“Frankly Australia”, having an office and place of business at 4-8 Stansell Street Gladesville, NSW
2111 Australia, and the person or entity agreeing to the terms herein (“Customer”, “You” or “you”).
By using or accessing any part of Calendar Event Automator (the “Service”), You
agree that You have read, understand, and agree to be bound by all of the terms and conditions
contained herein. If You do not agree to these Terms, You must not use or access the Service. If You
are entering into this Terms on behalf of a company, You represent that You have the authority to
bind that company to these Terms.
Calendar Event Automator is an application that turns Google Form submissions into calendar events. The Service is offered and provided subject to these Terms and solely for Your business purposes. You may connect to the Service using any Internet browser supported by the Service.
The Service requires a Google account that will be used to access the Service and a datasource which will contain the data processed by the Service. You understand and acknowledge that You are solely responsible for obtaining the Internet access and all equipment necessary to use the Service, for appropriately configuring Your Google account and for creating and managing the datasource and their content. All fees associated with the foregoing shall be paid by You.
To these Terms: Frankly Australia reserves the right to update and change the Terms of Service upon
notice from time to time. You will be provided notice of any such modification by electronic mail or
by the publishing of such on this website. You may terminate your use of the Service if the Terms
are modified in a manner that substantially affects your rights in connection with use of the
Service. Your continued use of the Service after any such changes shall constitute your consent to
such changes. You can review the most current version of the Terms of Service at any time.
To the Service: Frankly Australia may make changes to the Service from time to time. Frankly Australia will notify you of any material changes or modifications. Any updates, upgrades, additions or new features to the Service, including the release of new tools and resources, shall be subject to these Terms and may require you to agree to additional terms and conditions.
Access to Service: Access to the Service is only available to the Customer and the end users
(“Users”) to whom Customer grants access. Upon installation of the Service, Customer will configure
the applicable datasource(s) which contain the data to be processed by the Service, as required to
turn form submissions into approval requests and share them with the intended audience. Customer
acknowledges that the Service can update the sharing permissions of the relevant Customer’s Google
Drive files to make them available to the intended audience. Customer is solely responsible for
revoking such permissions when desired.
License to Customer: Subject to Customer’s compliance with these Terms and the Google Acceptable Use Policy (available at https://cloud.google.com/terms/aup), including, without limitation, Customer’s payment of all applicable fees, Frankly Australia hereby grants Customer a limited, revocable, non-transferable non-exclusive, non-sublicensable license to access and use the Service, solely for Customer’s own internal use.
Customer is at all times fully responsible and liable for all acts and omissions by Users to whom Customer has granted access to the Service and Customer agrees to indemnify Frankly Australia for all claims and losses related to any such acts and/or omissions.
Frankly Australia reserves the right to terminate unpaid accounts. Frankly Australia will provide Customer with prior notice of such termination by email.
Restrictions on Use of the Service: In addition to all other terms and conditions contained herein, you shall not and shall not permit others to:
This list of prohibitions provides examples and is not complete or exclusive.
Frankly Australia reserves the right to suspend or terminate your access to Service with or without cause and with or without notice, for any reason or no reason, or for any action that Frankly Australia determines is inappropriate or disruptive to the Service or to any other user of this Service. Google may suspend your Google Apps account if: (a) your use of Google Apps is in violation of Google’s Acceptable Use Policy, which could disrupt: (i) Google Apps; (ii) other users’ use of Google Apps; or (iii) the Google network or servers used to provide Google Apps services; or (b) there is unauthorized third party access to Google Apps.
Frankly Australia may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Frankly Australia’s discretion, Frankly Australia will cooperate with law enforcement agencies in any investigation of alleged illegal activity associated with the Service or on the Internet.
Unauthorized use of any trademarked, copyrighted or patented materials contained in the Service may violate certain laws and regulations.
You agree to indemnify and hold Frankly Australia and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Frankly Australia or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Service or the use of Service by any person using your account (including without limitation, Your Content (as defined below)) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Frankly Australia reserves the right to suspend or terminate Customer’s access to the Service with
or without notice if Frankly Australia reasonably determines that:
(a) there is a threat or attack on the Service (including a denial of service attack) or other event
that may create a risk to the Service, Frankly Australia, Customer, or any user of the Service;
(b) Customer’s or its users’ use of the Service or Customer Content disrupts or poses a security
risk to the Service or any user of the Service, may harm Frankly Australia’s systems, or may subject
Frankly Australia or any third party to liability;
(c) Customer or any User is using the Service for fraudulent or illegal activities;
(d) subject to applicable law, Customer has ceased to continue Customer’s business in the ordinary
course, made an assignment for the benefit of creditors or similar disposition of its assets, or
become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar
(e) Customer or any User is using the Service or other Frankly Australia property in breach of this
or (f) Customer is in default of its payment obligations hereunder (collectively, "Service
Suspensions"). Frankly Australia will make commercially reasonable efforts, circumstances
permitting, to provide written notice of any Service Suspension to Customer, and to provide updates
regarding resumption of Customer’s access to the Service following any Service Suspension.
