These Terms of Service (“Terms”) govern your use of our services. Our services include our websites, email & SMS notifications, applications, APIs, and gifts (collectively, “Services”). They also govern information uploaded to, downloaded from, or appearing on these Services. Information including text, images, audio, video, or backups thereof (collectively, “Content”). In using our Services, you agree to these Terms.

The Polylude “User Agreement” comprises these Terms, our Privacy Policy, and all incorporated policies.

The terms “Polylude”, “we”, “us” and “our” are a reference to Polylude Limited.

1. Your use of these Services

You must be at least 13 years old, and not be legally barred from receiving these Services in your jurisdiction. You (or, if under the age of 18, your parent or legal guardian) must also agree to enter a binding contract with Polylude.

2. Privacy

Our Privacy Policy governs the collection, use and disclosure of your personal information by Polylude. The Privacy Policy forms a part of these terms and conditions.

3. Content

Any Content you originate must comply with applicable laws. You should only publish Content which you are comfortable sharing.

Referencing any Content or materials published via the Services or obtained by you through the Services is at your own risk. Polylude is neutral towards and makes no representation as to the veracity, completeness or reliability of any Content stored or expressed via the Services.

By using the services, you confirm you understand that you may be exposed to Content you consider objectionable. All Content is the sole responsibility of those originating such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content.

From time to time the Services may include links to other websites. Those websites are not under our control and are not monitored by us. The links are provided for your convenience only. We do not endorse, and are not responsible for the content, validity, accuracy or your use of, those websites. The inclusion of any such links on this website does not imply any association with the organisations responsible for those sites. You should check the terms and conditions of use of those websites and any privacy policy before you use them as they may be different to those governing our Services.

While we reserve the right to remove any Content, in doing so we strive to implement our User Agreement fairly and transparently.

4. Usage

You are responsible for your use of the Services.

We retain, at our discretion and without liability to you, the right to change the Services and their features; cease the Services or features within the Services — temporarily or permanently — for you or all users; impose caps on your use and storage with the Services; terminate your account; and to reclaim usernames.

In using our Services, you agree not to misuse or interfere in their operation by accessing the Services — or their implementation and delivery in software and computer systems — contrary to the interfaces we publicly document and/or clearly expose in our websites or applications. You agree to not circumvent the standard behavior of the software provided to you as part of the Services, or to reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits.

While accessing or using the Services, you may not:

• access or tamper with the computer systems of Polylude or its service providers;
• probe, scan, or test for vulnerabilities of any of these computer systems, or circumvent any of their authentication, authorization or encryption measures;
• forge any — including HTTP, TCP/IP packet, or Email — header information used in the standard operation of the Services, or to use the Services to send altered, deceptive or false source-identifying information;
• impede the access of any user, host, or network by creating an undue burden on the Services, or disrupt (or attempt to do so) the Services’ operation in any way.

You agree not to use our Services to:

1. upload, post or otherwise transmit or disseminate any software, material, comment or information that is unlawful, tortious, obscene (including pornography and nudity for a prurient purpose), defamatory, or invasive of privacy or publicity rights;
2. incite or invite unlawful conduct, such as infringing legally-protected trademarks, unauthorized publication of legally-protected copyrighted material, confidential information, trade secrets, or proprietary information, and other such illicit acts, such as inciting violence or doxing others;
3. engage in stalking, such as misusing the platform to make others uncomfortable in their use of the platform through a pattern of continuous conduct, creating a reasonable fear in the other person for their personal safety or deterring a reasonable user from use of the Services in fear of such digital stalking;
4. solicit information from a person under the age of 18;
5. discriminate against others based on their legally protected status, such as attacking other users based on that user’s race, religion, or other legally protected status;
6. undertake any purpose that is unlawful or not permitted by these terms and conditions or contemplated within the ordinary use of this website;
7. interfere with the operation of this website via the use of viruses, programs or technology designed to disrupt or damage software or hardware;
8. employ a robot, spider or other process or device to harvest e-mail addresses or other information or to monitor activity on this website;
9. obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website; or
10. impersonate another person or entity.

