Terms and Conditions

1. Introduction

Welcome to OmniSAM, operated by OmniSuite Pty Ltd (“OmniSAM”, “we”, “us”, “our”).

These Terms & Conditions (“Terms”) govern your access to and use of our Platform, Services, and Content.

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

1.1 What These Terms Cover

These Terms apply to all offerings provided by OmniSAM, including but not limited to:

• Software as a Service (SaaS)
• Done-For-You (DFY) services
• Coaching, mentoring, and training programs
• Memberships, communities, and events

Additional terms may apply to specific products or services and will be outlined within these Terms or provided at the time of purchase.

1.2 Acceptance of Terms

By using our Services, you confirm that:

• You have read and understood these Terms
• You have the authority to enter into this Agreement (if acting on behalf of a business)
• You agree to comply with all applicable laws and regulations

1.3 Updates to These Terms

We may update these Terms from time to time to reflect changes to our Services, legal requirements, or business operations.

Updated Terms will be published on our website.

Where changes are material, we may provide additional notice (including by email or within the Platform).

Continued use of our Services after any updates constitutes acceptance of the revised Terms.

1.4 Right to Refuse Service

We reserve the right to refuse service to any person or entity at our discretion.

2. Definitions

For the purposes of these Terms & Conditions, the following definitions apply:

2.1 Key Terms

“Agreement” means these Terms & Conditions, together with any additional terms, policies, or agreements referenced within them.

“Platform” means the OmniSAM software, systems, applications, infrastructure, and any associated technology provided by us.

“Services” means all products and services offered by OmniSAM, including but not limited to:

• Software as a Service (SaaS)
• Done-For-You (DFY) services
• Coaching, mentoring, training programs, and events

“Content” means all materials provided by OmniSAM, including but not limited to:

• Training materials, videos, and resources
• Templates, workflows, and automations
• Copy, designs, branding, and graphics

2.2 Users & Access

“User”, “You”, “Your” means any individual, business, or entity accessing or using our Services.

“Account” means the registered account used to access the Platform.

“Subscription” means any recurring paid access to the Platform or Services.

2.3 Service Types

“DFY Services” means Done-For-You services delivered by OmniSAM, including builds, setups, implementations, and technical work.

“Programs” means coaching, mentoring, courses, memberships, and training experiences provided by OmniSAM.

2.4 Payments & External Services

“Fees” means all amounts payable by you for access to or use of the Services.

“Third-Party Services” means any external platforms, tools, or integrations connected to or used in conjunction with OmniSAM (including but not limited to payment processors, email providers, and advertising platforms).

2.5 General

“Business Day” means a day other than a weekend or public holiday in Victoria, Australia.

3. Use of Services

By accessing or using our Services, you agree to use the Platform and all associated offerings in a lawful, ethical, and responsible manner.

You are responsible for ensuring that your use of the Services complies with these Terms and all applicable laws.

3.1 Prohibited Use

You must not use the Platform or Services in any way that is unlawful, harmful, or inconsistent with these Terms.

You agree to comply with any policies, guidelines, or acceptable use rules we may publish from time to time.

This includes, but is not limited to:

• Using the Services for fraudulent, misleading, or illegal activities
• Sending spam, unsolicited communications, or deceptive marketing messages
• Using purchased, scraped, or third-party contact lists without proper consent
• Interfering with or disrupting the integrity, performance, or security of the Platform
• Attempting to gain unauthorised access to systems, accounts, or data
• Copying, reproducing, modifying, distributing, or reselling any part of the Platform or Content without permission
• Reverse engineering, decompiling, or attempting to replicate the Platform or its functionality
• Using the Platform in a way that may damage our systems, reputation, or message deliverability

3.2 Platform Restriction & Non-Transferability

The OmniSAM Platform, including all systems, automations, templates, workflows, and configurations, is provided exclusively for use within the OmniSAM ecosystem.

You acknowledge and agree that:

• The Platform and all associated systems are strictly non-transferable
• Access is granted only for use within the OmniSAM environment
• Your licence does not include any right to export or replicate the Platform

You must not:

• Export, replicate, transfer, or rebuild any part of the Platform outside of OmniSAM
• Recreate or attempt to reproduce our systems in:
  • Other HighLevel accounts or ecosystems
  • Any external software, platform, or funnel builder
  • Any domain or environment not controlled by OmniSAM

Any attempt to replicate, extract, or recreate OmniSAM systems outside of the Platform constitutes a material breach of these Terms.

