Standard License

Akuda Pty Ltd grants you an on-going, non-exclusive license to use the purchased Code.

The license grants permission to all Employees and Contractors of the Licensee to access and use the purchased Code.

Example usage

You can:

  • Use the Code to provision unlimited infrastructure.
  • Modify the Code to create derivative Code. Derivative Code is subject to this license.
  • Use the Code to provision infrastructure where the infrastructure supports SaaS applications sold to End Users.

You cannot:

  • Create End Products that are designed to allow End Users to build their own infrastructure using the Code.
  • Provision infrastructure that is the property of any individual or entity other than the Licensee.
  • Redistribute the Code or derivatives.

License Definitions

  • Licensee is the individual and/or business entity who has purchased a License.
  • Code is the source code and assets made available to the Licensee after purchasing an Akuda licensed solution.
  • End Product is any artifact produced that incorporates the Infrastructure Code.
  • End User is a user of an End Product.
  • Employee is a full-time or part-time employee of the Licensee.
  • Contractor is an individual or business entity contracted to perform services for the Licensee.

Enforcement

If you are found to be in violation of the license, access to your purchases may be terminated. When license violation is blatant and malicious (such as intentionally redistributing the Code), legal remedies may be pursued.

Liability

Akuda Pty Ltd liability to you for costs, damages, or other losses arising from your use of the Infrastructure Code, including third-party claims against you, is limited to a refund of your license. Akuda Pty Ltd may not be held liable for any consequential damages related to your use of the Code.


Value Added Reseller License

Akuda Pty Ltd grants you an on-going, non-exclusive license to use the purchased Code.

The license grants permission to all Employees and Contractors of the Licensee to access and use the purchased Code when providing professional services to clients.

Clients can access and use the purchased infrastructure code subject to the Standard License conditions.

Example usage

You can:

  • Use the Code to provision unlimited infrastructure that is the property of Clients.
  • Modify the Code to create derivative Code. Derivative Code is subject to this license.
  • Share the Code with Clients where you were contracted to provide relevant professional services.

You cannot:

  • Create End Products that are designed to allow End Users to build their own infrastructure using the Code.
  • Provision infrastructure that is the property of any individual or entity other than Clients of the Licensee.
  • Redistribute the Code or derivatives publicly or to any individual or entity other than Clients of the Licensee.

License Definitions

  • Licensee is the individual and/or business entity who has purchased a License.
  • Code is the source code and assets made available to the Licensee after purchasing an Akuda licensed solution.
  • End Product is any artifact produced that incorporates the Infrastructure Code.
  • Client is a business entity who has contracted you to provide professional services.
  • End User is a user of an End Product.
  • Employee is a full-time or part-time employee of the Licensee.
  • Contractor is an individual or business entity contracted to perform services for the Licensee.

Enforcement

If you are found to be in violation of the license, access to your purchases may be terminated. When license violation is blatant and malicious (such as intentionally redistributing the Code), legal remedies may be pursued.

Liability

Akuda Pty Ltd liability to you for costs, damages, or other losses arising from your use of the Infrastructure Code, including third-party claims against you, is limited to a refund of your license. Akuda Pty Ltd may not be held liable for any consequential damages related to your use of the Code.


Terms and conditions

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

Intellectual Property Rights

Under these Terms, Akuda Pty Ltd and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

Restrictions

You are expressly restricted from all of the following:

  • Publishing any Website material in any media.
  • Selling, sublicensing and/or otherwise commercializing any Website material.
  • Publicly performing and/or showing any Website material.
  • Using this Website in any way that is, or may be, damaging to this Website.
  • Using this Website in any way that impacts user access to this Website.
  • Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity.
  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website.
  • Using this Website to engage in any advertising or marketing.

No warranties

This Website is provided “as is,” with all faults, and Akuda Pty Ltd makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

Limitation of liability

In no event shall Akuda Pty Ltd, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Akuda Pty Ltd, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent Akuda Pty Ltd from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable legal fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Akuda Pty Ltd is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Akuda Pty Ltd and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of NSW Australia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in NSW Australia for the resolution of any disputes.


Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from (the “Site”).

Personal information we collect

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

  • “Logs" track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, payment information, email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

How we use your personal information

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information), and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: Communicate with you; Screen our orders for potential risk or fraud; and When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Stripe to power payments. You can read more about how Stripe uses your Personal Information here: https://stripe.com/en-au/privacy. We also use Cloudflare Analytics to help us understand how our customers use the Site – you can read more about how Cloudflare uses your Personal Information here: https://www.cloudflare.com/privacypolicy/.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Data retention

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.