Thank you for choosing Miracle Mobile Platform for creating your enterprise mobile apps. This document entails the fine print you need to know and understand before agreeing to form a contract between you and MiracleTek (“Us”, “We”, “Company”).
The following terms also govern your use of:
- The hostage storage solution provided for online storage, sharing and processing of files, data, text, video, audio, pictures, and other content (“Content”)
- Software provided by MiracleTek (“Software”)
- All written or electronic documentation provided by MiracleTek (“User Guides”)
Collectively, the Content, Software, and User Guides will be referred to as “Service(s)” hereinafter.
By accepting this agreement, be it by signing up for one of our plans or continuing the use of our Service, you agree to the terms on this page unless a separate agreement has been established between MiracleTek and you or your organisation. In case of the latter, that agreement will govern your use of the Service.
Users entering this agreement on the behalf of an organisation or other legal entity should have the authority to bind such an entity and its affiliates to the terms below. In this case, the terms “You” and “Your” refer to this entity and its affiliates. If you do not have such authority or agree with these terms, you must not accept this agreement and, therefore, may not use the Service.
Agreement Between You and MiracleTek
By agreeing to these terms, you agree to a contract between you and us regarding the Service. This contract supersedes any prior contract or oral or written statements regarding use of the Service.
You are forming a contract with MiracleTek (Pty) Ltd., with the address 68 Hasler Road, Osborne Park WA 6017, Australia. The laws of Western Australia govern the interpretation of the terms detailed on this page, and apply when a breach of these terms occurs, regardless of conflict of laws principles.
Both parties agree to specifically exclude the application of Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act to the terms listed here.
Other claims, including claims regarding consumer protection laws, and in tort, will be subject to the laws of the country in which you reside.
In the case of disputes arising out of or relating to these terms, you and we irrevocably consent to resolving them in the courts located in Perth. We reserve the right to assign this contract to another entity at any time.
MiracleTek’s Relationship with You
MiracleTek and you have a relationship of independent contractors. You and we are not legal partners or agents. This contract is solely for the benefit of both parties. It is not for the benefit of a third party, except for permitted successors.
Modifications to this Agreement
MiracleTek reserves the right to revise its Terms of Service occasionally. Changes in the revised version of this page will be effective once posted, or from a particular date if specified.
If, in our sole discretion, we deem revisions to be substantial, we will notify you on the email address associated with your account. Therefore, we encourage you to check these terms regularly to see if they have been updated.
If you do not agree with any of the changes, we reserve the right to discontinue providing our Service. You may cancel your plan and cease all access and use of Miracle Mobile Platform.
Severability of Agreement
MiracleTek’s Terms of Service apply to the maximum extent permitted by the law. If a court holds that we cannot enforce a part of these terms, you and we will agree on and replace those terms with similar terms which are enforceable under the law. The rest of the terms will remain in effect.
Our Proprietary Rights
MiracleTek owns all right, title, interest in and to the services, as well as the technologies needed to deliver the Service. Users are only granted the rights detailed on this page. Based on these, no title to or ownership of any proprietary rights related to the Service is transferred to you. All rights which are not explicitly granted to you are reserved solely for MiracleTek.
In the event you share your feedback, i.e. comments, suggestions, recommendations, and paid enhancements to the Service, you hereby grant us a world-wide, royalty-free, irrevocable, perpetual license to use and/or incorporate this feedback.
Intellectual Property Rights
All the contents of our Site and Services, including but not limited to design, software, graphics, and other files are Copyright © MiracleTek and/or the proprietary property of our partners. All Rights Reserved.
All associated logos, icons, marketing and promotional materials are the property of MiracleTek and may not be copied, imitated, or used in whole or in part without prior written permission. Other product and company names may be trade or service marks of their respective owners.
Other intellectual property rights, including but not limited to patents and trademarks, may cover subject matter that is part of the Service. Unless you are granted licenses to our intellectual property in the Terms of Service, MiracleTek does not give you any license to our intellectual property. Any rights that have not been expressly granted are reserved.
Assignment and Transfer of Rights
MiracleTek reserves the right to assign, transfer, or dispose its rights and obligations under this contract, be it in whole or in part, at any time without prior notice.
You may not transfer any rights to use this Service or assign this contract to another party.
