Terms of Service

1. Pckgr services

Pckgr provides software and services for application and endpoint management.

Pckgr for Intune works with Microsoft Intune and provides application management and related Intune management functionality.

Pckgr RMM is a standalone endpoint management platform.

Features, functionality and platform support may vary between products, subscription plans and operating systems.

Current product information is available through the relevant Pckgr website and documentation.

2. Your right to use Pckgr

Subject to these Terms and any applicable subscription, order or agreement, Pckgr grants you a limited, non-exclusive, non-transferable right to access and use the applicable Pckgr services for your organisation’s legitimate business purposes.

Your right to use a service continues for the period of your applicable subscription, trial or other authorised access.

You do not acquire ownership of Pckgr software, services, documentation, trademarks or other intellectual property by using our services.

3. Accounts and authorised users

You are responsible for maintaining the security of your Pckgr account and ensuring that account information is accurate and current.

You are responsible for activity carried out through your account by users you authorise to access Pckgr.

You must take reasonable steps to protect account credentials and must not knowingly allow unauthorised persons to access your account.

You should notify Pckgr promptly if you become aware of unauthorised access to your account or another security issue affecting your use of the services.

Where Pckgr provides role-based access, tenant access or other administrative controls, you are responsible for configuring access appropriately for your organisation.

4. Customer responsibilities

You are responsible for:

• determining whether Pckgr is suitable for your environment and requirements
• ensuring you have authority to manage devices, applications, users, tenants and environments connected to Pckgr
• maintaining appropriate backups and recovery processes for your environment
• reviewing configurations, deployments, scripts, policies and other administrative actions before applying them where appropriate
• ensuring your use of Pckgr complies with applicable laws, contracts and organisational policies
• maintaining the security of your accounts, devices and credentials
• ensuring information you provide to Pckgr is accurate and lawful

Pckgr provides administrative tools capable of making changes to managed environments. You are responsible for ensuring that users given access to those tools are appropriately authorised.

5. Acceptable use

You must not use Pckgr to:

• violate applicable law
• access or manage devices, systems or environments without appropriate authority
• distribute malware or intentionally harmful software
• interfere with or disrupt Pckgr’s services or infrastructure
• attempt to bypass security, authentication, access or usage controls
• probe, scan or test Pckgr systems for vulnerabilities without written authorisation
• reverse engineer or attempt to derive source code except where such restriction is prohibited by law
• resell, sublicense or provide access to Pckgr except where expressly authorised by your subscription or written agreement
• use Pckgr in a way that infringes the intellectual property or other rights of another person

Pckgr may take reasonable action to protect its services, customers, users and systems from misuse, security threats or unlawful activity.

6. Managed devices and third-party environments

Pckgr services may interact with customer-managed devices and third-party platforms.

For Pckgr for Intune, this includes authorised interaction with Microsoft Intune and related Microsoft services.

Pckgr RMM may install and operate software agents on devices managed by you or your organisation.

You are responsible for ensuring you have all permissions, licences, notices and consents required to connect, enrol or manage those devices and environments.

7. Applications, packages and third-party software

Pckgr may provide access to application packages, installers, integrations or information relating to software developed by third parties.

Third-party software remains subject to the applicable vendor’s licence terms, conditions and intellectual property rights.

Pckgr does not acquire ownership of third-party software merely by packaging, hosting, deploying or facilitating access to it.

Software vendors may change installers, licensing, functionality, compatibility or distribution methods without notice to Pckgr.

You are responsible for ensuring your organisation holds any licences required to use third-party software deployed through Pckgr.

8. Customer content, scripts and configurations

Certain Pckgr features may allow you to provide, upload, create or execute content such as applications, scripts, policies, configurations or other administrative instructions.

You retain ownership of content that you or your organisation provide to Pckgr.

You grant Pckgr the rights reasonably necessary to process that content for the purpose of providing the requested service.

You are responsible for ensuring that you have the rights and authority required to provide and use that content.

9. Subscriptions, fees and billing

Some Pckgr services are provided through paid subscriptions.

Pricing, billing periods, device allowances and included features are those presented when you subscribe, in your applicable order or invoice, or on the relevant current pricing page.

Unless otherwise stated at the time of purchase, paid subscriptions renew for the applicable billing period until cancelled.

You are responsible for providing accurate billing information and paying applicable fees when due.

Unless otherwise stated, applicable taxes may be added where required by law.

Pckgr may change pricing or subscription structures from time to time. Where a pricing change affects an existing paid subscription, we will provide reasonable advance notice before the change takes effect.

If you do not wish to continue your subscription at the new price, you may cancel before the new price takes effect. Your existing subscription will continue until the end of the billing period you have already paid for.

Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law or other applicable law.

10. Trials, free plans and beta services

Pckgr may offer free trials, free plans, beta services, preview features or other forms of limited access.

Eligibility, duration, usage limits and included functionality may vary.

Trial, beta and preview functionality may be incomplete, changed during development or less reliable than generally available services.

Pckgr may modify or discontinue a free, trial, beta or preview offering, subject to applicable law and any commitments expressly made to you.

11. Cancellation, suspension and termination

You may cancel a Pckgr subscription at any time using the cancellation options available for your subscription or by contacting Pckgr.

When you cancel a paid subscription, your access to the applicable paid service will continue until the end of your current paid billing period. Your subscription will not renew after that period.

Payments already made are non-refundable except where otherwise required by law or expressly agreed by Pckgr.