3.3 Account Use & Access

Your account is provided for your individual or business use in accordance with your selected plan.

You agree that:

• You will not share login credentials unless explicitly permitted under your plan
• Unauthorised sharing of account access may result in suspension or termination.
• You are responsible for maintaining the security of your account
• You are responsible for all activity conducted under your account

3.4 Fair Use & System Protection

To maintain performance and reliability, we may apply fair usage limits to the Platform.

These may include limits on:

• Contacts stored
• Emails, SMS, or messages sent
• Automation usage
• API or integration usage

If your usage exceeds reasonable limits or impacts system performance, we may:

• Require you to upgrade your plan
• Restrict or throttle usage
• Suspend or terminate access where necessary

3.5 Communication & Compliance

If you use the Platform to send communications (including email, SMS, or other messaging), you must ensure compliance with all applicable laws.

You agree to:

• Obtain proper consent from recipients
• Comply with spam, marketing, and privacy laws
• Provide clear opt-out or unsubscribe options where required

You acknowledge that:

• You are solely responsible for the content and recipients of your communications
• OmniSAM is not responsible for misuse of messaging features

3.6 User Responsibility

You are solely responsible for:

• Your business decisions, actions, and results
• The accuracy, legality, and quality of any data or content you upload or distribute
• Ensuring your use of the Platform complies with all applicable laws and regulations

3.7 Monitoring & Enforcement

We reserve the right to monitor usage and enforce these Terms to protect the Platform and its users.

We may:

• Monitor activity to ensure compliance
• Investigate suspected breaches
• Suspend, restrict, or immediately terminate access without notice for serious violations

We may take such action without liability to you.

Where a breach occurs, we may also:

• Retain or revoke access to data or systems
• Recover any outstanding Fees in accordance with Section 5
• Pursue any other remedies available under applicable law

4. Intellectual Property

All intellectual property rights in the Platform, Services, and Content remain the property of OmniSuite Pty Ltd or its licensors.

Nothing in these Terms grants you ownership of any intellectual property. You are granted a limited licence to use the Platform in accordance with these Terms only.

4.1 Ownership

We retain full ownership of all intellectual property associated with OmniSAM.

This includes, but is not limited to:

• Software, systems, and automations
• Templates, workflows, funnels, and processes
• Training materials, videos, and resources
• Copy, designs, branding, and graphics

All rights not expressly granted to you are reserved by us.

4.2 Licence to Use

Subject to your compliance with these Terms and payment of all applicable Fees, you are granted a:

• Non-exclusive
• Non-transferable
• Revocable
• Limited licence

to access and use the Platform and Content solely for your own internal business purposes.

This licence:

• Applies only while your account is active and in good standing
• Does not permit resale, sharing, or redistribution
• May be revoked at any time if you breach these Terms

This licence is granted to a single User or business entity and may not be shared, sublicensed, or extended to third parties unless expressly permitted under your plan.

4.3 Restrictions on Use

You must not use the Platform, Services, or Content in any way that infringes our intellectual property rights.

This includes, but is not limited to:

• Copying, reproducing, or distributing any Content
• Selling, sublicensing, or commercially exploiting any part of the Platform or Services
• Sharing access to systems, materials, or Content with third parties
• Using our systems, templates, or methodologies to create competing products or services
• Training others outside of OmniSAM using our materials or systems
• Removing or altering any copyright, branding, or proprietary notices

You must not create derivative works based on the Platform, Content, or Services.

You must not use the Platform, Content, or Services to:

• Create or offer competing products or services
• Package, resell, or commercialise any part of our systems or methodologies
• Train or provide services to others using OmniSAM systems outside of the Platform

4.4 Platform Restriction & Non-Transferability

The OmniSAM Platform, including all systems, automations, templates, workflows, and configurations, is provided exclusively for use within the OmniSAM ecosystem.

You acknowledge and agree that:

• All elements of the Platform are strictly non-transferable
• You are granted access only within the OmniSAM environment
• Your licence does not include any right to export, replicate, or migrate the Platform

You must not:

• Export, replicate, rebuild, or transfer any part of the Platform outside of OmniSAM
• Recreate or attempt to reproduce our systems in:
  • Other HighLevel accounts or ecosystems
  • Any external software, platform, or funnel builder
  • Any domain or environment not controlled by OmniSAM

Any attempt to replicate, extract, or recreate OmniSAM systems outside of the Platform constitutes a material breach of these Terms.

