Terms and Conditions

Acceptance of Terms

By using the Stem-Builder web site (‘Service’) and all services of Sprout Labs ABN 77375137442, you agree to be bound by the following terms and conditions (‘Terms of Service’), including any subsequent changes or modifications to them. If you do not agree to these Terms or to our Privacy Policy, please do not access the Stem-Builder web site or services.

Sprout Labs reserves the right to update and change the Terms of Service.

Governing Law

Sprout Labs controls and operates this web site from its offices within Australia. Our Terms of Use are governed by the laws of Australia. You and Sprout Labs agree to submit to the non-exclusive jurisdiction of the courts of Australia. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

Privacy and Communications

You acknowledge and agree that Sprout Labs may occasionally send you communications regarding your account or the Service or other Sprout Labs news and activities via email.

See the Privacy Policy, which is incorporated into this Agreement, as reference.

Accounts, Passwords, and Security

You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name.

We reserve the right to terminate your account at any time. You also have the option of cancelling your account at any time without penalty. In the event of account cancellation, you will lose all data related to your account.

You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process.

 Your login may only be used by one person – a single login shared by multiple people is not permitted.

You are responsible for all content posted and all activity that occurs under your account.

Acceptable Use and Conduct

You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Sprouts Labs and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.

The Software and Service are made available to you, your company, and/or your customers only for personal, educational, or commercial use, which use must be in compliance with all applicable laws, rules, and regulations and must not infringe upon or violate third-party rights.

Any unauthorised use of any Sprout Labs Service is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorised user and his or her agents to civil and criminal penalties.

Modifications to the Service and Prices

Sprout Labs reserves the right from time to time and at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Sprout Labs reserve the right to add charges to the service in the future.

Prices/Cost of all Services, including but not limited to monthly/yearly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Stem-Builder site, via email, or in a message from the Service itself.

Sprout Labs shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Copyright and Content Ownership

The Service is protected by copyright under the laws of Australia and other countries through international treaties.

All content used on the Service must comply with copyright law. Sprout Labs claims no intellectual property rights over the material you provide to the Service. All of the materials you upload remain yours.

You acknowledge that Sprout Labs owns all rights, title, and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected under international intellectual property laws.

Stem-Builder is a modified version of the Silverstripe framework. Sprout Labs claims no rights, titles and interest in the Silverstripe framework.

You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

You may copy, reproduce, alter, modify, or create derivative works of Stem-Play the open source player.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis.

Support will be provided using online communication, e.g., email and forums.

 With free and trial accounts, there is no guarantee that support and assistance will be provided now or in the future.

Sprout Labs shall not be liable for any advice or assistance you receive from Sprouts Labs’ employees or other Stem-Builder community members.

Sprout Labs does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or (v) that any errors in the Service will be corrected. 

You understand that Sprout Labs uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Sprout Labs is not liable for the security or performance of other services.

 We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Sprout Labs customer, employee, member, or officer will result in immediate account termination. This includes behaviour on support forums.

You must not transmit any worms or viruses or any code of a destructive nature. 

Force Majeure

Neither party shall be responsible for any failure to perform, or delay in performing, any of its obligations under this Agreement, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, delays caused by the other party, failures caused by a third-party service, acts of God or of a public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like.

 Questions about the Terms of Service should be sent to info@sproutlabs.com.au