Last updated: 26/10/2024
These Terms & Conditions (“Terms”) govern your access to and use of the Deckle app and related services (the “Service”). By using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
The Service
1.1 Our Service allows individuals and organisations to act as Event Creators, designing and running interactive Events composed of discrete Tasks (e.g., photo uploads, check-ins, quizzes, challenges).
1.2 The level of functionality available to you may depend on the subscription type, licence or plan selected by you or your organisation.
Eligibility & Age
2.1 You represent and warrant you are at least the age of majority in your jurisdiction (the “Designated Age”) and have the legal capacity to enter into these Terms.
2.2 If you are under the Designated Age, you must (where required) be represented by a parent or guardian and/or have obtained all requisite consents.
2.3 Event Creators running Events for minors must ensure compliance with applicable laws (e.g., parental consent, student data protections) and are solely responsible for managing such participation.
User Content & Event Creator Responsibilities
3.1 User Content means any content you upload, submit, or make available through the Service (e.g., photos, videos, text, or Task responses).
3.2 You are solely responsible for your User Content, including its legality, accuracy, originality, and compliance with applicable rights and laws.
3.3 Event Creators are responsible for designing and running their Events. We do not control or actively monitor every Event and cannot guarantee its safety, suitability, or quality.
3.4 By submitting User Content, you grant us a limited licence to store, process, and display that content only as necessary to provide the Service (for example, making your submissions visible to your Event Creator and team members).
3.5 We will not use your User Content for marketing, advertising, or other external purposes without your explicit permission.
3.6 You retain all ownership rights to your User Content. Except for the limited licence granted in Section 3.4, we do not claim ownership of your User Content.
3.7 We reserve the right (but not the obligation) to remove, restrict, or refuse any User Content, terminate accounts, or take other actions we deem necessary to enforce these Terms or protect our platform.
Acceptable Use
4.1 You agree you will not:
• Use the Service in ways not authorised by your plan/licence.
• Upload, post, or share any content that is unlawful, harmful, abusive, harassing, defamatory, obscene, infringing of rights, encourages criminal behaviour, or is otherwise objectionable.
• Collect or store personal data of other users without their consent.
• Use bots, scripts, scraping, or automated methods unless expressly authorised.
• Attempt to reverse engineer, bypass security, or interfere with the Service.
4.2 We may suspend or terminate your account, remove content, or take other remedial actions if you breach these rules.
Subscription, Payments & Fees
5.1 If your access is under a paid subscription or licence, you agree to pay all applicable fees as outlined in your plan.
5.2 We may change pricing or fees upon renewal or as otherwise agreed.
5.3 All payments are non-refundable unless explicitly stated otherwise, except where required by law.
Intellectual Property
6.1 All intellectual property in the Service (including software, trademarks, design, and content) is owned or licensed by us unless expressly stated.
6.2 You do not acquire any rights other than the limited licence to use the Service as per your subscription.
6.3 You retain all ownership rights to your User Content. Except for the limited licence granted in Section 3.4, we do not claim ownership of your User Content and will not use it beyond what is required to operate the Service without your explicit permission.
Disclaimers & Limitation of Liability
7.1 Service provided “as is.” The Service is provided on an “as-is” and “as-available” basis. To the fullest extent permitted by law, we disclaim all warranties, representations, or conditions of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
7.2 Event responsibility. We are not responsible for the conduct of Event Creators or participants, and we are not liable for any injury, loss, or damages (direct or indirect) resulting from participation in an Event.
7.3 Limitation of liability. To the maximum extent permitted by law, our total liability to you for any claim arising out of or relating to these Terms or the Service will not exceed the greater of:
• (a) the total fees you have paid us in the twelve (12) months prior to the claim, or
• (b) one hundred Australian dollars (AUD 100).
We will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, or data, even if we have been advised of the possibility of such damages.
7.4 Non-excludable rights. Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot be excluded under applicable law, such as consumer protection laws in Australia (Australian Consumer Law), the United States (state and federal consumer laws), the United Kingdom, the European Union, or other jurisdictions. To the extent such rights apply, they prevail over any inconsistent terms in this section.
Availability
8.1 No guarantee of uninterrupted service. We aim to keep the Service available and functioning smoothly, but we do not guarantee that it will be uninterrupted, error-free, or always available.
8.2 Responsibility for internet and devices. You are responsible for securing your own internet connection, mobile data, devices, and equipment. We are not liable if an Event cannot be completed due to connectivity or device issues on your end.
8.3 Event disruptions. If a technical issue prevents or disrupts an Event (for example, Tasks not loading or submissions failing), the Event Creator is responsible for determining whether to reschedule, adjust, or otherwise manage the Event. Deckle is not responsible for refunds, rescheduling, or compensation unless otherwise agreed in writing.
8.4 Scheduled maintenance. We may occasionally suspend access to the Service for maintenance, upgrades, or updates. Where possible, we will provide prior notice, but this may not always be feasible (e.g., urgent security updates).
8.5 Support. If you experience issues, you may contact us at hello@deckle.app. While we will make reasonable efforts to respond and resolve problems, we do not guarantee specific response times or resolutions.
8.6 Limitation of liability for downtime. To the maximum extent permitted by law, we are not liable for any losses arising from temporary unavailability, errors, or technical issues with the Service.
Indemnification
You agree to indemnify and hold harmless Deckle App Pty Ltd, its directors, officers, employees, and agents from any claims, costs, losses, or damages (including legal fees) arising from:
• Your breach of these Terms
• Your User Content
• Your use of the Service
• Your violation of another person’s rights
Term & Termination
10.1 These Terms apply as long as you use the Service.
10.2 Either party may terminate access under your subscription or plan in accordance with your agreement.
10.3 Upon termination: you must stop using the Service; we may delete or restrict access to your account and User Content; payment obligations and provisions regarding IP, indemnity, and liability limits will survive.
Changes to Terms
We may update these Terms at any time. Updated versions will be posted with a new “Last updated” date. Your continued use of the Service after changes constitutes acceptance of the revised Terms.
Contact Us
Deckle App Pty Ltd
Email: hello@deckle.app
Website: https://deckle.app