Petal License Terms

Last updated: 3rd January 2022

1. Introduction

Petal Components is an open source component library, which adopts the MIT license and can be viewed here.

The following licenses apply to all other Petal products (Petal Pro and any other products we provide, currently or in the future).

2. Definitions

Licensee (Standard License) - is an individual who purchases a Standard License.

Licensee (Team License) - is a business entity that purchases a Team License.

Licensor - we (‘Everfree Pty Ltd’) are the Licensor that grant you a license to use our Products.

Products - unless specified otherwise, refers to the source code and design assets we make available to the Licensee after purchasing a Petal license.

End Product - refers to any completed project/product produced that incorporates our products or modifications of our products.

End User - refers to the user of an End Product.

Client - is an individual or entity receiving professional services directly/indirectly from the Licensee, this excludes customers of software-as-a-service (SaaS) products.

Employee - is a full-time, part-time or casual employee of the Licensee.

Contractor - is an independent individual or business entity contracted to conduct services for the Licensee.

3. Standard License

Everfree Pty Ltd (Licensor), grants you an ongoing, non-exclusive license to use our Products.

The Standard License grants use of the Products outlined earlier in this agreement, to one individual (the Licensee).

Under the Standard License, the following is permitted :

  • Use our products to create unlimited personal projects and/or projects for Clients (End Products), including where those projects intend to sell their own products to End Users;
  • Modify our Products in any way you see fit to create new End Products, however those new End Products will remain subject to this license.

Under the Standard License, the following is not permitted :

  • Share your access to our Products with another individual;
  • Re-distribute our Products or modifications of our Products (neither code nor design assets) separately from a completed End Product.
  • Use our Products to create a project that enables end users to create their own End Products.

Essentially, it is fine to build anything you like, as long as it does not directly/indirectly compete with our products and affect our product sales.

If you have any further concerns about what is permitted or not, please contact us at support@petal.build .

4. Team License

Everfree Pty Ltd (Licensor), grants you an ongoing, non-exclusive license to use our Products.

The Team License grants use of the Products outlined earlier in this agreement, to all Employees and Contractors of the Licensee.

Under the Team License, the following is permitted :

  • Use our products to create unlimited projects and/or projects for Clients (End Products), including where those projects intend to sell their own products to End Users;
  • Modify our Products in any way you see fit to create new End Products, however those new End Products will remain subject to this license.

Under the Team License, the following is not permitted :

  • Use our Products or modifications of our Products to create new End Products for anyone other than the Licensee or Clients of the Licenesee.
  • Use our Products to create a project that enables end users to create their own End Products.
  • Re-distribute our Products or modifications of our Products (neither code nor design assets) separately from a completed End Product.

5. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of Victoria, Australia. Your use of our Service and this contract are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. Our Service may be accessed throughout Australia and overseas. We make no representation that our Service complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Service from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Service or Products.

6. Warranties, Disclaimers and Indemnity

To the extent permitted by law, we make no representations or warranties about our Service or Products including (without limitation) that:

  1. access will be uninterrupted, error-free and free from viruses;
  2. Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

  3. our maximum aggregate Liability arising from or in connection with this contract (including the services we provide and/or the subject matter of this contract) will be limited to $100; and
  4. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  5. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
    1. event or circumstance beyond our reasonable control;
    2. acts or omissions of you or your personnel;
    3. any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
    4. use of our Service or Content;
    5. any injury or loss to any person;
    6. Content which is incorrect, incomplete or out-of-date; or
    7. breach of this contract or any law.
  6. You agree that, to the maximum extent permitted by law, this contract excludes all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in this contract.
  7. This clause will survive the termination or expiry of this contract.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of this contract or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under this contract, and continues after this contract ends. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under this contract.

To the extent permitted by law, we make no representations or warranties about our Service or Products including (without limitation) that:

7. Support

If you are unsure about which license you should purchase, please email us at support@petal.build with any questions.

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