- Additional terms and conditions gradually made available to you, which may include those from third parties.
- Any terms provided separately to you for our Services, including product or program terms, ordering, activation, payment terms, etc.
- “Applicable law” refers to the laws currently in force in our or your jurisdiction which shall govern this agreement.
- “Site” refers to preciseby.com, and all related webpages, app and all related websites operated by affiliates, but does not include any third-party websites which are linked to or may link from this website whether or not such third-party websites are used in connection with our Services. Preciseby is a company incorporated and registered under South African Law.
- “Service” and “Services” refer to the Preciseby’s online invoicing and other small business–related services, and Support offered through Wave from time to time.
- “Subscriber” refers to any person who maintains an account with us and uses our Services.
- “Support” means technical support and assistance provided to users by Preciseby.
- “We”, “us” and “our” shall refer to Preciseby and all its affiliates and subsidiaries.
- “Preciseby” means the website (and the mobile app) which provide access to the Services offered by Preciseby.
- “Preciseby Parties” includes Preciseby, its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, directors, agents, and employees.
- “You” and “user” shall refer to any person who visits or subscribes to the website, and its employees and agents.
- YOUR RIGHTS TO USE PRECISEBY’S SERVICES
11.1 Preciseby’s services are protected by copyright, trade secret, and other intellectual property laws. Provided you qualify, you are only granted the right to use our services and for the purposes described by Preciseby within this Agreement. We reserve all other rights with regard to our services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Preciseby grants to you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to use its Services.
11.2 You agree not to use, nor permit any third-party to use our Services in any manner that violates any Applicable Law, regulation or this Agreement. You agree that you will not:
- Provide access to or give any part of Preciseby’s Services to any third party.
- Reproduce, modify, copy, sell, trade, lease, rent or resell our Services.
- Decompile, disassemble, or reverse engineer Preciseby’s Services.
- Make our Services available on any file-sharing or application hosting service.
- Create a database in electronic or structured manual form by systematically
downloading and storing all or any of Preciseby’s Services or content.
Unless Preciseby or Preciseby’s affiliates notify you in writing, the following terms for our services offered on paid plans or subscription basis shall apply. This Agreement also incorporates by reference, and includes program ordering, and payment terms provided to you on the website for our Services:
- Preciseby will bill your payments in U.S. Dollars, South African Rand (ZAR), or any other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
- You must pay with one of the following:
- A valid and acceptable credit card;
- A valid and acceptable debit card;
iii. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- By another payment option that Preciseby provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you fail to notify us promptly when such information changes, we may suspend or terminate your account and refuse any further use of the Services.
- If you fail to notify us of updates to your payment method (e.g., credit card expiration date), we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and have you to authorize us to continue billing your account with the updated information that we obtain in order to avoid interruption of the Services.
- Preciseby will automatically renew your monthly, or annual services at the then-current rates, unless our subscription services are cancelled or terminated, in accordance with this Agreement.
- Additional cancellation or renewal terms may be provided to you on the website for the Services.
- USE WITH YOUR MOBILE DEVICE.
Use of our Services may be available through a compatible and a connected smart mobile device that may require downloading the Preciseby software or app. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
TO THE EXTENT PERMITTED BY LAW, PRECISEBY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
- THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
- ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
- ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
- YOUR PERSONAL INFORMATION
15.1 You are responsible for your content. The responsibility lies with you for all uploaded, posted or stored materials (“Content”) through your engagement with our Services. You give Preciseby a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of our services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. However, we are not responsible for the Content or data you submit through our services.
You agree not to use, nor permit any third party to use, our services to upload, post, distribute, link to, publish, reproduce, engage in or tr