PIM Cloud customers read our updated Terms and Conditions below:
Last Updated: 10 February 2025
This document (Agreement) contains the terms and conditions that govern your access to and use of the Property Inspection Manager software product and the Services (as defined below) and is an agreement between Aspire Digital Solutions Pty Ltd T/as Property Inspection Manager ABN 85 145 588 370 (also referred to as "PIM", "we", "us" or "our") and you or the entity you represent ("you" or "your").
This Agreement takes effect on the earlier of the following (Effective Date): (a) when you click an "I Accept" or a "Create Account" button or a check box presented with these terms; or (b) if you have created an account with us in some other manner, when we confirm to you that you have created an account with us incorporating these terms; or (c) when you log into or use any of the Services.
You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
Definitions of certain capitalised terms used in this Agreement are provided under the heading "Definitions" below.
PIM responsibilities
You may access and use the Services in accordance with this Agreement. We may change or discontinue any of the Services from time to time.
You consent to the storage of Your Content in, and transfer of Your Content into, Australia. We will not access or use Your Content except as necessary to maintain or provide the Services, or as necessary to comply with the law or a binding order of a governmental body. We will not (a) disclose Your Content to any government or third party or (b) move Your Content from Australia; except in each case as necessary to comply with the law or a binding order of a governmental body. Unless it would violate the law or a binding order of a governmental body, we will give you notice of any such legal requirement or order. We will only use your Account Information in accordance with the Privacy Policy, and you consent to such usage. The Privacy Policy does not apply to Your Content.
Your Responsibilities
You will comply with the terms of this Agreement and all laws, rules and regulations applicable to your use of the Services.
To access the Services, you must have a PIM account associated with a valid email address. You will only create one account per email address. You will at all times ensure that your Account Information is accurate, complete and current.
Except to the extent caused by our breach of this Agreement: (a) you are responsible for all activities that occur under your account, regardless of whether the activities are authorised by you or undertaken by you, your employees or a third party (including your contractors, agents or End Users); and (b) we and our affiliates are not responsible for unauthorised access to your account. You are responsible for safeguarding your login details / password / credentials.
You are responsible for Your Content. You will ensure that Your Content and your End Users' use of Your Content or the Services will not violate any of the Policies or any applicable law.
You are responsible for properly configuring and using the Services and otherwise taking appropriate action to secure, protect and backup your accounts and Your Content in a manner that will provide appropriate security and protection, which might include use of encryption to protect Your Content from unauthorised access and routinely archiving Your Content. You are responsible to maintain a complete and accurate copy of Your Content in a location independent of the Service.
You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this Agreement, Your Content or use of the Services. You are responsible for End Users' use of Your Content and the Services, and for their compliance with your obligations under this Agreement.
Fees and payment
Any free trial of the Services: (a) is for the limited time and specified by us; (b) covers only those Services specified by us; and (c) and may be modified or cancelled by us at any time. You must comply with all other provisions of this Agreement during the free trial period. If you wish to use the Services after the expiry of the free trial period, our usual fees and charges apply. Our usual fees and charges are described on the PIM Site.
You will pay us the applicable fees and charges for use of the Services, using one of the payment methods we support. The fees and charges payable by you will be those applicable to the subscription plan you have selected.
Subscriptions: (a) will be for the monthly or annual subscription period confirmed to you on selecting your subscription plan; (b) will automatically renew at the end of each subscription period, unless you or we cancel your subscription before such automatic renewal; and (c) are billed in advance for the period of the subscription. You may cancel your subscription at any time by notice to us. No refunds will be payable in respect of part periods, except that we will refund the unexpired portion of an annual subscription (minus a $100 administration fee) if you cancel your subscription.
We may increase or add new fees and charges for any existing Services you are using by giving you at least 30 days' prior notice. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on the PIM Site, unless we expressly state otherwise in a notice.
For subscriptions, any increased or new fees and charges will apply from the date given in the notice, being no earlier than the date of the start of the next subscription period after giving the notice.
All amounts payable by you under this Agreement will be paid to us without setoff or counterclaim, and without any deduction or withholding. We may elect to charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments.
Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. All fees payable by you are exclusive of Indirect Taxes, except where applicable law requires otherwise. We may charge and you will pay applicable Indirect Taxes that we are legally obligated or authorised to collect from you. You will provide such information to us as reasonably required to determine whether we are obligated to collect Indirect Taxes from you. All payments made by you to us under this Agreement will be made free and clear of any deduction or withholding, as required by law. If any such deduction or withholding (including cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us is equal to the amount then due and payable under this Agreement.
Temporary suspension
We may at any time temporarily suspend your PIM account immediately, without cause, and without prior notice or liability.
We may also suspend your or any End User's right to access or use any portion or all of the Services for cause immediately upon notice to you if we determine: (a) your or an End User's use of the Services (i) poses a security risk to the Services or any third party, (ii) could adversely impact our systems, the Services or the systems or Content of any other PIM customer, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent; (b) you are, or any End User is, in breach of this Agreement; (c) you are in breach of your payment obligations under this Agreement; or (d) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganisation, liquidation, dissolution or similar proceeding.
If we suspend your PIM account or if we suspend your right to access or use any portion or all of the Services, you remain responsible for all fees and charges you incur during the period of suspension.
Term and Termination.
The term of this Agreement will commence on the Effective Date and will remain in effect until terminated. Any notice of termination of this Agreement by either party to the other must include a Termination Date that complies with the notice periods below.
You may terminate this Agreement for any reason by providing us notice and closing your account for all Services for which we provide an account closing mechanism. We may terminate this Agreement for any reason by providing you at least 30 days' advance notice.
Either party may terminate this Agreement for cause if the other party is in material breach of this Agreement and the material breach remains uncured for a period of 30 days from receipt of notice by the other party. No later than the Termination Date, you will close your account.
We may also terminate this Agreement immediately upon notice to you: (a) for cause if we have the right to suspend for cause under the heading "Temporary suspension" above; (b) if our relationship with a third-party partner who provides software or other technology we use to provide the Services expires, terminates or requires us to change the way we provide the software or other technology as part of the Services; or (c) in order to comply with the law or requests of governmental entities.
Upon the Termination Date: (a) all your rights under this Agreement immediately terminate; (b) you remain responsible for all fees and charges you have incurred up to the Termination Date; (c) you will immediately return or, if instructed by us, destroy all PIM Content in your possession; and (d) the below provisions with the headings "Proprietary Rights", "Indemnification", "Disclaimers", "Limitation of Liability", "Miscellaneous" and "Definitions" will continue to apply in accordance with their terms.
Proprietary Rights
Except as provided here, we obtain no rights under this Agreement from you (or your licensors) to Your Content. You consent to our use of Your Content to provide the Services to you and any End Users.
You represent and warrant to us that: (a) you or your licensors own all right, title, and interest in and to Your Content and Suggestions; (b) you have all rights in Your Content and Suggestions necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content or End Users' use of Your Content or the Services will violate the Acceptable Use Policy.
The Intellectual Property License applies to your use of PIM Content and the Services.
Neither you nor any End User will use the PIM Content or Services in any manner or for any purpose other than as expressly permitted by this Agreement. Neither you nor any End User will, or will attempt to (a) reverse engineer, disassemble, or decompile the Services or PIM Content or apply any other process or procedure to derive the source code of any software included in the Services or PIM Content (except to the extent applicable law doesn't allow this restriction), (b) access or use the Services or PIM Content in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (c) resell the Services or PIM Content.
The PIM Trademark Guidelines apply to your use of the PIM Marks.
You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavours). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement.
If you provide any Suggestions to us or our affiliates, we and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Suggestions.
Indemnification
You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim concerning: (a) your or any End Users' use of the Services (including any activities under your PIM account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you, End Users or Your Content; or (c) a dispute between you and any End User. You will reimburse us for reasonable legal fees, as well as our employees' and contractors' time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described in (a) through (c) above at our then-current hourly rates.