Pckgr may suspend or terminate access where:

• you materially breach these Terms and, where the breach can reasonably be remedied, fail to remedy it within a reasonable period after being notified
• fees remain unpaid when due
• your use creates a material security or operational risk
• your use is unlawful
• suspension or termination is required by law

Where reasonably practicable, Pckgr will provide notice and an opportunity to remedy the issue before suspending or terminating your access.

Pckgr may take immediate action where reasonably necessary to address a security threat, unlawful activity, material risk to Pckgr or another customer, or where required by law.

Any suspension or termination will not affect rights or obligations that accrued before the effective date of suspension or termination.

12. Intellectual property

Pckgr and its licensors retain all rights, title and interest in Pckgr software, services, websites, documentation, branding and associated intellectual property.

Except for the rights expressly granted under these Terms, no rights are transferred to you.

“Pckgr”, Pckgr product names, logos and associated branding are owned by or licensed to Pckgr and may not be used in a way that implies endorsement or affiliation without permission.

13. Feedback

If you provide suggestions, ideas or feedback about Pckgr, you permit us to use that feedback to develop and improve our products and services without an obligation to compensate you.

This does not transfer ownership of your confidential information or other customer content to Pckgr.

14. Confidentiality

Each party may receive non-public information from the other that would reasonably be considered confidential.

Each party agrees to take reasonable steps to protect confidential information and use it only for purposes connected with the relationship between the parties.

Confidential information may be disclosed where required by law, court order or another legally binding requirement.

Where legally permitted and reasonably practicable, the receiving party will endeavour to notify the other party before making a required disclosure.

15. Privacy

Pckgr handles personal information in accordance with our Privacy Policy and applicable privacy law.

Our Privacy Policy explains how Pckgr collects, holds, uses and discloses personal information and is available on the Pckgr website.

16. Security

Pckgr takes reasonable technical and organisational measures designed to protect its services and information.

Additional information about our approach to security is available on the Pckgr Security page.

No internet-connected service can be guaranteed to be completely secure.

You are responsible for implementing security measures appropriate to your own environment and use of Pckgr.

17. Availability and changes to the services

Pckgr works to keep its services available and reliable, but does not guarantee uninterrupted or error-free operation unless a separate written agreement expressly provides a service level commitment.

We may modify, improve or replace features as our products evolve.

Where a change materially reduces the core functionality of an existing paid service during a current paid subscription period, Pckgr will provide reasonable notice where practicable.

Pckgr may discontinue a service or material feature where reasonably necessary. Where this materially affects an existing paid subscription, we will provide reasonable notice and address any prepaid unused portion as required by applicable law or any applicable agreement.

18. Third-party services

Pckgr may integrate with or depend on services provided by third parties, including operating system vendors, cloud providers, software vendors and other technology platforms.

Those services are outside Pckgr’s direct control and may be subject to their own terms.

Pckgr is not responsible for changes, outages or restrictions caused solely by third-party services outside our reasonable control.

Nothing in this section limits rights or remedies that cannot lawfully be excluded.

19. Warranties and Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

Subject to those rights, Pckgr services are provided on an “as available” basis.

To the extent permitted by law, Pckgr does not warrant that its services will always be uninterrupted, error-free or suitable for every particular environment or purpose.

20. Limitation of liability

Nothing in these Terms excludes, restricts or limits liability or rights where doing so would be prohibited by law, including any rights or remedies that cannot be excluded under the Australian Consumer Law.

To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special or consequential loss arising from the services, including loss of profits, revenue, business opportunity or anticipated savings.

To the extent permitted by law, Pckgr’s aggregate liability arising out of or in connection with the affected service will not exceed the fees paid by the Customer to Pckgr for that service during the 12 months immediately preceding the event giving rise to the claim.

Where applicable law permits liability to be limited only in a particular manner, Pckgr’s liability will be limited only to the extent and in the manner permitted by that law.

21. Indemnity

To the extent permitted by law, you agree to indemnify Pckgr against claims, losses and reasonable costs to the extent they reasonably arise from:

• your unlawful use of the services
• your material breach of these Terms
• content, scripts or software supplied by you that infringe another person’s rights
• your management of devices or environments without appropriate authority

This indemnity does not apply to the extent that a claim, loss or cost was caused or contributed to by Pckgr’s breach, negligence, wilful misconduct or unlawful conduct.

22. Changes to these Terms

Pckgr may update these Terms from time to time to reflect changes to our business, products, services or legal requirements.

The current version will be published on the Pckgr website with an updated “Last updated” date.

Where a change materially affects an existing paid service or materially alters your rights or obligations, we will provide reasonable advance notice where appropriate or required by law.

Changes will not retrospectively alter rights or obligations that accrued before the change took effect unless required by law or agreed between the parties.

23. Order of precedence

If you and Pckgr enter into a separately negotiated written agreement or order that expressly applies to your use of a Pckgr service, that agreement or order will take precedence over these Terms to the extent of any inconsistency.

Otherwise, these Terms apply to your use of Pckgr services.

24. Entire agreement

These Terms, together with any applicable order, subscription terms and policies expressly incorporated into them, constitute the agreement between you and Pckgr concerning your use of the applicable services, unless a separate written agreement applies.

25. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable where possible.

If it cannot be made enforceable, it will be severed without affecting the remaining provisions.

26. Waiver

A failure or delay by either party to exercise a right under these Terms does not waive that right.

A waiver is effective only to the extent expressly given.

27. Governing law

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

The parties submit to the jurisdiction of the courts of Victoria and applicable Commonwealth courts of Australia.

Nothing in this section limits any rights you may have under laws that apply regardless of this choice of law.

28. Contact us

Questions about these Terms can be sent to: