Terms of Use
These Terms of Use (Terms) govern your use of the Mendes Hub (the Service), an online tool for photographers and videomakers to manage clients, quotes, projects, invoices, finances, equipment and schedules. The Service is provided by Matheus Mendes, a sole trader, ABN [ABN to be confirmed] (we, us). By creating an account or using the Service you agree to these Terms, the Privacy Policy and the Acceptable Use Policy.
1. Who can use the Service
- The Service is for businesses. Accounts are opened by invitation only, and each studio must provide a valid Australian Business Number (ABN).
- You must be at least 18 years old and able to enter into a binding contract.
- The person who creates a studio (the owner) accepts these Terms on behalf of the studio's business. The owner is responsible for the people they add to the studio (members) and for what members do in the Service.
- You must give accurate information and keep it up to date.
2. Your account and security
- Keep your password private and do not share logins. Each person should have their own login.
- Tell us straight away at [contact email to be confirmed] if you think someone has accessed your account without permission.
- You are responsible for activity under your studio's logins, unless it was caused by our failure to take reasonable security measures.
3. Your data
- Everything you or your members put into the Service, including your clients' details, projects, invoices, receipts, photos and files (Your Data), stays yours.
- You give us a non-exclusive licence to store, copy, process and display Your Data only as needed to provide, secure, back up and support the Service, and to comply with the law.
- Each studio's data is kept separate from every other studio's data. We do not look at the content of Your Data, except where you ask us to (for example, for support), where it is needed to keep the Service secure, or where the law requires it.
- You are responsible for having the right to put Your Data into the Service. In particular, when you store personal information about your clients, team or other people, you are responsible for collecting it lawfully, for telling them how you use it and for meeting your own privacy obligations to them.
- We do not sell Your Data and we do not use it for advertising.
4. Money, tax and invoices
The Service helps you record payments, issue invoices and quotes, estimate profit, GST and tax reserves, and keep an inventory of your equipment. These are record-keeping tools, not financial, tax, accounting or legal advice. You are responsible for checking your invoices, your GST and BAS reporting and your tax obligations, and for keeping the records the Australian Taxation Office requires. Calculations in the Service are estimates based on the data you enter.
5. Fees
Any fees for the Service are those set out in your plan or agreed with you in writing. We will give you at least 30 days' notice by email or in the Service before we introduce a fee or change one. If you do not agree to a new or changed fee, you can stop using the Service before it starts. Fees are in Australian dollars and include GST where GST applies.
6. Third-party services
Some features connect to services run by others, such as Apple iCloud for your calendar. When you connect one, you also agree to that provider's terms, and Your Data moves between the Service and that provider as needed for the feature to work. We store the access details you give us for these services encrypted. We are not responsible for how third-party services work or for their availability.
7. Availability and changes to the Service
- We aim to keep the Service available and working well, but it may sometimes be unavailable, for example for maintenance, updates or reasons outside our control.
- We may change, add or remove features. If a change removes a feature you rely on in a significant way, we will tell you in advance where we reasonably can.
- We back up the Service regularly, but you should keep your own copies of important information, such as your issued invoices, using the export and download options in the Service.
8. Acceptable use
You must follow the Acceptable Use Policy. In short: use the Service lawfully, do not try to access other studios' data or attack the Service, and do not upload harmful or unlawful content.
9. Suspension and ending your account
- You can stop using the Service and ask us to close your studio at any time by writing to [contact email to be confirmed].
- We may suspend or close a studio, or a login, if it seriously or repeatedly breaches these Terms or the Acceptable Use Policy, if it puts the security of the Service or other users at risk, or if the law requires it. Except in urgent cases, we will tell you first and give you a reasonable chance to fix the problem.
- We may stop offering the Service by giving you at least 60 days' notice.
- When a studio is closed, you will have 30 days to download Your Data, unless the law prevents it. After that we delete Your Data from the Service, and it is removed from our backups as they expire, normally within 90 days. We may keep information we must keep by law.
10. Our intellectual property
The Service, its software, design and content (other than Your Data) belong to us or our licensors. You may use the Service for your business while your account is active, but you may not copy, resell or create derivative works from it. If you send us suggestions, we may use them without any obligation to you.
11. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited (Non-Excludable Rights).
12. Limits on our liability
- Subject to your Non-Excludable Rights, the Service is provided "as is", and we do not promise that it will be uninterrupted or free of errors.
- Where our liability for a failure to comply with a consumer guarantee can lawfully be limited, it is limited, at our choice, to supplying the services again or paying the cost of having them supplied again.
- To the extent the law allows, we are not liable for indirect or consequential loss, or for loss of profit, revenue, data or opportunity, and our total liability to you in connection with the Service is limited to the fees you paid us for the Service in the 12 months before the event that caused the loss (or AUD 100 if you paid no fees).
- These limits do not apply to loss caused by our fraud, wilful misconduct or gross negligence.
13. Your responsibility to us
You are responsible for loss we suffer because of a claim by someone else that arises from Your Data or from your breach of the law, of these Terms or of the Acceptable Use Policy, except to the extent the loss was caused by us.
14. Changes to these Terms
We may update these Terms, the Privacy Policy and the Acceptable Use Policy. For a significant change we will give you at least 30 days' notice by email or in the Service, and you will be asked to agree to the new version the next time you sign in. If you do not agree, you can stop using the Service and download Your Data as set out in section 9.
15. General
- These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia.
- If any part of these Terms is invalid or unenforceable, the rest continues to apply.
- If we do not enforce a right straight away, we have not given it up.
- You may not transfer your account to someone else without our written agreement.
- These Terms, together with the Privacy Policy and the Acceptable Use Policy, are the whole agreement between you and us about the Service.
16. Contact
Matheus Mendes, ABN [ABN to be confirmed]. Email: [contact email to be confirmed].