Terms of Use

Introduction

Welcome to Paper Starship. These Terms of Use ("Terms") are a legal agreement between you and Paper Starship ("Paper Starship", "we", "our", or "us"), an independent product lab based in Melbourne, Australia, and govern your use of our website, apps, and other products and services (collectively, the "Services"). By using any of the Services you agree to these Terms and to our Privacy Policy, which is incorporated here by reference.

If you are using the Services on behalf of a business, you confirm that you have authority to bind that business to these Terms, and that it accepts them. Please read these Terms carefully.

Changes to the Terms

We may revise these Terms from time to time by posting a revised version on our website or otherwise notifying you. The revised version takes effect when posted, and your continued use of the Services after that constitutes acceptance. By giving us your email address you consent to receiving service-related notices by email in place of post; you may opt out of non-essential messages at any time.

Our Services

Paper Starship designs, builds, and operates its own apps and websites, and occasionally builds products for selected partners. Our website is provided for general information. Where a particular product or engagement has its own additional terms, those terms apply to that product or engagement alongside these Terms.

Acceptable Use

You agree to use the Services only for lawful purposes, and not to interfere with their operation, attempt to gain unauthorised access, or use them in any way that could harm Paper Starship or any other user. Any use of the Services not expressly permitted under these Terms is prohibited.

Third-Party Services

The Services may let you access or interact with third-party services, products, and content ("Third-Party Services"). You are responsible for any licences or consents needed to use them, and we are not responsible for any issues, delays, or liabilities arising from any Third-Party Services.

Fees and Payment

Where you engage us for paid work, the fees, scope, and payment terms are set out in the relevant agreement or project order. You are responsible for any applicable taxes and third-party charges. If you authorise us to store a payment method, you authorise us to charge it for amounts you owe in connection with that engagement.

Intellectual Property

We own and retain all right, title, and interest (including intellectual property rights) in and to the Services and any underlying software, designs, models, methods, and materials, together with all improvements and derivative works of them. Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, non-transferable, limited licence to use the Services.

If you provide logos or trademarks ("Brand Materials") to us in connection with an engagement, you grant us a non-exclusive, worldwide, royalty-free licence to use, host, reproduce, display, and modify them as needed to provide and improve the Services, and you confirm you have the rights to grant that licence. Nothing in these Terms gives you the right to use our name, trademarks, logos, or other brand features. Except as permitted by law, you may not reverse engineer, decompile, or otherwise attempt to derive the source of the Services.

Privacy

Please read our Privacy Policy, which explains how we collect, use, and share personal information. By using the Services you agree to it. We may collect and analyse aggregated, de-identified information about use and performance of the Services, and are free to use that information to improve and develop our offerings.

Disclaimer of Warranties

Except as expressly set out in these Terms, and to the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law or other law that cannot lawfully be excluded. Where our liability for failing to comply with such a guarantee can be limited, it is limited (at our option) to re-supplying the relevant services or paying the cost of having them re-supplied.

Limitation of Liability

To the fullest extent permitted by law, and subject to the Australian Consumer Law section above, Paper Starship and its people will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of revenue, profits, goodwill, or data, arising out of or in connection with your use of, or inability to use, the Services. To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Services will not exceed AUD $100.

Indemnification

You agree to indemnify and hold harmless Paper Starship and its people from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to your breach of these Terms, your misuse of the Services, or your violation of any law in connection with the Services.

Termination

We may suspend or terminate your access to any Service at any time, and may add, remove, or change features of the Services, taking reasonable steps to notify you where appropriate. These Terms terminate automatically if you breach them. You may stop using the Services at any time, but that does not relieve you of any obligation to pay outstanding fees. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitations of liability, indemnities, and governing law — will survive.

Sanctions and Export

The Services may be subject to laws and regulations governing their use and export. By using the Services you agree to comply with all such laws and confirm that you are not prohibited from receiving the Services under the laws of any applicable jurisdiction.

Disputes and Governing Law

These Terms are governed by the laws of the State of Victoria, Australia, without regard to conflict-of-law principles. If a dispute arises, you agree to first contact us so we can try to resolve it in good faith. Where a dispute cannot be resolved, you and Paper Starship submit to the exclusive jurisdiction of the courts of Victoria, Australia. Nothing in this section prevents either party from seeking urgent injunctive relief.

Waiver and Severability

Our failure to enforce any provision of these Terms is not a waiver of it. If any provision is found invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for a specific product or engagement, constitute the entire agreement between you and Paper Starship regarding the Services and supersede any prior agreements on the subject.

Contact Us

Questions, feedback, and requests relating to the Services can be sent to hello@paperstarship.com.au.