsible for any damage that may result from the service and your dealing with any other service user. you understand and agree that you use any portion of the service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content.
However, seenly does not disclaim any warranty or other right that seenly is prohibited from disclaiming under applicable law.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SEENLY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SEENLY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 16.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SEENLY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO SEENLY FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17.1 Consent to Electronic Communications
17.2 Contact Information
The Service is offered by STAGGER PTY LTD. located at PO BOX 106, MAYLANDS, 6931, WA, AUSTRALIA. You may contact us by sending correspondence to that address or by emailing us at email@example.com. You can access a copy of these Terms by clicking here: seenly.io/terms