Terms of Service

The Services are intended for business use. You must be at least 18 years old and legally able to enter into contracts. You are responsible for the accuracy of your account details, for keeping credentials confidential, and for all activity conducted under your account. Notify us promptly at security@attracted.com.au if you suspect unauthorised access.

Attracted provides in-store media, payment and customer engagement surfaces, comprising cloud software, connected devices and integrations with third-party systems. We may improve, modify or discontinue features from time to time. Where a change materially reduces the core functionality of a paid subscription, we will give reasonable prior notice.

Beta, preview, early-access and evaluation features are provided "as is", may change or be withdrawn without notice, and are excluded from any service commitments.

• Fees, billing frequency, term and device quantities are set out in your order form or online checkout.
• Unless stated otherwise, subscriptions renew automatically for successive terms until cancelled before the start of the next term.
• Fees are exclusive of GST, VAT, sales and similar taxes, which you are responsible for.
• Invoices are payable within the stated period. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and we may suspend the Services after notice.
• Except where required by law, fees are non-refundable and unused capacity is not credited.

Devices supplied by Attracted may be sold or provided as part of a subscription. Title to purchased hardware passes on full payment; risk passes on delivery. Subscription hardware remains our property and must be returned in good order (fair wear and tear excepted) at the end of the term. You agree to install and operate devices in accordance with our documentation, applicable electrical and safety standards, and any venue or landlord requirements. Tampering, unauthorised repair, or use outside documented conditions voids the warranty.

You agree not to, and not to permit others to:

• use the Services unlawfully, or to publish content that is deceptive, defamatory, infringing, obscene or discriminatory;
• display advertising or media in breach of applicable advertising, consumer, gambling, alcohol, tobacco, therapeutic goods or financial promotion rules;
• capture, infer or display personal information about individuals without a lawful basis and appropriate notice;
• reverse engineer, decompile, resell, sublicense or create derivative works from the Services except to the extent permitted by law;
• probe, scan, overload or interfere with the Services, or circumvent access controls, usage limits or security features;
• use the Services to build a competing product or to benchmark for publication without our written consent.

We may suspend access where necessary to prevent harm, protect the Services, or comply with law.

You retain all rights in the content and data you or your end customers submit through the Services ("Customer Data"). You grant Attracted a non-exclusive, worldwide licence to host, process, transmit and display Customer Data solely to provide, secure and support the Services.

You are responsible for having the necessary rights, notices and consents for Customer Data, including in-store signage and disclosures where required. Where we process personal information on your behalf, we act as processor/service provider under our Data Processing Addendum, and our Privacy Policy explains our own processing. We may use aggregated, de-identified data that does not identify you or any individual to operate and improve the Services.

Certain features generate creative, copy, recommendations or summaries using machine learning. Outputs may be inaccurate or unsuitable, and are not professional, legal, financial or medical advice. You are responsible for reviewing outputs before publishing them in-store, and for ensuring they comply with applicable law and brand obligations. Where our providers permit, you own outputs generated for you; similar outputs may be generated for other customers.

The Services integrate with third-party platforms such as point-of-sale, payment, scheduling and marketing systems. Those services are governed by their own terms, and we are not responsible for their availability, accuracy or acts. Card payments processed through the Services are handled by PCI-DSS compliant payment providers; settlement, chargebacks, disputes and fees are governed by your agreement with that provider.

Attracted and its licensors own all rights in the Services, including software, hardware designs, documentation, models, trade marks and the Attracted and Attracted On Demand® marks. Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription term. All rights not expressly granted are reserved. If you give us feedback or suggestions, we may use them without restriction or obligation.

We aim to keep the Services available at all times, other than planned maintenance and events beyond our reasonable control. Specific uptime commitments, support hours and response targets apply only where set out in a service level agreement or order form. Standard support is available at support@attracted.com.au.

Each party warrants that it has authority to enter into these Terms. We warrant that the Services will be provided with reasonable care and skill.

Except as expressly stated and to the maximum extent permitted by law, the Services are provided "as is" and we disclaim all other warranties, including merchantability, fitness for a particular purpose, non-infringement, and that the Services will be uninterrupted or error-free. Nothing in these Terms excludes rights that cannot lawfully be excluded, including consumer guarantees under the Australian Consumer Law; where liability cannot be excluded, our liability is limited (at our option) to resupplying the Services or paying the cost of resupply.

You will defend and indemnify Attracted against third-party claims arising from your Customer Data, your in-store content, your breach of these Terms, or your unlawful use of the Services. We will defend you against third-party claims that the Services, used as permitted, infringe their intellectual property rights, and pay resulting damages finally awarded, provided you notify us promptly and allow us to control the defence.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or data. Each party's aggregate liability arising out of or relating to these Terms is limited to the fees paid or payable by you to Attracted in the twelve months preceding the event giving rise to the claim. These limits do not apply to your payment obligations, breaches of the acceptable use section, or liability that cannot lawfully be limited.

These Terms apply while you use the Services. Either party may terminate for material breach not cured within 30 days of notice, or immediately if the other becomes insolvent. On termination, your access ends, outstanding fees become payable, and subscription hardware must be returned. We will make Customer Data available for export for 30 days after termination, after which it may be deleted in accordance with our retention practices.

Each party will protect the other's non-public information disclosed in connection with the Services with at least reasonable care, use it only for the purposes of these Terms, and disclose it only to personnel and advisers bound by similar obligations or where required by law.

You confirm that you are not subject to applicable sanctions, and you agree to comply with export control, anti-money laundering, anti-bribery and anti-corruption laws in connection with your use of the Services.

We may update these Terms to reflect changes to the Services or the law. We will post the updated version with a revised date and, for material changes affecting paid subscriptions, give reasonable notice by email or in-product. Continued use after the effective date constitutes acceptance.

These Terms, together with any order form and the Privacy Policy and DPA, are the entire agreement between the parties. You may not assign them without our consent; we may assign to an affiliate or in connection with a merger or sale of assets. If a provision is unenforceable, the remainder continues in effect. Failure to enforce a right is not a waiver. The parties are independent contractors.

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that state. Before commencing proceedings, the parties will attempt in good faith to resolve any dispute by escalating it to senior representatives for 30 days. Nothing prevents either party from seeking urgent injunctive relief.

Attracted — Legal Team
Email: legal@attracted.com.au