Disclaimers
THE SERVICES AND PIM CONTENT ARE PROVIDED "AS IS". EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS:
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES OR PIM CONTENT OR THE THIRD-PARTY CONTENT; AND
DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICES OR PIM CONTENT OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
Limitations of Liability
WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH:
YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR PIM CONTENT, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES OR PIM CONTENT, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER ANY SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR PIM CONTENT;
ANY UNAUTHORISED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA; OR
THIRD-PARTY CONTENT.
IN ANY CASE, OUR AND OUR AFFILIATES' AND LICENSORS' AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE.
THE ABOVE LIMITATIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Modifications to the Agreement
We may modify this Agreement (including any Policies) at any time by posting a revised version on the PIM Site or by otherwise notifying you. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Services or PIM Content after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the PIM Site regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the beginning of this Agreement.
Miscellaneous
You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or transfer in violation of this restriction will be void. We may assign this Agreement without your consent (a) in connection with a merger, acquisition or sale of all or substantially all of our assets, or (b) in connection with a sale of the Property Inspection Manager software product, or (c) to any affiliate or as part of a corporate reorganisation; and effective upon such assignment, the assignee is deemed substituted for PIM as a party to this Agreement and PIM is fully released from all of its obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
This Agreement incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement (but does not supersede prior commitments to purchase Services). We will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) including for example, any term, condition or other provision (a) submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document, (b) related to any online registration, response to any Request for Bid, Request for Proposal, Request for Information, or other questionnaire, or (c) related to any invoicing process that you submit or require us to complete. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control.
We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
The Governing Laws, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
Any dispute or claim relating in any way to your use of the Services, or to any products or services sold or distributed by PIM will be adjudicated in the Governing Courts, and you consent to exclusive jurisdiction and venue in the Governing Courts, subject to the following arbitration agreement. Disputes will be resolved by arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with the then-applicable ACICA Arbitration Rules, and judgment on the arbitral award may be entered in any court having jurisdiction. The arbitration will take place in Perth, Western Australia. There will be three arbitrators. The fees and expenses of the arbitrators and the administering authority, if any, will be paid in equal proportion by the parties. The parties agree that the existence of and information relating to any such arbitration proceedings will not be disclosed by either party and will constitute confidential information.
We and you are independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
All communications and notices made or given pursuant to this Agreement must be in the English language.
You may use PIM Confidential Information only in connection with your use of the Services or PIM Content as permitted under this Agreement. You will not disclose PIM Confidential Information during the Term or at any time during the 5-year period following the end of the Term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorised use of PIM Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You will not issue any press release or make any other public communication with respect to this Agreement or your use of the Services or PIM Content.
We may provide any notice to you under this Agreement by: (i) posting a notice on the PIM Site; or (ii) sending a message to the email address then associated with your account. Notices we provide by posting on the PIM Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
To give us notice under this Agreement, you must contact PIM by email or personal delivery, courier or registered or certified mail to the email address or mailing address, as applicable, listed below. We may update the email address or mailing address for notices to us by posting a notice on the PIM Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or courier will be effective one business day after they are sent, provided they are actually received. Notices provided registered or certified mail will be effective three business days after they are sent, provided they are actually received.
Email address: sales@propertyinspectionmanager.com
Mailing address: Aspire Digital Solutions Pty Ltd T/as Property Inspection Manager
Attention: Notices
Level 2 East, 300 Murray Street
The Wentworth Building, Off Raine Lane
PERTH WA 6000
Except as set forth above under the heading "Indemnification", this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.
The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
You agree to the following modifications to the Agreement as described below:
If the Services are subject to any statutory guarantees under the Australian Competition and Consumer Act 2010, then to the extent that any part of this Agreement is unenforceable under such Act, you agree that a fair and reasonable remedy to you will be limited to, at our election, either: (i) supplying the Services again; or (ii) paying for the cost of having the Services supplied again.
Definitions
"Acceptable Use Policy" means the below policy as may be updated by us from time to time:
This Acceptable Use Policy (Policy) governs your use of the services offered by Aspire Digital Solutions Pty Ltd T/as Property Inspection Manager ABN 85 145 588 370 and its affiliates (Services) and our website(s) including https://www.propertyinspectionmanager.com (PIM Site). We may modify this Policy by posting a revised version on the PIM Site. By using the Services or accessing the PIM Site, you agree to the latest version of this Policy.