4.5 Done-For-You (DFY) Services

Where we provide Done-For-You services:

• You are granted the right to use the final deliverables for your business
• You do not acquire ownership of the underlying systems, frameworks, templates, or methodologies

We retain full ownership of:

• Backend systems and structures
• Automation logic and workflows
• Templates, frameworks, and processes

We reserve the right to reuse, adapt, and implement general strategies, structures, and non-confidential elements across other clients.

We do not guarantee specific outcomes, results, or performance from Done-For-You (DFY) Services.

4.6 User Content

You retain ownership of any content you upload to the Platform.

However, you grant us a limited, non-exclusive licence to:

• Use, store, process, and display your content as required to provide the Services
• Perform technical, operational, and support functions (including backups and system improvements)

4.7 Feedback & Improvements

If you provide suggestions, ideas, or feedback:

• You grant us the right to use, modify, and implement them without restriction
• You acknowledge that you are not entitled to compensation for any resulting improvements

4.8 Enforcement & Legal Rights

Unauthorised use of the Platform, Services, or Content is strictly prohibited.

You acknowledge that:

• Any breach of this section may constitute a serious violation of our intellectual property rights
• Unauthorised use, reproduction, or distribution may be considered theft

We reserve the right to:

• Suspend or terminate access immediately
• Pursue legal action, including claims for damages
• Seek any other remedies available under applicable law

5. Payments, Subscriptions & Billing

By purchasing or subscribing to any of our Services, you agree to pay all applicable Fees in accordance with these Terms.

All Fees are payable in Australian Dollars (AUD) unless otherwise stated.

5.1 Fees & Payment Authorisation

You agree to:

• Pay all Fees associated with your selected Services
• Provide accurate, complete, and up-to-date billing information
• Authorise us (and our third-party payment providers) to charge your nominated payment method

You acknowledge that:

• Pricing varies depending on the product, plan, or service selected
• Additional fees may apply for usage beyond included limits
• Your payment provider may charge additional fees, including currency conversion or transaction fees

5.2 Subscriptions & Auto-Renewal

Where you purchase a Subscription:

• Your Subscription will automatically renew at the end of each billing cycle
• You authorise us to charge your payment method on a recurring basis
• Billing cycles may be monthly, annual, or otherwise specified at the time of purchase

To avoid renewal charges, you must cancel your Subscription prior to your next billing date.

5.3 Fixed-Term Agreements

Some Services are provided under a fixed-term agreement (for example, Academy programs or Done-For-You services).

Where a fixed-term applies:

• You are committing to the full duration of the agreed term
• The agreement remains in effect regardless of your usage of the Services
• Payment frequency does not change the length or nature of the commitment

5.4 Payment Plans (Monthly on Fixed-Term Agreements)

Where you are on a payment plan for a fixed-term agreement:

• Monthly payments are provided as a convenience only
• This does not constitute a month-to-month subscription

You acknowledge and agree that:

• You are responsible for the full contract value over the agreed term
• You must complete all scheduled payments, regardless of usage, results, or early cancellation
• Stopping use of the Services does not cancel your financial obligation

5.5 Usage Limits & Additional Charges

Certain Services may include usage limits based on your selected plan.

These may include, but are not limited to:

• Number of contacts
• Emails, SMS, or messages sent
• Storage, data usage, or automation usage
• Access to features or functionality

Details of current usage limits and usage-based pricing are available on our Usage Pricing page https://omnisam.com.au/usage-pricing which forms part of these Terms by reference and may be updated from time to time.

You acknowledge that all usage-based fees are calculated based on actual consumption and will be charged to your account as incurred.

Usage-based fees may be charged in a different currency (including USD) depending on the underlying service providers, and will be converted at the applicable rate at the time of billing.

You acknowledge that:

• Usage beyond included limits may result in additional charges
• We may restrict, throttle, or suspend usage where limits are exceeded

We reserve the right to:

• Update usage limits at any time
• Apply additional charges for overuse
• Enforce fair usage policies to protect the Platform

5.6 Price Changes

We reserve the right to update our pricing at any time.

