1. Agreement and Acceptance

These Terms of Use ("Terms") constitute a legally binding agreement between you and MATTER DIGITAL TECHNOLOGY PTY LTD (ABN 69 654 616 172) ("we", "us", "our", "Folkal") regarding your use of the Folkal platform and services available at www.folkal.com and related domains ("Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Service.

2. Eligibility and Age Requirements

By using our Service, you represent and warrant that:

  • You are at least 18 years of age
  • You do not require parental consent to enter into these Terms
  • You have the legal capacity to enter into this agreement
  • Your use of the Service complies with all applicable laws and regulations

3. Service Description

Folkal is a digital marketing platform that enables:

  • User account creation and management
  • Organisation account setup and administration
  • Integration with third-party platforms (Google My Business, Shopify, payment systems)
  • Content creation, upload, and management
  • Website widget deployment for displaying user-generated content
  • Product recommendation and video content features
  • Content syndication between organisations

4. User Accounts and Registration

4.1 Account Creation

To use certain features, you must create an account by providing accurate information including your name and email address. You are responsible for maintaining the confidentiality of your account credentials.

4.2 Account Responsibilities

You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account
  • Notify us immediately of any unauthorised access
  • Accept responsibility for all activities under your account
4.3 Organisation Accounts

Organisation accounts may designate administrative users who can assign permissions to other users. Administrative users are responsible for managing access and ensuring compliance with these Terms.

5. Content and Intellectual Property

5.1 User-Generated Content

When you upload content (including videos, images, recommendations) to an organisation account, you hereby:

  • Grant the organisation exclusive, irrevocable, perpetual, worldwide, royalty-free rights to use, reproduce, modify, distribute, and display such content
  • Transfer all copyright and intellectual property rights in the content to the organisation
  • Waive any moral rights you may have in the content
  • Acknowledge that the organisation may use the content for any marketing, commercial, or business purposes
5.2 Attribution and Ongoing Rights
  • You will be attributed as the creator of uploaded content
  • Any rewards or incentives assigned by the organisation for content creation will continue to be attributed to you
  • Content copyright transfer remains valid even after you leave the organisation
  • You cannot delete content once copyright has been transferred, though you may request deletion from the organisation
5.3 Content Syndication

Organisations may share content with other organisations through our syndication features. Content you create may appear on multiple organisation websites while maintaining your attribution.

5.4 Content Warranties

By uploading content, you warrant that:

  • You own all rights to the content or have permission to grant the rights described above
  • The content does not infringe any third-party rights
  • The content complies with all applicable laws and these Terms

6. Acceptable Use Policy

6.1 Permitted Use

You may use our Service only for lawful purposes related to digital marketing and information sharing.

6.2 Prohibited Activities

You must not:

  • Use the Service for any criminal activity or illegal purposes
  • Upload content that is defamatory, offensive, harmful, or inappropriate
  • Attempt to gain unauthorised access to our systems or other users' accounts
  • Interfere with or disrupt the Service or servers
  • Use the Service to spam, harass, or harm others
  • Violate any applicable laws or regulations
  • Reverse engineer, decompile, or attempt to extract source code
6.3 Content Moderation

While organisations are primarily responsible for moderating content within their accounts, we reserve the right to remove any content that violates these Terms or applicable law.

7. Service Availability and Limitations

7.1 Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may experience downtime due to:

  • System maintenance and updates
  • Third-party hosting provider issues
  • Technical failures or cyber security incidents
  • Other circumstances beyond our reasonable control
7.2 No Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Payment Terms

8.1 Subscription Plans

We offer both free and paid subscription plans. Paid features are only available to users on appropriate subscription tiers.

8.2 Payment Processing

Payments are processed through third-party payment providers. We do not store payment card information but may retain payment tokens for subscription management.

8.3 Non-Payment

We may suspend or terminate accounts for non-payment of subscription fees.

9. Limitation of Liability

9.1 Liability Exclusions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
  • SERVICE INTERRUPTIONS OR SECURITY BREACHES
  • THIRD-PARTY ACTIONS OR CONTENT
  • ANY DAMAGES EXCEEDING THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM
9.2 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies rights or remedies you may have under the Australian Consumer Law or other applicable consumer protection laws that cannot be excluded, restricted, or modified by agreement.

10. Indemnification

You agree to indemnify and hold harmless Folkal, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the Service
  • Your content or conduct
  • Your violation of these Terms
  • Your violation of any third-party rights

11. Account Termination

11.1 Termination by You

You agree to indemnify and hold harmless Folkal, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the Service
  • Your content or conduct
  • Your violation of these Terms
  • Your violation of any third-party rights
11.2 Termination by Us

We may suspend or terminate your account immediately and without notice for:

  • Non-payment of fees
  • Violation of these Terms
  • Illegal or harmful activity
  • Any other reason at our sole discretion
11.3 Effect of Terminations

Upon termination:

  • Your access to the Service will cease
  • We may delete your account and personal information (subject to our Privacy Policy)
  • Transferred content rights remain with organisations
  • These Terms will continue to apply to any remaining obligations

12. Dispute Resolution

12.1 User-Organisation Disputes

Disputes between users and organisations regarding content, permissions, or other matters are the responsibility of the parties involved. Folkal is not responsible for mediating such disputes.

12.2 Disputes with Folkal

Any disputes with Folkal should first be addressed through direct communication. If resolution cannot be reached, disputes will be governed by Australian federal law and subject to the jurisdiction of Australian courts.

13. Third-Party Integrations

We facilitate integrations with third-party services but are not responsible for:

  • The availability, functionality, or security of third-party services
  • Any changes to third-party terms or policies
  • Data handling practices of integrated services
  • Any issues arising from third-party service use

14. Privacy

Your privacy is important to us. Please review our Privacy Policy at www.folkal.com/privacy-policy, which explains how we collect, use, and protect your information.

15. Modifications to Terms

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be notified to users. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

16. General Provisions

16.1 Governing Law

These Terms are governed by Australian federal law.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

16.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Folkal regarding the Service.

16.4 Assignment

We may assign our rights and obligations under these Terms without notice. You may not assign your rights without our written consent.

17. Contact Information

For questions about these Terms, contact us at:

MATTER DIGITAL TECHNOLOGY PTY LTD

Email: [Insert Email]

Address: [Insert Address]

ABN: 69 654 616 172

These Terms of Use are governed by Australian federal law and were last updated on [Insert Date].

Instructions
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At Folkal, we prioritize clarity and transparency in our terms of service. By using our platform, you agree to adhere to these guidelines, which are designed to enhance your experience and ensure a safe environment for all users.

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Our services are intended for users who are at least 18 years old. By accessing our platform, you confirm that you meet this age requirement and will comply with all applicable laws.

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You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. Please notify us immediately of any unauthorized use of your account.

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We reserve the right to modify or terminate our services for any reason, without notice. We will not be liable for any changes that may affect your access to our platform.

"Your trust is our priority. We strive to provide a secure and reliable service that meets your needs and expectations."

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By using our services, you agree to comply with our privacy policy and terms of use. For any questions or concerns, please contact our support team.