You may not use, or facilitate or allow others to use, the Services or the PIM Site:
for any illegal or fraudulent activity;
to violate the rights of others;
to threaten, incite, promote, or actively encourage violence, terrorism, or other serious harm;
for any content or activity that promotes child sexual exploitation or abuse;
to violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device;
to distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (or "spam").
We may investigate any suspected violation of this Policy, and remove or disable access to any content or resource that violates this Policy. You agree to cooperate with us to remedy any violation.
When determining whether there has been a violation of this Policy, we may consider your ability and willingness to comply with this Policy, including the policies and processes you have in place to prevent or identify and remove any prohibited content or activity.
To report any violation of this Policy, please email sales@propertyinspectionmanager.com.
"Account Information" means information about you that you provide to us in connection with the creation or administration of your PIM account. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your PIM account.
"Content" means software (including machine images), data, text, audio, video, or images.
"End User" means any individual or entity that directly or indirectly through another user (a) accesses or uses Your Content, or (b) otherwise accesses or uses the Services under your account. The term "End User" does not include individuals or entities when they are accessing or using the Services or any Content under their own PIM account, rather than under your account.
"Governing Laws" means the laws of Western Australia.
"Governing Courts" means the courts of Western Australia.
"Indirect Taxes" means applicable taxes and duties, including, without limitation, VAT, service tax, GST, excise taxes, sales and transactions taxes, and gross receipts tax.
"Intellectual Property License" means the below separate license terms that apply to your access to and use of PIM Content and Services, as may be updated by us from time to time:
This Intellectual Property License ("License") governs your use of PIM Content and the Services. Capitalised terms used but not defined in this License are defined in the document governing your use of the Services (the "Agreement").
1. Aspire Digital Solutions Pty Ltd T/as Property Inspection Manager ABN 85 145 588 370 grants this License ("PIM Licensor").
2. This License forms a separate agreement between you and the PIM Licensor without any further action required by the parties. PIM Licensor grants this License in its own capacity and no other party is acting as agent of PIM Licensor or has capacity to bind PIM Licensor.
3. PIM Licensor or its licensors own all right, title, and interest in and to the Services, PIM Content, and all related technology and intellectual property rights. Subject to the terms of this License and the Agreement, PIM Licensor grants you a limited, royalty-free, revocable, non-exclusive, non-sublicensable, non-transferrable license to copy and use the PIM Content solely in connection with your permitted use of the Services during the Term. Solely to the extent that applicable law requires the exercise of intellectual property rights owned by PIM Licensor or its licensors for you to access or use any Service, PIM Licensor grants you a limited, royalty-free, revocable, non-exclusive, non-sublicensable and non-transferrable license to exercise such intellectual property rights during the Term and subject to the terms of this License and the Agreement. No other entity is entitled to or purports to grant or procure the grant of this License. Except as expressly provided in this Section 3, you obtain no other rights under the Agreement or this License from PIM Licensor, its affiliates or suppliers to the Services and PIM Content, including any related intellectual property rights. Some PIM Content and Third-Party Content may be provided to you under a separate license. In the event of a conflict between this License and any separate license, the separate license will prevail with respect to the PIM Content or Third-Party Content that is the subject of such separate license.
4. Neither you nor any End User will use the Services or PIM Content in any manner or for any purpose other than as expressly permitted by this License and the Agreement. Neither you nor any End User will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Services or PIM Content (except to the extent such Content is provided to you under a separate license that expressly permits the creation of derivative works), or (b) sublicense the Services or PIM Content. These license restrictions will continue to apply following the termination of this License.
"Losses" means any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees).
"PIM Confidential Information" means all non-public information disclosed by us, our affiliates, business partners, or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. PIM Confidential Information includes: (a) non-public information relating to our or our affiliates or business partners' technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. PIM Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the PIM Confidential Information.
