Welcome to Testimonial Donut, a cloud-based service provided by Testimonial Donut Pty Ltd ("we," "us," or "our"), a company based in Sydney, Australia. These Terms and Conditions ("Terms") govern your access to and use of our website, services, and tools (collectively, the "Service") for collecting, managing, and showcasing testimonials and reviews. By using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

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1. Use of the Service

1.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. By using the Service, you represent that you meet these requirements.

1.2 Account Registration

To access the Service, you must create an account. You agree to provide accurate, complete, and current information during registration and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

1.3 Permitted Use

The Service is provided for businesses to collect, manage, and display testimonials and reviews. You may not:

• Use the Service for any illegal or unauthorized purpose.
• Modify, reverse-engineer, or attempt to access the Service’s source code.
• Use the Service to collect or display misleading, defamatory, or unlawful content.
• Interfere with the Service’s functionality or security.

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2. Pricing and Payment

2.1 Free Trial

Testimonial Donut offers a free trial period, during which you must provide a valid credit card to access the Service. No charges will be applied during the trial unless you continue using the Service beyond the trial period. Details of the trial duration are provided at sign-up.

2.2 Subscription Fees

After the free trial, continued use of the Service requires a paid subscription, priced as detailed on our pricing page. Fees may be paid in Australian Dollars (AUD) or United States Dollars (USD) via the payment methods provided. Payments are non-refundable except as required by Australian Consumer Law. We may update pricing with 30 days’ notice, and continued use after such notice constitutes acceptance of the new pricing.

2.3 Billing

Subscriptions are billed monthly in advance. You authorize us to charge your provided credit card for all fees. If payment fails, we may suspend your access until payment is received.

2.4 Taxes

All fees are exclusive of applicable taxes (e.g., GST for Australian customers). You are responsible for any taxes imposed on your use of the Service, except for taxes based on our income.

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3. User Content

3.1 Testimonials and Reviews

You are responsible for all content you collect, upload, or display through the Service ("User Content"), including testimonials and reviews. You represent that you have the right to use and share such content and that it complies with applicable laws and these Terms.

3.2 License to User Content

By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to host, display, and process User Content solely to provide and improve the Service. You retain ownership of your User Content.

3.3 Content Moderation

We reserve the right to review, moderate, or remove User Content that violates these Terms or applicable laws, including content that is misleading, defamatory, or infringes on third-party rights.

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4. Intellectual Property

The Service, including its design, code, and branding, is owned by Testimonial Donut Pty Ltd and protected by Australian and international intellectual property laws. You may not copy, modify, or distribute any part of the Service without our prior written consent, except as permitted for your use of the Service.

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5. Privacy and Data

Our collection, use, and storage of personal information are governed by our Privacy Policy, available at [insert link]. By using the Service, you consent to our data practices as described therein. You are responsible for ensuring that your collection of testimonials complies with privacy laws, including obtaining consent from clients as required.

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6. Termination

6.1 By You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period, and no refunds will be provided for partial periods, except as required by law.

6.2 By Us

We may suspend or terminate your access to the Service if you violate these Terms, fail to pay fees, or if we discontinue the Service. We will provide reasonable notice where possible.

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7. Limitation of Liability

To the maximum extent permitted by Australian law, Testimonial Donut Pty Ltd is not liable for any indirect, incidental, or consequential damages arising from your use of the Service, including loss of profits, data, or business opportunities. Our total liability is limited to the amount you paid us in the 12 months preceding any claim. Nothing in these Terms excludes or limits your rights under Australian Consumer Law.

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8. Indemnity

You agree to indemnify and hold us harmless from any claims, losses, or damages arising from your use of the Service, your User Content, or your violation of these Terms or applicable laws.

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9. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Continued use after such notice constitutes acceptance of the updated Terms.

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10. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be resolved in the courts of New South Wales, subject to your rights under Australian Consumer Law.

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11. Contact Us

For questions or concerns about these Terms, please contact us at:
Testimonial Donut Pty Ltd
Sydney, NSW, Australia
Email: support@testimonialdonut.com

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By using Testimonial Donut, you acknowledge that you have read, understood, and agree to be bound by these Terms.

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