We reserve the right to access, read, preserve, and disclose any information we reasonably believe is necessary to:

• respond to user support requests;
• investigate potential violations of and enforce our User Agreement;
• detect or protect against fraud, security, or technical issues;
• comply with any applicable legal process;
• protect the rights, property, or physical safety of Polylude or the general public.

Your Subscription

You may need to create an account and activate a subscription to use some Polylude Services. You are responsible for the security of your account and we cannot and will not be liable for any loss or damage from your failure to keep it secure.

Using the contact details you indicate in the course of creating an account, we may need to provide you with certain communications which you may not opt-out from receiving. If you later no longer receive messages at the addresses or phone numbers you indicate, you must update your account information to help us avoid communicating with anyone else acquiring those addresses or numbers.

Your License to Use the Services

Polylude gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. The sole purpose of this license is to enable you to use the Services as provided by Polylude in the manner permitted by these Terms.

The Services are protected by copyright and other laws of New Zealand and other countries. Nothing in the terms gives you a right to use the Polylude name or any of the Polylude logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Polylude and its licensors. Any feedback, comments, or suggestions you may provide regarding Polylude or the Services is entirely voluntary and we may use such feedback, comments or suggestions at our discretion.

Ending These Terms

We reserve the right to — at any time — suspend or terminate your account or cease providing you with all or part of the Services, if we reasonably believe:

• you have violated our User Agreement,
• you create risk or possible legal exposure for Polylude
• our provision of the Services to you is no longer commercially viable.

We will make reasonable efforts to notify you by the contact details associated with your account or the next time you attempt to access your account, depending on the circumstances.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that sections 2, 3, 5, and 6 shall continue to apply. So as to avoid doubt, these Terms survive the deactivation or termination of your account.

5. Limitations of Liability

You acknowledge and agree that:

1. to the maximum extent permitted at law but subject to the Consumer Guarantees Act 1993, any and all liability of Polylude and our trustees, officers and employees to you under or in connection with these terms and conditions, our Services or your use of our Services and its content is excluded;
2. the exclusion in paragraph (a) above applies regardless of whether liability arises in contract, tort (including negligence), equity or by statute, and whether such liability is for direct, indirect, consequential or punitive losses or damages, or loss of profit, income, data, business opportunity or anticipated savings;
3. Polylude expressly excludes any warranties as to the security of our Services, and will not be liable for any loss or damage caused by spyware, viruses, worms, trojan horses or other items of a destructive nature that may be transmitted to your computer by use of our Services;
4. Our Services will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes) and Polylude will have no liability if Services are unavailable at any point in time;
5. Polylude may, at any time and for any reason, make Services, or any part of the Services unavailable to you or any other person; and
6. all warranties, whether express or implied, as to the accuracy, currency, completeness, fitness for purpose or usefulness of the information contained in the Services are excluded to the extent permitted by law.

6. General

We may revise the terms of our User Agreement at any time, with changes coming into effect when documents comprising this User Agreement are posted to any of our websites, unless any of the amendments are substantial, in which case we will provide you with 2 weeks notice by emailing you.

Changed terms shall not apply retrospectively. The most recent version of the Terms will be found at docs.polylude.com/basics/tos. By continuing to access or use the Services after changes become effective, you agree to be bound by the revised User Agreement.

Should any provision of our User Agreement be held to be invalid or unenforceable, that provision will be severed from the remaining terms and conditions, which will continue in full force and effect. Failure to enforce any provision of the User Agreement will not be deemed a waiver of such provision.

These terms are an agreement between you and Polylude Limited (Company number 8575166). If you have any questions about these Terms, please contact us at tos@polylude.com.

7. Governing law

These terms, your use of the Services, any information contained on it, and any dispute arising out of such use of the Services are subject to the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to these terms and conditions, your use of the Services and any dispute arising out of such use of the Services.