Terms of use

The following terms and conditions (the "Agreement") govern the use of the Rosternator and websites and all content and services available at or through the websites (collectively, the "Service"). The Service is owned and operated by Haumohio Ltd. ("Haumohio"). The Service is offered subject to your acceptance without modification of the Agreement. By accessing or using any part of the Service, you agree to become bound by the Agreement. If you do not agree to all the terms and conditions of this Agreement, please do not use the Service.

This Agreement is between Haumohio and you, or any juridical entity that you represent ("you"). If you enter into this Agreement on behalf of another juridical entity, you represent and warrant that you have authority to bind such entity to this Agreement.

Submitted content

You retain the rights to content you submit to the Service. You grant Haumohio and its service providers the right to temporarily store and modify your content insofar as necessary to provide the Service to you.

Submitted content may be retained up to 30 days after subscription expiry for the purposes of service continuity, after which time it may be irretrievably purged.

Limits

You acknowledge and agree that Haumohio imposes a limit on the size and the number of requests you may send to the Service. Haumohio may change such limits at any time, at Haumohio's sole discretion.

Payments

By purchasing a product you agree to pay Haumohio the listed price. Payments will be charged immediately after purchase.

By purchasing a paid subscription you agree to pay Haumohio the applicable fees for your usage of the Service. Subscriptions will either have a flexible price or a fixed price. For flexible price subscriptions you will be billed monthly for the fees calculated over the previous calendar month. For fixed price subscriptions you will be billed at the beginning of the subscription period. The subscription period will either be a month or a year depending on your subscription.

You authorize Haumohio to collect the fees using any payment method we have on record for you. We may increase or add new fees after giving you advance notice.

Listed prices are in U.S. dollars (USD) and include any sales tax (VAT) when applicable. The charged prices are equal to the listed prices regardless of the amount of sales tax to be paid. Payments are not refundable.

Renewals

Subscriptions will be renewed automatically at the end of the subscription period. Renewals will be based on the listed prices at the moment of renewal. You may cancel the automatic renewal at any one time. Your account will then be downgraded to the free service at the end of the current subscription period.

Ownership

When subscribing to the Service Haumohio grants you a non-exclusive, non-transferable, non-sublicensable license during your subscription period to use the Service.

Intellectual property

Haumohio respects the intellectual property rights of others. Haumohio asks you to respect the intellectual property rights of Haumohio. All rights, title and interest in and to such property will remain solely with Haumohio.

Responsibility

You represent and warrant that:

• your use of the Service will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• content you submit does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• you will not use the Service in any manner that may disable, damage or overburden it;
• your use of the Service will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area).

Haumohio in its sole discretion has the right (though not the obligation) to refuse or remove content, terminate any subscription, and deny or limit access to use of the Service to any individual or entity if the terms of this Agreement are violated.

Data processing operations

The username and email address you provide to sign up or make a purchase are stored in your account. All purchases and invoices are recorded in your account.

Payments are handled by Haumohio's payment providers. Personal data regarding a payment is stored only with the payment provider. For PayPal purchases Haumohio stores the purchase transaction number. PayPal shares your name, physical address and email address with Haumohio.

Service providers

Haumohio uses data processors from the EU, US and Australia in order to provide the Service. This section explains how data is processed. Submitted content will only be shared with these service providers unless required otherwise to comply with the law or requests of governmental entities.

Stripe Payments Europe, Ltd, Dublin, Ireland - Credit card payments are processed by Stripe. Tokenised payment information is used to securely process payments. Card number, expiry date and CVC cardholder information is stored only on the servers of Stripe. For payment purposes Stripe may disclose data to banks and credit card networks. Stripe has certified to the EU-US Privacy Shield.

Disclaimer of warranties

The Service is provided "as is". Haumohio and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Haumohio nor its suppliers and licensors, make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services, through the Service at your own discretion and risk.

Limitation of liability

In no event will Haumohio, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Haumohio under this Agreement during the twelve (12) month period prior to the cause of action. Haumohio shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless Haumohio, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Changes

Haumohio reserves the right to modify or replace any part of this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. This Agreement may only be modified by a written amendment signed by an authorized executive of Haumohio, or by the posting by Haumohio of a revised version.

Applicable law and jurisdiction

Except to the extent applicable law, if any, provides otherwise this Agreement, any access to or use of the Service will be governed by the laws of the state of New Zealand, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Christchurch, New Zealand. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.

Entire agreement

This Agreement constitutes the entire agreement between Haumohio and you concerning the subject matter hereof.