"PIM Content" means application program interfaces, sample code, software libraries, command line tools, proofs of concept, templates, advice, information, programs and any other Content made available by us and our affiliates related to use of the Services or on the PIM Site and other related technology (including any of the foregoing that are provided by our personnel). PIM Content does not include the Services or Third-Party Content.
"PIM Marks" means any trademarks, service marks, service or trade names, logos, and other designations of PIM and its affiliates relating to the Property Inspection Manager software that we may make available to you in connection with this Agreement.
"PIM Site" means https://www.propertyinspectionmanager.com (and any successor or related locations designated by us), as may be updated by us from time to time.
"PIM Trademark Guidelines" means the below guidelines and trademark license, as may be updated by us from time to time:
These PIM Trademark Guidelines apply to your use of the PIM Marks. Capitalised terms used but not defined in these Guidelines are defined in the document governing your use of the Services (the "Agreement").
1. Aspire Digital Solutions Pty Ltd T/as Property Inspection Manager ABN 85 145 588 370 issues these Guidelines ("PIM Licensor")
2. Provided that you are a PIM customer in good standing with a current and valid account for use of the Services and that you comply at all times with the Agreement, PIM Licensor grants you a non-exclusive, royalty-free, and revocable license to use the PIM Marks solely to identify Your Content (as defined in the Agreement) as using the Services.
3. Your license to use the PIM Marks will automatically terminate and you must immediately stop using the PIM Marks if at any time (i) the Agreement is terminated or you otherwise cease to be a PIM customer in good standing; or (ii) Your Content no longer uses any of the Services.
4. You may not transfer, assign or sublicense your license to use the PIM Marks. Any use of the PIM Marks outside the scope of the foregoing license requires Licensor's prior written permission.
5. You will not misrepresent or embellish the relationship between you and PIM. You will not display the PIM Marks in any manner that implies (i) that PIM supports, sponsors, endorses, or contributes to your business endeavours; (ii) that Your Content, website, product or service, has been authored or edited by us, or represents our views or opinions; or (iii) any relationship or affiliation between you and PIM except as expressly permitted by the relevant terms and conditions, or as otherwise expressly permitted by us in writing.
6. You will not use the PIM Marks to disparage us or our products or services or display the PIM Marks in any manner that is misleading, unfair, defamatory, infringing, libellous, disparaging, obscene, or otherwise objectionable as determined by us in our sole discretion.
7. You may link PIM Marks to https://www.propertyinspectionmanager.com. You may open the URL in a new browser window. You may not link the PIM Marks to any other website. You may not frame or mirror any of our website pages.
8. You must include the following statement in any materials that include the Property Inspection Manager logo: "The Property Inspection Manager" logo is a trademark of Aspire Digital Solutions Pty Ltd T/as Property Inspection Manager or its affiliates.
"Policies" means the Acceptable Use Policy, Privacy Policy, the Site Terms, the PIM Trademark Guidelines, all restrictions described in the PIM Content and on the PIM Site, and any other policy or terms referenced in or incorporated into this Agreement, but does not include whitepapers or other marketing materials referenced on the PIM Site.
"Privacy Policy" means the privacy policy located at https://www.propertyinspectionmanager.com/privacy.html (and any successor or related locations designated by us), as may be updated by us from time to time.
"Service" means each of the services relating to or provided in connection with the Property Inspection Manager software made available by us or our affiliates, including via the Property Inspection Manager application or the PIM Site. Services do not include Third-Party Content.
"Site Terms" means the terms of use of the PIM Site (if any), as may be updated by us from time to time.
"Suggestions" means all suggested improvements to the Services or PIM Content that you provide to us.
"Term" means the term of this Agreement described under the heading "Term and Termination" above.
"Termination Date" means the effective date of termination provided in a notice from one party to the other in accordance with the provisions under the heading "Term and Termination" above.
"Third-Party Content" means Content made available to you by any third party on the PIM Site or in conjunction with the Services.
"Your Content" means Content that you or any End User transfers to us for processing, storage or hosting by the Services in connection with your PIM account and any computational results that you or any End User derive from the foregoing through their use of the Services. For example, Your Content includes Content that you or any End User stores in the Cloud Dashboard component of the Property Inspection Manager. Your Content does not include Account Information.