Please read the following important notices regarding the various Terms and Conditions for use of the SULKY.APP websites and related Arbit Each Way Pty Ltd sites ('the Service'). Users of this Service agree to be bound by these Terms and Conditions and appicable law. Accessing of the SULKY.APP websites indicates acceptance of these Terms and Conditions ('the Agreement').

Copyright Notice

All information, data, text, material, graphics, software, advertisements, know-how and trade secrets on this URL ('the Site') including page content (where applicable) contained within the Site (and other affiliated sites) ('the Content') is copyright. The Content is protected by Australian and international copyright and trademark laws.

Copyright in all SULKY materials is owned by Arbit Each Way Pty Ltd. All rights reserved.

All brands, images, trademarks, names are copyright of their respective owners.

Any queries regarding this or other matters should be forwarded to support@sulky.app.

Joint Venture

This Site is maintained by Arbit Each Way Pty Ltd (ABN 15 116 475 408). Nothing in the Site or otherwise should be deemed or construed as creating a joint venture, partnership or agency relationship between Arbit Each Way Pty Ltd and any other organisation.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as it is for personal, non-commercial use, provided you do not modify the Content in any way (including any copyright notice).

The following restrictions apply to your use of the Service. You are not allowed to:

1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except:
   • as expressly authorised by the Service; or
   • with prior written permission from Arbit Each Way Pty Ltd and, if applicable, the respective rights holders;
2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that
• prevent or restrict copying or other use of Content or
• limit the use of the Service or Content;
3. access the Service (including underlying computer programs, application programming interfaces ("APIs"), domain names, uniform resource locators ("URLs"), databases and functions) using any automated means (such as robots, botnets or scrapers) except
   • in the case of public search engines, in accordance with SULKY.APP's robots.txt file or
   • with SULKY.APP's prior written permission;
4. collect or harvest any personally identifiable information (PII) (for example, usernames or email addresses), unless permitted by that person or allowed under point #3 above;
5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;

Application Programming Interface (API)

Use of the API requires the issuance of a non transferable API key. Use of an API key on behalf of a company or other organisation, represents and warrants that you have the authority to bind that company or organisation.

You must keep your API key secure at all times, not permit any other person to use your API account, and let us know immediately if you suspect that the security of the SULKY API may have been compromised.

The SULKY API includes open source software, and your use of the SULKY API is subject to any licences governing such material. For further information see https://swagger.io/ and https://www.apache.org/licenses/LICENSE-2.0.

Disclaimer and Limitation Of Liability

You should exercise your own skill and care with respect to the use of the Service and the Content. The Service and Content are provided 'as is' and, to the maximum extent permitted by law, SULKY does not expressly or implicitly warrant:

• that the Service or the Content is fit for any specific purpose, even if you have told us about your intended purpose;
• the accuracy, reliability, adequacy or completeness of the Service or the Content;
• that the Service or the Content is free from error or omission;
• that the Service or the Content will be malware-free, error-free or available for use at any particular time without interruption; or
• that the Service or the Content will meet your requirements.

SULKY will take reasonable care in providing the Service SULKY offers. However:

• other than as expressly stated in this Agreement, SULKY makes no representations or warranties regarding the Service or the Content;
• SULKY excludes any liability to you or any other person for any loss, damage, cost or expense (to any person or property) including consequential or indirect loss or any loss of profits, data or revenue, or any unauthorised access to personal information ('Loss'), that could arise as a result of your use of the Service or the Content;
• you release, discharge and indemnify SULKY and its officers and employees from and against any claim (including by you or your end users) which may be brought against them, or Loss incurred by any of them in connection with:
  • your provision of any service or access to information using the Service or the Content;
  • any reliance by you or your end users on the Service or the Content;
  • any actual or attempted use by you of the Service or the Content for commercial purposes;
  • any alleged or actual breach of any of your representations, warranties or obligations set out in this Agreement;
  • your negligence or wilful misconduct, breach of any law or rights of any other party, or misuse of the Service or the Content.
• to the fullest extent permitted by law, SULKY's total liability under this Agreement, SULKY's liability for breach of any applicable Non-excludable Guarantee or other implied warranty or condition that cannot be excluded is limited, at SULKY's option, to the supply of the relevant services again, or the payment of the cost of having the relevant services supplied again.

Updates and Availability

The Content is subject to change at any time without notice.

SULKY may from time to time at its sole discretion and without notice:

• issue updates to the Content or new versions of the Service;
• modify, suspend or discontinue the Service or any part of its functionality at any time;
• apply rate limits, or limit certain features and services or restrict your access to parts or all of the Service or the Content; or
• correct any errors or omissions in any portion of the Service or the Content.

Money-Back Guarantee

SULKY offers a full 'no questions asked' money back guarantee as follows:

"If within 1 month of purchasing a subscription (monthly or annually), you are not entirely satisfied with your SULKY account subscription, you may choose to cancel that subscription and obtain a FULL refund of all monies paid for that subscription."

To excercise your right to a full refund, you must request a cancellation (as per the cancellation policy below) BEFORE one calendar month of the purchase date. No refunds can be given if the subscription is cancelled ON or AFTER one calendar month of the purchase date.

Cancelation Policy

You may notify us of your intent to cancel at any time however your cancellation will only become effective at the expiry of your current billing period. You will not receive a refund, prorated or otherwise, for the remainder of the term. Your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current billing period.

When cancelling an annual or monthly subscription, all future charges associated with future terms of your subscription will be cancelled.

In order to request a cancellation of your subscription simply log into your SulkyApp account and submit a cancellation request through the billing portal. Your SulkyAPP account will remain active until the end of your billing period.

Termination

SULKY has the right to suspend or terminate your account immediately, without prior notice or liability, and refuse any and all current or future use of the Service, for any reason whatsoever, including without limitation. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse service to anyone for any reason at any time.

Promotions and Vouchers

From time to time we run promotions on the Site. All promotions are subject to availability and while stocks last. SULKY reserves the right to end a promotion at any time.

SULKY shall not be liable for any financial loss arising out of the refusal, cancellation or withdrawal of any promotion or any failure or inability by you in taking advantage of a promotion for any reason.

SULKY reserves the right to withdraw or cancel promo-codes, vouchers and the like ('web-coupon'), for any reason at any time. Web-coupons cannot be exchanged for cash.

No web-coupon may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, without our prior written permission.

Third Party Links and Offers

The Site may contain hyperlinks, images, banners and other advertisements (that may or may not have been paid for), to other websites operated by third parties. Those websites are not under the control of Arbit Each Way Pty Ltd and as such we are not responsible for their content. The Site provides these links to you as a convenience only.

The inclusion of any link does not imply any endorsement or recommendations of the linked website by Arbit Each Way Pty Ltd or its affiliates or their respective directors or employees.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

Any such offers are not made by the Site, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

By having an active account with the Site, you agree to be sent third party offers from time to time.

You link to any such website or accept any third party offer entirely at your own risk.

General Provisions

If any part of this Agreement is held to be invalid, unlawful or unenforceable for any reason then the remaining terms and conditions will continue to operate in full force.

This Agreement is governed by and interpreted in accordance with the laws and courts of the State of Queensland, and you agree to submit to the exclusive jurisdiction of the courts of Queensland.

No part of this Agreement will be taken to be waived except by written waiver executed by all parties.

Changes to these Terms and Conditions

These Terms and Conditions may be changed or amended by SULKY.APP at any time for legal, regulatory, commercial or security reasons or to enable the proper delivery of or to improve the delivery of the Service.