Customer agrees to pay the subscription fee. Such fees will be paid on a periodic
basis as agreed with Frankly Australia when you register for the Service. Frankly Australia may
amend the subscription fee from time to time, by providing you a minimum of 30 days' notice.
In case of non-payment for any reason (including, if applicable, Frankly Australia’s inability to charge your credit card or other payment method for any reason) or any violation of these Terms, Frankly Australia shall be entitled, without liability, to immediately suspend Customer’s and Users’ access to the Service. If you purchase your license to use the Service from Frankly Australia, you hereby expressly agree that Frankly Australia is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Service, or charge such fees to your credit card or other payment method designated on your initial registration with the Frankly Australia at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund.
Customer agrees that Customer’s paid use of the Service is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public or private comments made by Frankly Australia regarding future functionality or features.
Customer hereby acknowledges and agrees that, subject to the limited rights granted hereunder,
Frankly Australia (or its licensors) own all legal right, title and interest in and to the Service,
including, without limitation, any Intellectual Property Rights or other proprietary rights which
exist in the Service (whether such rights are registered or unregistered, and wherever in the world
those rights may exist) (“Our Technology”). For purposes of these Terms, “Intellectual Property
Rights” means, on a worldwide basis, any and all now known or hereafter known (a) rights associated
with works of authorship including copyrights and moral rights, (b) trademark and trade name rights
and similar rights, (c) trade secret rights, (d) patent rights and other industrial property rights,
(e) intellectual and industrial property rights of every other kind and nature and however
designated, whether arising by operation of law or otherwise, and (f) all registrations,
applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter
existing, made, or in force (including any rights in any of the foregoing).
As between You and Frankly Australia, you retain all right, title and interest in any and all data,
files, attachments, text, images, personally identifiable information, and other content that You
and Your Users upload or submit to the Service (collectively, "Your Content"). You may not upload,
post or otherwise make available through the Service any material protected by copyright, trademark,
or any other proprietary right without the express permission of the owner of such copyright,
trademark or other proprietary right owned by a third party, and the burden of determining whether
any material is protected by any such right is on you. You shall have sole responsibility for the
accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property
ownership or right to use any and all of Your Content. You represent and warrant that you have all
rights, permissions and consents necessary (a) to make Your Content available on or through the
Service, and (b) to grant Frankly Australia the limited rights to use Your Content set forth in
You agree that Frankly Australia may use Your Content to provide the Service and its features, including by making it available for viewing, download and modification by other Users with access rights to Your Content. You hereby grant Frankly Australia a non-exclusive, perpetual, royalty-free, worldwide license (including the right to sublicense through multiple tiers) to access, use, reproduce, distribute, store, transmit, publicly display, and publicly perform Your Content as required for the purpose of providing the Service to you.
You hereby consent that, if You choose to become a paying customer of the Service, Frankly Australia may identify You as a Frankly Australia customer (using Your name and logo) and generally describe the products or services it provides to You in its promotional materials, presentations, and proposals to other current and prospective customers.
The Servive requires certain permissions to Your Google account and associated services. These
access rights are required for the Service to function. Unless specifically stated, contents of
users’ files are not transmitted to 3rd party services outside of the user’s direct control or
All personally identifiable data that users may keep in files associated with this tool remains in the complete control of those users from a privacy perspective. Unless specifically stated, we store no personally identifiable information in any 3rd party database or file repository.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. FRANKLY AUSTRALIA MAKES NO WARRANTY THAT (I) THE SERVICE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED
(INCLUDING, WITHOUT LIMITATION, INTERRUPTIONS THAT OCCUR IN THE CONTEXT OF REGULARLY SCHEDULED
MAINTENANCE); (III) ANY INFORMATION OR ADVICE OBTAINED BY YOU IN CONNECTION WITH THE SERVICE WILL BE
ACCURATE OR COMPLETE; OR (IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME
STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO CUSTOMER.
IN NO EVENT SHALL FRANKLY AUSTRALIA BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION), ARISING
OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF FRANKLY AUSTRALIA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH
FRANKLY AUSTRALIA RELATED TO ANY OF THE SERVICE SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT
SHALL FRANKLY AUSTRALIA’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR
INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS
IN THIS PARAGRAPH MAY NOT APPLY TO CUSTOMER.
These Terms, their interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of NSW, Australia. Both parties hereby irrevocably submit any disputes under these Terms to the jurisdiction of the courts located in the State of NSW, Australia.