Where pricing changes apply:

• We will provide reasonable notice where required
• Updated pricing will apply to future billing cycles or renewals

Continued use of the Services after a price change constitutes acceptance of the updated Fees.

5.7 Failed Payments

If a payment is declined or fails:

• We may retry the payment using your saved payment method
• Your access to the Platform or Services may be restricted, suspended, or terminated
• You remain responsible for all outstanding Fees

We reserve the right to:

• Charge late fees where permitted by law
• Recover unpaid amounts, including any remaining contract balance
• Engage third-party collection services or recovery actions where necessary

5.8 Cancellations

You may cancel your Subscription in accordance with your plan terms.

You acknowledge that:

• Cancellation prevents future billing for ongoing subscriptions
• Cancellation does not entitle you to a refund for any Fees already paid
• Access may continue until the end of the current billing period

Where you are on a fixed-term agreement or payment plan:

• Cancellation does not terminate your financial obligation for the agreed term
• All remaining payments under the agreement remain due and payable

5.9 Refunds

All payments are non-refundable unless otherwise stated in writing or required by law.

This includes, but is not limited to:

• Subscription Fees
• Done-For-You services
• Coaching, mentoring, and training programs

You acknowledge that:

• You are responsible for assessing the suitability of the Services prior to purchase
• No refunds will be provided for change of mind, lack of use, or failure to achieve desired results
• No credits or refunds will be provided for unused time or services.

5.10 Currency & International Payments

All payments are processed in Australian Dollars (AUD).

If you are purchasing from outside Australia:

• Your payment provider may apply currency conversion rates
• Additional bank or transaction fees may apply

We are not responsible for:

• Exchange rate fluctuations
• International transaction fees charged by your bank or payment provider

6. Refunds, Guarantees & Results Disclaimer

We are committed to providing high-quality Services, tools, and support. However, due to the nature of our offerings, we do not guarantee specific results or outcomes.

6.1 No Guarantees

You acknowledge that:

• We do not guarantee any specific results, including but not limited to:
  • Income or revenue growth
  • Lead generation or sales outcomes
  • Business performance improvements

Results will vary depending on multiple factors, including:

• Your effort, consistency, and implementation
• Your business model, market, and external conditions
• How you use the Platform and Services

6.2 Responsibility for Results

You agree that:

• You are solely responsible for your business decisions, actions, and results
• The Services are tools, systems, and guidance only
• Success depends on your implementation and ongoing use of the Services

We are not responsible for:

• Lack of results
• Business losses or missed opportunities
• Outcomes resulting from your decisions or actions

6.3 No Refunds for Results-Based Claims

You acknowledge that:

• Refunds will not be provided based on:
  • Lack of results
  • Dissatisfaction with outcomes
  • Failure to implement or complete recommended actions

6.4 General Refund Policy

All payments are non-refundable unless:

• Otherwise stated in writing; or
• Required under applicable consumer protection laws

This applies to:

• Subscriptions
• Done-For-You services
• Coaching, mentoring, and training programs

6.5 Change of Mind

Refunds will not be provided for:

• Change of mind
• Lack of use or inactivity
• Misunderstanding of the Services where information was provided prior to purchase

6.6 Acknowledgement Prior to Purchase

By purchasing any of our Services, you acknowledge that:

• You have reviewed the information provided about the product or service
• You understand what is included and what is not included
• You accept the refund and results policy outlined in these Terms
• You acknowledge that you have not relied on any representations, warranties, or statements not expressly set out in these Terms.

Nothing in the Services constitutes legal, financial, or professional advice. You are responsible for obtaining independent advice where appropriate.

7. Limitation of Liability

To the maximum extent permitted by law, our liability in connection with the Services is limited as set out in this section.

7.1 No Liability for Certain Losses

To the fullest extent permitted by law, we are not liable for any:

• Loss of income, revenue, or profits
• Loss of business, contracts, or opportunities
• Loss of data or corruption of data
• Indirect, incidental, special, or consequential damages

This applies whether the claim arises in contract, tort (including negligence), or otherwise.

7.2 Use of Services at Your Own Risk

You acknowledge that:

• The Services are provided “as is” and “as available”
• Your use of the Platform and Services is at your own risk
• We do not guarantee that the Services will be uninterrupted, secure, or error-free

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose.

7.3 Limitation of Total Liability

To the maximum extent permitted by law:

• Our total liability to you for any claim arising out of or in connection with the Services is limited to the amount you have paid to us in the three (3) months preceding the event giving rise to the claim

7.4 Third-Party Services

We are not responsible for:

• Any third-party platforms, tools, or services integrated with or used alongside OmniSAM
• Any loss or damage caused by third-party providers

You use Third-Party Services at your own risk and subject to their terms.

7.5 No Liability for User Actions

We are not responsible for:

• How you use the Platform or Services
• The content you create, send, or distribute
• Any outcomes resulting from your actions, decisions, or business activities

7.6 Legal Exceptions

Nothing in these Terms excludes, restricts, or modifies any rights you may have under applicable consumer protection laws, including the Australian Consumer Law.

Where liability cannot be excluded:

• Our liability is limited, at our discretion, to:
  • Re-supplying the Services; or
  • The cost of having the Services supplied again

8. Service Availability & Changes

We aim to provide reliable and high-quality Services. However, due to the nature of software and online platforms, availability and functionality may vary from time to time.

8.1 Availability of Services

You acknowledge that:

• The Platform and Services are provided on an “as is” and “as available” basis
• We do not guarantee uninterrupted, continuous, or error-free access
• We do not guarantee that the Services will be available indefinitely.
• Temporary interruptions may occur due to maintenance, updates, or technical issues

We are not liable for any loss or disruption caused by downtime or service interruptions.

8.2 Maintenance & Updates

We may perform maintenance, updates, or upgrades to the Platform at any time.

This may include:

• System improvements or bug fixes
• Feature updates or enhancements
• Security updates

These activities may result in temporary downtime or changes to functionality.

8.3 Changes to Services

We reserve the right to modify, update, or discontinue any part of the Services at any time.

This includes:

• Adding or removing features
• Changing functionality or user experience
• Updating integrations or third-party connections

We may make these changes without prior notice where necessary.

8.4 No Guarantee of Features

You acknowledge that:

• Features and functionality may evolve over time
• We do not guarantee the continued availability of any specific feature
• Your purchase provides access to the Platform as it exists at the time of use, not a fixed set of features

8.5 Third-Party Dependencies

Some aspects of the Platform rely on Third-Party Services.

You acknowledge that:

• Changes, outages, or limitations in third-party services may affect the Platform
• We are not responsible for the performance, availability, or reliability of third-party providers

9. Termination & Suspension

We reserve the right to suspend or terminate access to the Platform and Services in accordance with these Terms.

9.1 Suspension or Termination by Us

We may suspend, restrict, or terminate your access to the Services at any time where:

• You breach these Terms
• Your use of the Platform poses a risk to:
  • The Platform or its systems
  • Other users
  • Our business or reputation
• Required by law or regulatory obligations
• Payment is overdue or has failed

In cases of serious breaches, we may terminate access immediately without notice.

9.2 Termination by You

You may terminate your use of the Services by:

• Cancelling your Subscription in accordance with Section 5; or
• Ceasing use of the Platform

You acknowledge that:

• Termination does not entitle you to any refund unless required by law
• Any outstanding Fees or contractual obligations remain payable

9.3 Effect of Termination

Upon suspension or termination:

• Your access to the Platform and Services may be restricted or removed
• We may disable or delete your account and associated data
• Any licences granted to you under these Terms are immediately revoked

9.4 Data Retention & Deletion

We may retain or delete your data in accordance with our internal policies.

You acknowledge that:

• It is your responsibility to export or back up your data prior to termination
• We are not responsible for any loss of data following termination

We may retain your data for a limited period following termination (for example, up to 30 days), after which it may be permanently deleted.

9.5 Outstanding Obligations

Termination does not affect any rights or obligations that have accrued prior to termination.

This includes:

• Payment obligations under fixed-term agreements or payment plans
• Any rights relating to intellectual property or misuse of the Platform

10. Privacy & Data

Your use of the Platform and Services involves the collection, use, and storage of data. We are committed to handling personal information in accordance with applicable privacy laws.

10.1 Privacy Policy

Our collection and handling of personal information is governed by our Privacy Policy.