- Comply with legal authorities or respond to lawful requests
- Protect the rights or property of MiracleTek or other Users
- Act on a good faith belief that such disclosure is necessary for the personal safety of our employees or the public
We retain the right to prevent the delivery of files, emails, or other communication to and from the Service to protect it and/or other users, or prevent you from breaching the terms listed here. The technology or other methods we use may affect your use of the Service temporarily or permanently.
Third Party Services and Content
Transactions related to MiracleTek’s services are between transaction parties only. While the Services may link or provide you with functionality and access to third party content (e.g. websites, applications, or services), we are not liable for such content or services.
Moreover, we may provide some content as part of the Services. This in no way means that MiracleTek is an agent of any transacting party, nor are we involved in such a transaction. Such activities, and the terms associated with them, are solely between users and the third party in question.
Similarly, we are not responsible for third party content accessed with the service. By agreeing to these Terms, you waive any claim against us with respect to the content of third parties. We are not liable, obligated, or responsible for correspondence, purchase, or promotional activities carried out between you and a third-party. Please conduct whatever investigation you deem necessary before proceeding with any transactions with third parties.
You are solely responsible for your dealings with third parties related to the services. Should you experience any issues due to using third party services, or suffer any form of loss, MiracleTek will not be held responsible.
Access to the Service
Miracle Mobile Platform users may access our Services, on a non-exclusive basis, by any of our three plans. You must, however, strictly adhere to the terms detailed on this page and all applicable laws.
Signing up for our plans will require users to confirm or enter essential registration data, including email address, company information, and password. Please ensure that this data is true, accurate, and up-to-date: a) at the time of registering for the Service; and b) throughout your use of the Service.
The pricing for our Service is available on the website here. The prices of our plans exclude all taxes and charges unless stated otherwise. You will be responsible for paying for taxes and other charges such as currency exchange settlements. Users are also responsible for charges incidental to using the Service, such as charges for Internet access and data roaming.
The prices MiracleTek quotes are in U.S. dollars. Keep in mind we reserve the right to change the currency quoted to you at any time.
Account administrators responsible for confirming payment for MiracleTek’s Services should be authorised to use the payment method used for paying for your subscription plan.
MiracleTek will bill you for the Service and any additional services you opt for such as Custom PDF, app shell development, and integration support. You may be billed: a) in advance; b) at the time of signing up for a plan; c) after you have signed up for a plan; and d) on a recurring basis.
If we no longer receive payment from you for paid Service, we reserve the right to cancel your subscription. If you wish to discontinue using the Service, your notice will not affect the charges we will bill you before we can reasonably act on your request.
Any changes made to the prices of our plans will be communicated to you on the email address you have provided to us. If you do not agree to any price changes, please stop using the Service and cancel your subscription via email at [email protected]. We will cancel your plan no later than 14 days after your request has been received.
If we do not receive payments on the due date agreed on by both parties, your account may be frozen and inaccessible. Moreover, shared links will be turned off until MiracleTek processes all payments. If users still do not comply, we reserve the right to deactivate their accounts at the end of 90 days. Users’ Content and files may no longer be retrievable after that period.
All of our plans are non-refundable. MiracleTek will not refund any amounts users have already paid, to the fullest extent permitted under applicable law.
Updates to the Service
MiracleTek reserves the right to carry out unscheduled changes, updates, or enhancements to the Service at any time. We may add or remove controls, features, or suspend a Service in our sole discretion.
Content created in Miracle Mobile Platform is stored on MiracleTek’s secure back-end MySQL database, which is hosted on Amazon AWS data centres located in Sydney. We, however, reserve the right to store Content data outside of Australia. You will be notified beforehand of any changes in the location of Content storage.
The use of Software we provide is governed in one of the two ways:
- If provided with license terms, you need to accept those to use the Software.
- If no license is provided, the Terms on this page apply.
We reserve all other rights to the Software.
All Software MiracleTek provides is licensed, not sold. Therefore, its license ends once the Service ends. Users must uninstall the Software, or we may disable it remotely. Please do not attempt working around the Software’s technical limitations.
Australian export laws and regulations may be applicable to the Software unless stated otherwise. Users agree to comply with all domestic and international laws and regulations applicable to the Software, including laws which apply restrictions on destinations and end users.
Custom Form Creation
MiracleTek offers to convert your paper forms to mobile forms for an additional fee. Our team will assess whether the content you share for this purpose can be ‘mobilised’. The results of our assessment will be communicated through the project proposal we share with you before commencing the creation of your mobile forms.
