Narativ App Website and Platform Agreement

Effective Date: 01/10/2024

This Agreement ("Agreement") is a legally binding contract between you ("User") and Fora Tech Pty Limited (ABN 95 666 680 440) ("Fora Tech"), which governs your use of the Narativ website, mobile application, and all associated platform services (collectively, the "Services"). By accessing or using these Services, you agree to be bound by the terms and conditions set forth herein. If you do not accept these terms, you must immediately discontinue use of the Services.

1. Introduction and Overview

1. Purpose: This Agreement establishes the terms under which Fora Tech provides access to the Narativ Services. It is intended to create a clear understanding of the rights and responsibilities between Fora Tech and you as a user.
2. Scope:
   • The Narativ website available at https://masterplan-app.vercel.app/
   • The Narativ mobile application and related interface.
   • Any content, features, tools, and functionalities made available through the Services.
3. Acceptance of Terms: Your continued use of the Services constitutes acceptance of this Agreement, including any future amendments. If you disagree with any part of this Agreement, you must cease all access and use of the Services immediately.

2. Services and Access

2. Description of Services:
   • Access to a digital platform for content and design publication.
   • Functionality for uploading content (e.g., articles, images, multimedia) as specified in your chosen subscription.
   • Tools and features intended solely for personal, non-commercial use unless expressly agreed otherwise.
3. System Requirements: Access to the Services requires a computer or supported mobile device with an up-to-date operating system, a compatible web browser, and a reliable internet connection. Users are solely responsible for any third-party costs that might be incurred (e.g., Internet Service Provider fees).
4. Third-Party Components: The Services may incorporate third-party applications, payment gateways, or other external links for convenience. These third-party services are subject to their own terms and conditions, and Fora Tech assumes no responsibility for them.

3. User Obligations and Security

3. Account Responsibility: To fully access the Services, you may be required to create an Account. You are responsible for maintaining the confidentiality of your Account credentials and are fully responsible for all activities that occur under your Account.
4. Responsible Use:
   • Use the Services only for lawful purposes.
   • Immediately notify Fora Tech of any unauthorized use or breach of your Account.
   • Abstain from any use or behavior that could damage, disable, overburden, or impair the Services.
5. Security Measures: Fora Tech employs industry-standard security protocols and practices to safeguard the Services. However, you acknowledge that internet-based data transmissions can never be entirely secure. You are responsible for keeping your system security up to date, and Fora Tech is not liable for any breaches or data loss arising from personal device vulnerabilities.

4. Payment, Subscriptions, and Renewal

4.1 Subscription Plans: Narativ offers various subscription levels, each with its own set of features and fee structure. Details about each subscription plan, including pricing and benefits, are provided on the Narativ website.

4.2 Payment Terms: Subscription fees are payable in advance via credit card or another supported payment method. Fees are non-refundable, and access to the Services will continue for the duration of the subscription period, even if you cancel early, where applicable.

4.3 Automatic Renewal and Cancellation: Subscriptions will automatically renew on an annual or monthly basis, as applicable, unless you cancel your subscription through the self-service account management options provided on the website. Cancellation takes effect at the end of the current subscription period; no refunds or credits will be given for the remaining period.

4.4 Upgrades and Downgrades: During an active subscription period, you may upgrade or downgrade your subscription. Any adjustment in fees will be calculated on a pro rata basis based on the remaining subscription term. No retroactive refunds will be issued, except as provided in this Agreement.

5. Termination and Suspension

5.1 Voluntary Termination: You may terminate this Agreement or cancel your subscription at any time by following the prescribed cancellation process on the Narativ website. Termination does not absolve you of any outstanding obligations incurred prior to cancellation.

5.2 Fora Tech’s Right to Terminate: Fora Tech reserves the right to suspend or terminate your access to the Services immediately and without notice if you breach any material term of this Agreement, engage in unauthorized use, or misuse the Services. In such cases, you will not be entitled to any damages or refund of pre-paid fees.

5.3 Force Majeure: Neither party shall be in breach of this Agreement due to events beyond reasonable control (including natural disasters, acts of war, or technological failures) that hinder performance. Both parties shall promptly notify the other of such events, and affected obligations will be extended for a reasonable period.

6. Intellectual Property

6.1 Ownership: All elements of the Narativ Services—including, but not limited to, the platform design, graphical user interface, software, logos, trademarks, service marks, and proprietary content—are owned exclusively by Fora Tech Pty Limited. No portion of the Narativ Services may be reproduced, distributed, modified, or resold without the express written consent of Fora Tech.