By using our Services, you agree to:

• The terms of our Privacy Policy
• The collection, use, and disclosure of information as outlined within it

10.2 Your Responsibility for Data

You are responsible for:

• All data you upload, store, or process via the Platform
• Ensuring you have the legal right to collect and use that data
• Complying with all applicable privacy, data protection, and marketing laws

This includes (where applicable):

• Obtaining consent from individuals
• Providing required disclosures
• Managing unsubscribe or opt-out requests

10.3 Data Accuracy & Security

You acknowledge that:

• You are responsible for the accuracy and quality of your data
• You must take reasonable steps to protect access to your account and data

We implement reasonable measures to protect the Platform, but we do not guarantee that data will be completely secure or free from unauthorised access.

10.4 Use of Data by OmniSAM

We may use your data as required to:

• Provide and operate the Services
• Improve the Platform and user experience
• Provide support and technical assistance

We do not use your data for purposes unrelated to the provision of our Services without your consent, unless required by law.

10.5 Third-Party Services

The Platform may integrate with or rely on Third-Party Services.

You acknowledge that:

• Your data may be processed by third-party providers
• These providers operate under their own terms and privacy policies
• We are not responsible for how third parties handle your data

10.6 Data Loss & Backups

You are responsible for maintaining your own backups of important data.

We are not liable for:

• Loss of data
• Corruption of data
• Failure to store or transmit data

10.7 Legal Compliance

You agree to comply with all applicable data protection and privacy laws in connection with your use of the Services.

11. Governing Law & Disputes

These Terms are governed by the laws of Victoria, Australia.

11.1 Governing Law

You agree that:

• These Terms and any dispute arising from them are governed by the laws of Victoria, Australia
• Any legal proceedings must be brought in the courts of Victoria, Australia

11.2 Dispute Resolution

Before commencing formal legal proceedings, both parties agree to attempt to resolve any dispute in good faith.

This includes:

• Raising the issue in writing
• Allowing a reasonable opportunity to respond and resolve the matter

11.3 Jurisdiction

You submit to the exclusive jurisdiction of the courts of Victoria, Australia.

11.4 Limitation Period for Claims

Any claim arising out of or relating to these Terms or the Services must be commenced within one (1) year from the date the cause of action arose, unless otherwise required by law.

12. General Terms

These Terms set out the full agreement between you and OmniSAM in relation to your use of the Platform and Services.

12.1 Entire Agreement

These Terms, together with any policies or additional terms referenced within them, constitute the entire agreement between you and OmniSuite Pty Ltd.

They supersede any prior agreements, communications, or understandings relating to the Services.

12.2 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable:

• That provision will be severed from the Terms
• The remaining provisions will continue in full force and effect

12.3 Waiver

If we do not enforce a right or provision under these Terms, this does not constitute a waiver of that right.

Any waiver must be made in writing.

12.4 Assignment

We may assign, transfer, or subcontract our rights and obligations under these Terms at any time.

You may not assign or transfer your rights or obligations without our prior written consent.

12.5 Relationship of Parties

Nothing in these Terms creates:

• A partnership
• Joint venture
• Employment or agency relationship

You are an independent user of the Services.

12.6 Force Majeure

We are not liable for any delay or failure to perform our obligations where such delay or failure is caused by events beyond our reasonable control.

This includes, but is not limited to:

• Natural disasters
• Internet or infrastructure failures
• Government actions
• Third-party service disruptions

12.7 Survival

Any provisions that by their nature should survive termination will continue to apply, including but not limited to payment obligations, intellectual property rights, limitation of liability, and indemnification.

12.8 Contact

If you have any questions about these Terms or the Services, you may contact us using the details provided on our website.

For support, technical assistance, or general enquiries, you may contact us at:

support@omnisam.com.au

For legal notices or formal communications relating to these Terms, please contact us via the same details or as otherwise specified on our website.

13. Indemnification

You agree to indemnify, defend, and hold harmless OmniSuite Pty Ltd and its directors, employees, contractors, and affiliates from and against any claims, damages, liabilities, losses, costs, or expenses (including legal fees) arising out of or in connection with:

• Your use or misuse of the Services
• Your breach of these Terms
• Your violation of any law or third-party rights
• Any content, data, or communications you create, upload, or distributed via the Platform

We reserve the right to assume control of the defence of any matter subject to indemnification, and you agree to cooperate with us in such defence.