We may, at our own discretion, reject content for reasons such as violation of another party’s intellectual property. We may also provide alternative solutions to issues such as lengthy forms and complex applications.
Custom PDF Template Creation
MiracleTek offers to create custom PDF templates to email the data from a submitted form in a specific format. We do not guarantee that the look and feel of the PDF will completely match the original content.
Only you may use your MiracleTek account. You must ensure the confidentiality of your account and passwords. You must not authorise any third party to use the Service on your behalf unless we approve such use.
If you suspect the misuse of your account or a security breach in the Service, please contact us immediately. You are responsible for your account and all the activities taking place with it. MiracleTek will not be liable for loss or damage caused by unauthorised activities with your account.
If your account was given to you by a third party (e.g. employer or government organisation), that party has rights to your account, including and not limited to:
- Resetting your password
- Managing the account
- Viewing the activities of the account
- Suspending or cancelling the account
If you are an individual user and the domain of the email address associated with your account is owned by an organisation which wishes to establish a commercial relationship with MiracleTek, your account will be subject to this commercial relationship. You need to change your email address to ensure your account is not controlled by the organisation.
User Generated Content
Registered users are the sole owners of the Content transmitted, stored, or processed in their accounts. MiracleTek does not claim ownership of this Content, nor does it control, verify, or endorse it. We also do not validate the reliability of the accuracy of the Content or Applications created through the Platform and made available to app stores.
Users will solely be held responsible for the:
- Nature, quality, and accuracy of the Content
- Content’s compliance with the Terms of Service and applicable laws
- Handling and resolution of complaints or notices relating to the Content
- Protection and security of the Content (e.g. generating backup copies and using encryption)
We will not be liable for the deletion, correction, destruction, or loss of your Content. If you detect the unauthorised use of your Content, Account, or the Service, contact us right away and we will take prompt action. Please provide your cooperation and assistance if we request it to quickly resolve the issue of unauthorised use.
By agreeing to the terms listed on this page, you agree to not:
- Use the Service to harm other users
- Use the Service to harm the Service (e.g. build a similar service)
- Damage, impair, or burden the Service or any connected network
- Resell or redistribute the Service as a whole or in part
- Utilise unauthorised means to modify or gain access to the Service, or attempt these activities
- Use an automated process or service (e.g. bot) to access or use the Service
You also promise to not encourage or assist a third party with any of the following activities:
- Modify, alter, or damage any Software
- Attempt to reproduce the software used to provide or access the Service
- Use the Service for any purpose or in any manner aside from what is expressly permitted by these Terms, Fair Usage Policy, and other policies applicable to the Service
- Sell, resell, lease, sublicense or transfer any of the rights granted to you to a third party
- Remove or alter any proprietary rights notice related to the Service
- Access or use the Service by improper means to avoid incurring fees or exceeding usage limits
Users using the Service should also not:
- Engage in unlawful activity, perpetrate a hoax, or engage in other forms of data falsification or manipulation
- Send duplicative or unsolicited messages (e.g. spam, chain letters, and pyramid schemes)
- Advertise or promote a product or service which MiracleTek does not deliver
- Interfere with MiracleTek’s servers or networks to disrupt the Service or violate third party regulations, policies, or procedures
- Use password mining or similar means to access or attempt accessing other users’ accounts, systems, or networks
- Cause inordinate burden on the Service, our resources, or capacity
- Share access information (e.g. passwords) or authorise a third party to access or use the Service or Software we provide
Under this agreement, users are not to store or transmit inappropriate Content such as:
- Objectionable material such as unlawful, abusive, pornographic, or defamatory materials
- Material that encourages conduct which could constitute a criminal offense
- Material that violates the rights of others such as intellectual property rights
- Malicious material which can cause a denial of service attack (e.g. viruses and spyware)
- Abusive materials which violate the legal rights of a third party
We reserve the right to deactivate, change, and or request you to change the email address you use for account access. MiracleTek may exercise this right anywhere and at any time, with or without prior notice.
MiracleTek, in its sole discretion, will make all judgements concerning the applicability of these terms. We reserve the right to determine which and what action to respond to such notification. Every action or inaction we determine for a particular instance will not dictate or limit our response to future complaints. We will not presume or have any liability for any action or inaction with respect to Content.
