indexly

Terms

Last updated: February 10, 2025

indexly is an application (the “App”) for creating and managing lists. By creating an account the user agrees to be bound by these terms and conditions.

You must be at least sixteen years of age to create an account and use the App, and you shall provide accurate information when creating an account. You are responsible for using credentials that are secure (email and password) and we will not be held responsible for accounts compromised due to compromised email accounts and/or inadequate password management.

You agree that you will not store or upload any content that is unlawful, infringing, defamatory, obscene, or otherwise objectionable. You acknowledge and agree that all content you create or store is your sole responsibility, and we are not liable for any claims arising from such content. In the event that we become aware of content that violates these Terms or the law, we reserve the right to remove or restrict access to the App at our discretion.

We own all rights, title, and interest in and to the App, including our trademarks, logos, design, code, and any content we provide. Nothing in these Terms grants you any right to use our branding or software beyond what is necessary to use the App in its intended manner. You agree not to copy, modify, distribute, sell, or lease any part of the App or included software, nor reverse-engineer or attempt to extract the source code, unless laws prohibit those restrictions or you have our written permission.

We do not sell, license, or otherwise commercially exploit your lists or items. Your data remains private to you. While we take reasonable measures to safeguard your data, you acknowledge that no method of transmission or storage is entirely secure, and we provide no guarantee against unauthorized access by third parties. Because data created by you on the App is stored in plain text and is not encrypted, you agree not to store passwords or other sensitive information. You are responsible for using a strong, unique password for your account and maintaining the confidentiality of your credentials. If you suspect unauthorized activity on your account, you agree to notify us immediately. We are not liable for any data loss, corruption, or breach, as outlined in our Limitations of Liability. If we become aware of a breach that affects your personal data, we will make reasonable efforts to notify you in accordance with applicable laws and regulations.

These Terms remain in effect as long as you continue to access or use the App. We reserve the right, in our sole discretion, to suspend or terminate your account or your access to all or part of the App at any time, with or without notice or for any reason. Reasons for termination include, but are not limited to:
a) Violation of these Terms: If you breach or fail to comply with any part of our Terms and Conditions or other applicable policies.
b) Illegal or Harmful Behavior: If we believe your conduct violates applicable law or could harm our interests, other users, or third parties.
c) Fraud or Misrepresentation: If we detect or suspect fraudulent activity, misrepresentation, or unauthorized use of your account.
d) Extended Inactivity: If your account is inactive for a prolonged period (e.g., 12 months), we may choose to disable or remove it for housekeeping purposes.
Upon termination of your account, your right to use the App immediately ceases. You understand and agree that any data or content (including lists and items) associated with your account may be deleted or made inaccessible at our discretion. We are not liable to you or any third party for the termination or suspension of your account, or for any related deletion of your content. If the App is terminated in its entirety, you acknowledge that we may delete your content permanently and have no obligation to return it to you. We reserve the right at any time to modify, suspend, or discontinue the App (or any part thereof) with or without notice. This includes adding new features, updating existing features, or removing outdated features. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the App. If you have purchased any paid features or subscriptions, termination by us under these Terms may not entitle you to any refund. This is subject to applicable refund policies and local consumer protection laws, where relevant.

These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and interpreted in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflict of laws. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the App (collectively, “Disputes”) shall be submitted to the exclusive jurisdiction of the courts of the Republic of South Africa. You specifically consent to the jurisdiction of the Republic of South Africa and if you reside or access the App outside of South Africa, you understand and agree that, to the fullest extent permitted by applicable law, these Terms are still governed by South African law, and any Disputes shall be resolved in accordance with the above provisions. Nothing in this section shall affect any rights you may have under mandatory consumer protection laws in your country of residence.

We reserve the right to modify or update these Terms and Conditions at any time. If we make significant changes, we will notify you by updating the “Last Updated” date at the top of the document and/or providing a notice within the App or via email (if you have provided one). Your continued use of the App after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with any modifications, you should discontinue using the App.