Terms of Service
Thanks for using Feedsy.
By using Feedsy you agree to the following terms of service which you should read carefully.
1. Intellectual property
We and our licensors own all intellectual property in the Branded App and the Story Centre, including any updates, enhancements and new features we or our licensors may provide.
We give you a limited personal, non-assignable and non-exclusive licence to use the Branded App and the Story Centre and any other software provided to you by us in relation to the Branded App and the Story Centre. You may not copy, modify, distribute, sell or lease any part of our licensor’s or our intellectual property unless we inform you otherwise.
2. Distribution of our Content
We give you a limited personal, non assignable, non exclusive licence to use the Content that we provide you for the purposes of publishing, and distributing that Content via the Branded App. If the Content has been published or distributed on the Branded App, you and your Subscribers may re-send or re-distribute this Content using the sharing features contained on the Branding App. However, you must not post or distribute any Content in any other way.
3. Distribution of your own Content
You may add your own Content on the Story Centre to also be distributed via the Branded App. You are solely responsible for your own Content and the consequences of submitting, publishing and distributing your content on your Branded App from your Story Centre. This means that you should ensure that the downloading, copying and use of your content will not infringe the proprietary rights of any third party.
Your Subscriber may also be able to provide Content via comments or other similar feature via the Branded App. Again, you are responsible for your Subscriber’s comments and Content and so you should ensure their Content is appropriate and do not infringe other people’s rights.
You and your Subscribers will continue to own all intellectual property rights that you or your Subscribers own in any Content that you or your Subscribers publish or distribute via the Branded App. However, you grant us, and must ensure that your Subscribers grant us, a worldwide and royalty free licence to use, store, reproduce, communicate, publish, display or distribute such content in an anonymous manner. This continues even if you or your Subscribers no longer use the Branded App. We will only use this Content for the purposes of operating, promoting and improving our branded apps and developing other similar products. This means, for example, that we might use this information to compile information for use in marketing our products or to make improvements to our products.
Please make sure you, are legally able to grant us this licence and let us know if you are not.
4. Prohibited uses
You agree that you will only use the Branded App, the Story Centre and any Content for lawful purposes. You are responsible for anything you publish or distribute, using the Branded App. You warrant that anything you publish or distribute in the Story Centre or the Branded App does not and will not violate any law or infringe the rights of any third party.
We may remove from the Branded App and Story Centre or refuse to display anything that we think is inappropriate.
5. Changes to and breaches of these terms
We may change these terms of service at any time. Before changing the terms we will try to give you notice of such change by way of update, although again this may not always be possible.
If you do not comply with these terms, we may suspend or cancel the Branded App or your access to the Branded App or take action against you.
6. Security and integrity
You must not violate the security of the Branded App or Story Centre in any way. We may suspend or cancel the Branded App or your access to the Branded App if we suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity. Examples of security violations include:
- attempting to gain unauthorised access to any part of the Branded App;
- sending or storing any harmful code (including, for example, any computer virus, trojan, worm or other code that is harmful or disabling or which assists in or enables unauthorised access to or corruption of data); or
- using any feature of the Branded App, Story Centre or any other means to send commercial correspondence to any person except as allowed under these terms.
7. Information for personal, non commercial use only
You agree that information or material contained on your Branded App or Story Centre including any Content, is for your Subscribers’ personal use and enjoyment only and must not be sold, redistributed or used for any commercial or non personal purpose.
8. No financial or other advice
We make no representations or warranties in relation to any of the Content or information contained in the Story Centre or provided by us, and the provision of that Content or information by us is not an endorsement of that Content or information.
Any Content provided in the Branded App or Story Centre is provided for informational purposes only without any express or implied warranty of any kind. The Content is not intended to be and does not constitute financial advice or any other advice. The Content provided in the Branded App or Story Centre and provided from or through the Branded App or Story Centre is general in nature and is not specific to any individual. You must ensure that your Subscribers are aware of these limitations on the Content and ensure that your Subscribers do not make any decision whether financial or otherwise based on any content or any other information published or distributed through the Branded App or Story Centre without first obtaining their own professional advice.
You understand and must ensure that your Subscribers understand that any use or reliance on any Content published or distributed through the Branded App or Story Centre is at their own risk.
These terms of service commence on the date you subscribe and make payment for the Branded App and continue until three months after that date. These terms will expire after that period unless you agree to continue to use the Branded App in which case the terms will automatically renew upon you making payment for any further periods.
We may terminate these terms of service for any reason by notice to you. If we terminate these terms we will refund to you any amounts you have paid in advance for access to the Branded App that have not been realised. However, if we terminate these terms due to a breach by you will not receive any refund.
If these terms of service are terminated or expire you will no longer have access to the Branded App and the Story Centre.
You agree to indemnify us, defend us and hold us, our principals, employees and agents harmless from and against all claims, liabilities, losses or expenses (including reasonable legal fees on a full indemnity basis) that arise from:
- any violation of these terms by you or any of your Subscriber;
- any violation of any right of a third party by you or any of your Subscriber;
- any violation of any applicable law;
- you or your Subscribers use of the Branded App, Story Centre or any Content; and
- any information or material that you or your Subscribers publish or distribute on or through the Branded App or your Story Centre.
By accessing and using the Branded App, you and your Subscribers assume all risks associated with such access and use. Please note that as there are many factors beyond our control that may affect the performance or compatibility of the Branded App with certain hardware or software. We cannot promise that your use or your Subscribers’ of the Branded App will be uninterrupted or error or defect free or that errors or defects in the Branded App or Story Centre will be corrected.
To the maximum extent permitted by law, we (and our principals, employees and agents) do not accept any liability for, and you agree to release us from any claim in relation to any loss, howsoever caused, suffered or incurred by you or your Subscribers arising from your or your Subscribers’ use of the Branded App and any liability we owe is limited, to the maximum extent permitted under law, to the amount you paid to use the Branded App, or (if we choose) us providing the service again.
12. Additional fees
If you need to make changes to the (i) opening splashscreen graphics and/or (ii) welcome story branded graphic and/or (iii) app name after you approve your Preview App, there will be a $330 (including GST) fee to be paid online before the changes are made. This fee covers the costs to update and republish the iOS and Android apps, update and upload both app stores' screenshot graphics and to update and resupply your App Marketing Toolbox materials.
The link to do so is here.
Please note: there are no fees to change text or details in the "About Us" section of the app.
Branded App – is a white label app that we provide to you with our customised app icon, splash loading screen, header colour and company information pages to suit your business and its branding. The app will regularly receive content from the Story Centre. Both an Apple iOS and Android app will be published and be freely available on the Apple App Store and Google Play shop respectively.
Preview App - is a HTML mobile website version of your Branded App that is first created for you to preview and approve before your Android and iOS apps are published in the respective app stores. Whilst the Preview App closely resembles the final Branded App, there are some minor differences.
Content - is headline text, text, photos, images, videos, interactive elements (eg surveys) that originate on the Story Centre and are published on the Branded App.
Story Centre - is an individual Wordpress blogsite that is setup by Feedsy for the sole purpose of the collating, adding and selection of stories to publish to the Brand App.
Subscribers – are anybody who has downloaded your free Branded App from the Apple App Store or GooglePlay Marketplace, or has access to the Branded App including without limitation any of your clients or target clients.