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PROVUA TERMS OF USE AGREEMENT

 Last Updated: 07/04/2025

IMPORTANT: PLEASE READ THIS SOFTWARE AS A SERVICE (“SAAS”) TERMS OF USE AGREEMENT CAREFULLY. BY CREATING AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES DESCRIBED HEREIN, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MUST NOT USE THE SERVICES.

  1. DEFINITIONS
    • “Finnite,” “we,” “our,” or “us” refers to the provider of the Provua software and associated Services.
    • “Services” means the software-as-a-service products, websites, applications, and related services provided by Finnite, including any related documentation.
    • “User,” “you,” or “your” refers to the individual or entity that registers an account or otherwise uses the Services.
    • “Provua License” refers to the free tier license offered by Finnite under these Terms.
    • “Paid Plan” refers to any tier or plan for the Services that involves a fee for access or usage.
  2. ACCEPTANCE OF TERMS
    • By creating an account, accessing, or using any part of the Services, you confirm that you have read, understood, and agree to be bound by these Terms of Use (“Terms”).
    • If you are entering these Terms on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.
  3. ACCOUNT REGISTRATION AND RESPONSIBILITIES
    • Account Creation. To sign up for and use the Provua License, you must create an account and provide accurate, current, and complete information.
    • Valid Credit Card. You must provide a valid credit card for continuity of Services. While on the free Provua License, no charges will be applied to your credit card unless you switch to a Paid Plan as described in these Terms.
  4. PROVUA LICENSE
    • Free License. Finnite offers a Provua License at no cost, subject to these Terms. You may continue using the Provua License until you choose to upgrade to a Paid Plan or until your access is otherwise terminated in accordance with these Terms.
    • Upgrade to Paid Plan. If you decide to switch from the free Provua License to a Paid Plan, your credit card on file will be charged according to the plan you select. All fees are clearly stated during the plan selection process.
  5. FEES, BILLING, AND PAYMENT
    • Billing Cycle. All billing occurs on the first (1st) day of each month for the fees incurred during the prior month.
    • Daily Fee Calculation. Fees for your Paid Plan are calculated on a daily basis. The total amount owed for each month is the sum of the daily fees accrued in the prior billing period.
    • Payment Authorization. By providing your credit card information and selecting a Paid Plan, you authorize Finnite to charge your credit card for all applicable fees on the billing date.
    • Invoices and Receipts. You access an invoice within Provua detailing each month’s charges.
    • Late Payment. If your credit card is declined or payment is otherwise not processed successfully, Finnite may suspend or terminate your access to the Services until outstanding fees are paid. You remain responsible for any uncollected amounts.
    • You are responsible for any applicable taxes, duties, or levies imposed by any governmental authority in connection with your use of the Services.
  6. CHANGES TO PLANS AND FEES
    • Modification of Services. Finnite reserves the right to change the range, scope, or features of the Services (including the free Provua License) at any time, provided that any material changes to plan fees or features will be communicated to you in advance.
    • Price Adjustments. Finnite may change the prices of its Paid Plans from time to time, but will provide advance notice via email or account configuration dashboard for any changes that affect your current Paid Plan.
  7. TERM AND TERMINATION
    • These Terms begin on the date you create an account or otherwise start using the Services and continue until terminated by you or by Finnite.
    • Termination by You. You may terminate your account at any time by following the cancellation instructions in the Services or by contacting our support. If you terminate, you will be liable for fees accrued up to the date of termination.
    • Termination by Finnite. We may terminate or suspend your access to the Services if you breach these Terms, fail to pay fees when due, or if we determine that your conduct may harm our interests or reputation.
    • Effect of Termination. Upon termination, all rights and licenses granted to you under these Terms shall cease. You may lose access to any data, files, or information uploaded or generated through the Services unless otherwise specified in our data retention policies.
  8. ACCEPTABLE USE
    • Lawful Use. You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations.
    • You shall not (a) modify, reverse-engineer, or create derivative works of the Services; (b) attempt to gain unauthorized access to any part of our systems or networks; or (c) remove or alter any proprietary notices or labels on the Services.
  9. INTELLECTUAL PROPERTY
    • Finnite and its licensors retain all right, title, and interest in and to the Services, including the underlying software, code, algorithms, and content.
    • No Transfer of Ownership. No rights to the intellectual property of Finnite are transferred to you under these Terms.
    • User Content. You retain ownership of all data, information, or material you upload or submit to the Services. You grant Finnite a non-exclusive, worldwide, royalty-free right to use your content solely for the purpose of providing the Services to you.
  10. PRIVACY AND DATA PROTECTION
    • Privacy Policy. Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information.
    • Finnite will maintain commercially reasonable measures to protect any confidential information you provide, and you agree to do the same for any confidential information you obtain from Finnite.
  11. DISCLAIMER OF WARRANTIES
    • “AS IS.” THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
    • No Guarantee. FINNITE DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR THAT DEFECTS WILL BE CORRECTED IMMEDIATELY.
  12. LIMITATION OF LIABILITY
    • Indirect Damages. UNDER NO CIRCUMSTANCES SHALL FINNITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA.
    • Cap on Liability. TO THE EXTENT PERMITTED BY LAW, FINNITE’S TOTAL LIABILITY FOR CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO FINNITE FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY OR A$250, WHICHEVER IS GREATER.
  13. INDEMNIFICATION
    You agree to indemnify, defend, and hold harmless Finnite, its affiliates, and their respective officers, employees, and agents from any and all claims, damages, obligations, losses, liabilities, or expenses (including legal fees) arising out of or related to your use of the Services, violation of these Terms, or infringement of any third party’s rights.
  14. GOVERNING LAW AND JURISDICTION
    • Governing Law. These Terms are governed by and shall be construed in accordance with the laws of Queensland, Australia, without reference to its conflict of laws rules.
    • Dispute Resolution. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Queensland, Australia.
  15. CHANGES TO THESE TERMS
    We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting the updated Terms on our website. Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of those changes.
  16. GENERAL PROVISIONS
    • Entire Agreement. These Terms, together with our Privacy Policy and any other documents expressly referenced herein, constitute the entire agreement between you and Finnite, superseding any prior understandings or agreements.
    • If any provision of these Terms is held to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
    • The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement. 16.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Finnite may assign these Terms without restriction.
  17. CONTACT INFORMATION If you have any questions about these Terms or need further information, please contact us at:

BY CREATING AN ACCOUNT OR OTHERWISE USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.

 

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