Suspension and Termination of Access to Service
MiracleTek reserves the right to temporarily suspect or terminate your use of the Service at any time, with or without cause, and with or without notice. Instances where we may decide to suspend or terminate access to the Service include, but are not limited to:
- Violation of the Terms of Service (actual or suspected)
- Violation of our Fair Usage Policy
- Use of the Service to disrupt others’ use of the Service
- Use of the Service to legally implicate MiracleTek
- Suspicion or detection of malicious code in your account
- Unplanned technical problems
If we determine your suspension to be indefinite and/or choose to terminate your use of the Service, you will be notified on the email address used to access the Service. You acknowledge that you may no longer have access to the Content stored with the Service once your account has been suspended or terminated.
If MiracleTek terminates your account for reasons other than cause, or at your direction, you may request access to your Content within 30 days following termination, for an additional fee. The Content will not be retrievable otherwise, and we are not obligated to store the data in your account.
In addition to the other provisions in this section, Basic plan account holders may have their accounts terminated if they do not:
- Engage in any activity within 30 days following signing up
- Engage in any activity within 120 days
If your account is terminated on the basis of the aforementioned, your Content may be lost.
MiracleTek does not tolerate the infringement of copyright or other intellectual property rights. Content which appears to infringe rights or violates these terms may be deleted or disabled. We reserve the right to terminate the accounts of repeat infringers.
Electronic Communications from MiracleTek and Partners
As a Miracle Mobile Platform user, you will receive communications or data regarding the Service, including:
- Service-related notices (including violations of use)
- Updates to the Service
- Promotional materials from MiracleTek or Direct Partners
If you do not wish to receive electronic mail from us, please follow the opt-out instructions provided at the bottom of our communications.
Legal Terms and Conditions
Waiver of Rights
Failing to insist upon or enforce any of the provisions of these Terms, or to exercise the rights under these terms is not considered a waiver or relinquishment to assert such provisions. The terms will remain in full force and effect.
Claims Related to Terms or Service
Claims related to these terms or the Service must be filed within one year, unless the local legal authorities require a longer time to file claims. We will permanently bar any claims that are not filed in time.
Limitation of Liability
To the extent permitted by law, MiracleTek, its partners, officers, or employees will not be liable for indirect, incidental, punitive, cover, special, or consequential damages (including damages for lost profit, revenue, or goodwill) regardless of how they were caused, under any theory of liability even if we have been advised as to the possibility of such damages.
To the maximum extent permitted by the law, the aggregate liability of MiracleTek, which includes its partners, officers, and employees, relating to the Service is limited to an amount equal six months of the Service fee or $1,000, whichever is less. The limitations and exclusions also apply if this solution does not fully compensate you.
In jurisdictions which do not allow the limitation of damages, this limitation will not apply to you to the extent prohibited by law.
MiracleTek provides the Service “as is”, “with all faults”, and “as available”. We make no warranties of any kind to the maximum extent permitted by the law, be they express, implied, statutory, or otherwise.
We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We also do not warrant that the Content will be secure or not lost or damaged.
Furthermore, MiracleTek does not offer any warranty of merchantability, fitness for a specific purpose, or any warranty arising out of any course of performance. In jurisdictions which do not allow the forgoing exclusions, such exclusion will not apply solely to the extent prohibited by the law.
MiracleTek may send Service-related information, additional information, and legal information we are bound by the law to provide, in electronic form on the email address you specified when you signed up for the Service.
The notices we email to you will be considered given and received once the email is sent. If you do not consent to receiving notices via email, please cease using the service.
To provide legal notices to us, please send an electronic copy via email to [email protected], and a duplicate copy via registered mail to the following address: MiracleTek (Pty) Ltd., 68 Hasler Road, Osborne Park WA 6017, Australia. Notices must specifically reference they are notices given under these terms.
Legal Assistance and Indemnification
To the extent permitted by law, you agree to defend MiracleTek against loss, damage, or other liability arising from demands or claims that the Content you provided or your use of the Service:
- Infringes a third party’s copyright, registered trademark, or registered patent
- Misappropriates a trade secret (not as a result of MiracleTek’s actions
- Violates applicable law or the terms on this page
We will notify you in case a claim or demand of this nature arises and is subject to your indemnification obligation.