TERMS OF USE
MODELUPDATER PTY LTD (hereinafter referred to together as “ModelUpdater” “Us”, “We” or “the Company”) provides its customers with a specialized Excel plugin that automatically updates financial models with the latest results (“Software” or “ModelUpdater”). This Software is available via our website at www.modelupdater.com for a request of access or the Microsoft Appsource listing.
The Services may be accessed through our Software installed within Microsoft Excel or other compatible spreadsheet applications. By accessing or using ModelUpdater, or by clicking to accept these Terms of Use, you (The user) agree that you have read, understand, accept, and agree to be bound by these Terms of Use and our Privacy Policy (available at www.modelupdater.com/privacy-policy), incorporated herein by reference, regardless of whether you are a registered user.
If you are an entity whose employees or agents will use the Software on your behalf (“Active Users”), you agree that such Active Users will be informed of and agree to these Terms of Use prior to accessing the Services.
We reserve the right, at our sole discretion, to amend these Terms of Use. Any minor amendments shall be effective immediately upon posting on the Site. Material changes, as determined in our sole discretion, will become effective for existing Users either (1) upon your affirmative acceptance or (2) thirty (30) days after notice is provided via email or an on-site banner. If you do not accept such changes, your only remedy is to discontinue use of the Software
Registration Data; Account Security
By signing up for the Services and using a Site, you agree to:
(a) Maintain the security of your login credentials;
(b) Update your Registration Data promptly to remain accurate and complete; and
(c) Accept full responsibility for all activities that occur under your account.
All Registration Data is governed by our Privacy Policy, and you consent to all actions we take in accordance with that policy. Please exercise caution when accessing your account on public or shared computers to protect your personal information.
Limitations on Use and Account Suspension
Without limiting any other remedies, the Company may, with notice, limit, suspend, or discontinue your use of the Software and cancel your account if, in our sole discretion, we determine you have failed to comply with these Terms or have engaged in any illegal or improper use of the Software. We are not liable for any unavailability of the Software. From time to time, we may restrict access for maintenance or security purposes.
Proprietary Rights in Site Content; Limited License
All content on the Site—including financial models, underlying data, calculations, dashboards, reports, and design elements (collectively, “Site Content”)—is the exclusive property of the Company or its licensors.
Notwithstanding the foregoing, you retain full ownership of any proprietary data that you submit for use within the Software (“Client Data”), and any derivative works created therefrom, provided that the underlying Site Content remains the property of ModelUpdater.
Except as expressly permitted in these Terms or any applicable order form, you may not modify, copy, distribute, reproduce, display, or sell any Site Content without our prior written consent. You are granted a limited, non-transferable license to access and use the Site and Site Content solely for your internal purposes, provided that all proprietary notices remain intact.
User Conduct
You warrant that all content you submit through the Software or the Site will not infringe the rights of any third party or violate any law. In particular, you agree not to:
Engage in unlawful or fraudulent activities;
Share confidential information that you are not authorized to disclose;
Attempt to circumvent any security measures of the Site;
Distribute viruses or other harmful software; or
Solicit business relationships with experts or other users in violation of these Terms.
If you violate these conduct requirements, we may remove your content or terminate your access to the Services.
User Content
We reserve the right to remove any user content that, in our sole discretion, violates applicable law.
Fees and Payment for Purchased Services
All fees for access to the ModelUpdater Software and related Services are set forth in the applicable Order Form.
You agree to pay all fees as specified.
Payments are non-cancellable and non-refundable, except as expressly stated.
Confidentiality
You agree that any information you submit for use with the Software may be stored and used by us in accordance with our Privacy Policy. Confidential information provided by you will be protected, except as required by law or for troubleshooting purposes.
Links
The Site may contain links to third-party websites. ModelUpdater is not responsible for the content or availability of these sites. Your use of any linked website is solely at your own risk.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN AN ORDER FORM, THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. MODELUPDATER DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that the Software will be error-free, secure, or uninterrupted.
Limitation of Liability
IN NO EVENT SHALL MODELUPDATER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. Our total liability shall not exceed the amount paid by you for the Software.
Any claims must be brought within one (1) year from the date the claim accrues.
Indemnification
You agree to defend, indemnify, and hold harmless ModelUpdater and its affiliates from any claims, damages, or losses arising from your use of the Services or your breach of these Terms. This indemnification obligation will survive termination of these Terms.
Governing Law and Arbitration
These Terms shall be governed by the laws of New South Wales, Australia without regard to its conflict of laws principles. Any disputes shall be resolved by binding arbitration in New South Wales, Australia rather than in court, and you waive your right to a jury trial.
Arbitration shall be conducted on an individual basis; class actions are not permitted.
Miscellaneous
If any part of these Terms is held to be unenforceable, the remaining provisions shall remain in effect. Neither these Terms nor your use of the Services creates an agency or partnership relationship.
You may not assign your rights or obligations under these Terms without our express written consent.
These Terms constitute the entire agreement between you and ModelUpdater regarding your use of the Software and Services, superseding all prior communications.
Contact us
For any inquiries or feedback regarding these Terms, please contact us at:
Email: contact@modelupdater.com