Terms & Conditions

Last Updated: 1st May 2024

These terms and conditions (“Terms”) will govern the relationship between you (“you” or “your”) and Sutisno Pty Limited (“Sutisno”) regarding your installation and use of Sutisno applications (“App”), https://sutisno.com, https://sutisno.io websites and all associated sites linked to https://sutisno.com or https://sutisno.io by Sutisno (“Site”), and every social media account (individually and collectively referred to as the “Services”), offered by Sutisno.

If there is any inconsistency between these Terms and our Privacy Policy (“Privacy Policy”) these Terms will prevail, to the extent of the inconsistency only.

1. Conditions of use

By downloading, installing, copying, accessing or using our Services you acknowledge that you have read, understand and agree to accept and be bound by these Terms, Privacy Policy and any other special terms and conditions appearing on our Services from time to time.

Sutisno has sole responsibility for the interpretation of the Terms and no correspondence about the same will be entered into. Sutisno reserves the right and may at its discretion amend, modify, change or remove the Terms at any time without notice.

If you are agreeing to these Terms and Conditions on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the Service through your account to these Terms and Conditions. In the absence of such an authority, you may not use the Service.

2. App End User Licence

The App is licensed, not sold. The App includes all software and further includes any accompanying manual(s), files, electronic or on-line materials or documentation, and any and all copies of such software and its materials. By opening the App, installing, and/or using the App and any other materials included with the App, you hereby accept these Terms with Sutisno Pty Limited  ("Licensor"). If you do not agree to these Terms do not install, or use the App.

3. License

Subject to these Terms, we hereby grant to you the nonexclusive, non-transferable, limited right and license to use one copy of the App for your personal non-commercial use on a single computer or technology unit (including but not limited to tablets and smart phones) (“Device”), unless otherwise specified in the App documentation. The term of your license under these Terms will commence on the date that you install or otherwise use the App and ends on the earlier date of either your disposal of the App or the Licensor’s termination of these Terms. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the App. The App is being licensed to you and you hereby acknowledge that no title or ownership in the App is being transferred or assigned and these Terms should not be construed as a sale of any rights in the App. All rights not specifically granted under these Terms are reserved by Licensor and, as applicable, its licensors.

4. Ownership

Unless otherwise indicated, we retain all right, title and interest to the App, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio visual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The App is protected by Australian copyright and trademark law and applicable laws and treaties throughout the world. The App may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from us. Any individual copying, reproducing or distributing all or any portion of the App in any manner or medium, will be wilfully violating the copyright laws and may be subject to civil and/or criminal penalties in Australia or their local country. The App contains certain licensed materials and our licensors may also protect their rights in the event of any violation of these Terms. All rights not expressly granted to you herein are reserved by us.

5. License Conditions

You agree not to: (a) commercially exploit the App; (b) distribute, lease, license, sell, rent or otherwise transfer or assign the App, or any copies of the App, without the express prior written consent of us or as set forth in these Terms; (c) make a copy of the App or any part thereof (other than as set forth herein); (d) make a copy of the App available on a network for use or download by multiple users; (e) except as otherwise specifically provided by the App or these Terms, use or install the App (or permit others to do same) on a network, for online use; (f) reverse engineer, decompile, disassemble, prepare derivative works based on or otherwise modify the App, in whole or in part; or (g) remove or modify any proprietary notices, marks or labels contained on or within the App.

6. Technical Protections

The App may include measures to control access to the App, control access to certain features or content, prevent unauthorised copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Additional terms and registration may be required to access such features or content and to download App updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the App will not function properly.

7. Internet Connection

In order for the App to operate, you may be required to have and maintain an adequate internet connection. If you do not maintain such a connection, the App may not operate properly.

8. Indemnification

You hereby expressly and irrevocably release and forever discharge Sutisno, its affiliated and associated companies and its authorised distributors, and their respective directors, officers, owners, members, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.

You agree to indemnify, defend, and hold harmless Sutisno, it’s owners, members, officers, directors, employees, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this agreement, breach of your representations contained herein, or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Services.

9. Warranty Disclaimer

Without limiting Sutisno’s liability described below, the Services is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. We do not warrant that you will be able to access or use the Services at the times or locations of your choosing; that the Services will be uninterrupted or error-free; that defects will be corrected; or that the Services is free of viruses or other harmful components.

We do not warrant the performance in any manner whatsoever of the Services on your specific computer or Device. We do not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free, or that the Services will be compatible with third party software or hardware or that any errors in the Services will be corrected. No oral or written advice provided by us or any authorised representative will create a warranty. As some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you.

In no event will Sutisno be liable for special, incidental or consequential damages resulting from possession, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, computer/device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these Terms and/or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise, whether or not we have been advised of the possibility of such damages. In no event will our liability for all damages (except as required by applicable law) exceed the actual price (if any) paid by you for use of the Services as applicable.

10. Limitation of Liability

Sutisno will not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to the Services whether based on contract, tort or any other legal theory, and whether or not Sutisno has been advised of the possibility of such damages. Sutisno will not be liable to you for more than the amount you have paid to Sutisno for the Services in accordance with these terms. You acknowledge and agree that if you have not paid anything to Sutisno during such time period, your sole remedy (and Sutisno’s exclusive liability) for any dispute with Sutisno is to stop using the service and to cancel your account.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Sutisno may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Sutisno’s liability shall be the minimum permitted under such applicable law.

You agree to indemnify, defend and hold us, our partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Services pursuant to these Terms.

11. Dispute Resolution and Law

If a dispute arises between you and Sutisno, we encourage you to first contact us directly to seek a resolution from our support team at support@sutisno.com.

Any dispute that arises out of or related to these Terms will be governed in all respects by the laws of New South Wales, Australia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Sutisno must be resolved exclusively by a court located in New South Wales, Australia.

12. Termination

We may terminate or suspend any and all Services, without prior notice or liability, for any reason whatsoever. Upon termination of our Services, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.

13. Changes to Terms

We reserve the right to change these Terms at any time, to improve clarity or to reflect changes in our product or business. When we do, we will post an updated version on our website, including the date that these Terms were last updated. By continuing to use our Services, you consent to the revised Terms.

14. Governing Law and Jurisdiction

These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia.  Any disputes concerning the Service are to be resolved by the courts having jurisdiction in New South Wales, Australia.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.