6.2 Prohibited Actions:

• Copying, reverse engineering, decompiling, or otherwise attempting to derive the source code or underlying structure of the Services.
• Using any part of the Narativ Services as input for machine learning models or to train any automated valuation, data extraction, or similar systems.
• Republishing, posting, or distributing any component of the Services in a manner that may lead a third party to believe that such uses are authorized by Fora Tech.

6.3 User Content: Any content you upload or otherwise submit to the Narativ Services remains your property. However, by uploading, you grant Fora Tech an irrevocable, worldwide, royalty-free license to use, reproduce, modify, and display such content solely in connection with the operation and promotion of the Narativ Services.

6.4 Enforcement: Fora Tech will vigorously enforce its IP rights and may take legal action if it determines that any aspect of the Narativ Services has been reproduced or exploited without permission. Unauthorized use may lead to immediate termination of your access and possible claims for damages.

7. Privacy and Data Security

7.1 Personal Information: Fora Tech collects and processes personal information in accordance with its Privacy Policy (available on the Narativ website). By using the Services, you consent to such collection and use.

7.2 Data Storage and Security: We implement commercially reasonable security measures to protect your data against unauthorized access. However, as data transmissions over the internet are not fully immune to interception, you agree that Fora Tech is not liable for any such breaches.

7.3 Third-Party Services: Any third-party providers used to process payments or manage data shall be subject to their own privacy and data security policies. Fora Tech is not responsible for their handling of your personal information.

8. Limitations of Liability and Indemnity

8.1 Disclaimer of Warranties: The Services are provided on an "as-is" and "as-available" basis. Fora Tech disclaims all implied warranties, including any warranties of merchantability, fitness for a particular purpose, and non-infringement. Fora Tech does not guarantee uninterrupted, error-free, or secure access to the Services.

8.2 Limitation of Liability: To the maximum extent permitted by law, Fora Tech’s total cumulative liability to you shall not exceed the greater of AUD $100 or the Subscription Fee paid for a six-month period. In no event shall Fora Tech be liable for indirect, incidental, or consequential damages arising from your use of the Services.

8.3 Indemnification: You agree to indemnify and hold harmless Fora Tech, its officers, employees, and agents from and against any claims, losses, liabilities, or expenses (including attorneys' fees) arising from your breach of this Agreement or your misuse of the Services.

9. Amendments and Notices

9.1 Amendments: Fora Tech may modify or update this Agreement at its sole discretion. Notice of amendments will be posted on the Narativ website and/or sent to your registered email address. Continued use of the Services after amendments come into force constitutes acceptance of the revised terms. If you do not agree with the amendments, you must terminate your use of the Services prior to the effective date.

9.2 Notices: All notices or communications under this Agreement must be in writing and sent to:

• For Fora Tech Pty Limited: [Insert Fora Tech’s official mailing address]
• Email: support@foratech.com.au

10. Governing Law and Dispute Resolution

10.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.

10.2 Dispute Resolution: In the event of a dispute, controversy, or claim arising out of or relating to this Agreement, you agree to initially contact Fora Tech to attempt resolution. If an amicable resolution is not reached within 14 days, any dispute shall be finally resolved through arbitration in accordance with the WIPO Expedited Arbitration Rules. The arbitration shall take place in Sydney, Australia, and shall be conducted in English. Notwithstanding the arbitration clause, either party may seek urgent injunctive relief from a competent court where necessary.

11. Definitions and Interpretation

11.1 Definitions:

• Account: means the user-specific access credentials that enable logon and use of the Narativ Services.
• Force Majeure Event: means any circumstance beyond the reasonable control of a party, including natural disasters or other events that delay performance.
• Subscription: refers to the access plan purchased by the user that provides access to varyingly featured services for a specified term.
• Intellectual Property Rights: refer to all copyrights, trademarks, patents, trade secrets, and other proprietary rights in the Narativ Services.

11.2 Interpretation: Headings and titles herein are for convenience only and do not affect the interpretation of this Agreement. Singular terms include the plural and vice versa, and the language herein is intended to be clear and unambiguous.

By using the Narativ Services, you acknowledge that you have read, understood, and accepted all the terms outlined in this Agreement. If you have any questions or concerns about the Agreement, please contact us using the details provided in Section 9.2.