Terms of Service

SightPicture Platform

This section covers the service provided to Sports Shooting Clubs by SightPicture.

• The service can be terminated by either party with 30 days’ notice. This period exists to ensure the club can request and obtain all of its data from the platform before losing access. It is the Club's sole responsibility to export its data prior to the expiration of the notice period.

• The cost to the club of providing access to the platform is $5.00 per club member registered in the platform per year of the subscription.

• The club may optionally choose to add API access to its subscription. The cost is $10.00 per month for normal usage. Excessive usage (i.e. over 1000 token requests in a month) may incur further costs of $5 per 1000 token requests. Reasonable efforts will be made to inform that club in advance of excessive usage and to work with them to reduce unnecessary token requests.

• The club may optionally choose to add the Training Module to its subscription. The cost is $1.00 per club member registered in the platform per year of the subscription.

• Invoices will be issued in advance, offered on a monthly or yearly billing period at the option of the club.

• The cost may be adjusted by SightPicture from time to time at the commencement of the next billing period. SightPicture will provide at least 30 days' notice of any price adjustments. If you do not agree to the price adjustment, you may terminate this Agreement by providing notice within the 30-day period, and such termination will be effective at the end of the current billing period.

• Monthly adjustments to the cost will be calculated based on the highest number of members registered in that month. An invoice or refund/credit will be issued for any deficit or overprovisioning at the end of the chosen billing period. If the club is testing the system with a subset of members, an adjustment may be issued before the end of the billing period to cover a large increase in the number of members on the platform. The club will be notified of the calculated adjustment monthly.

• A refund of the remaining portion of the cost, prorated by the number of days remaining in the billing period after the end of the notice period, will be issued if the service is terminated.

• The SightPicture Mobile App is available for free download for all Users. It provides essential compliance features at no cost, including the ability to display a digital identification for match sign-in and viewing personal match history.

• Users may optionally subscribe to a monthly service within the Mobile App to access convenience features. The cost and specific features of this subscription will be detailed within the app and are subject to change.

Data Ownership and Privacy

• A User is defined as someone who registers on the SightPicture platform.

• A Member is defined as someone whose data is recorded by the club in the SightPicture platform.

• User data, such as username, password, name, email address, firearms owned by a user and match grades, is owned by individual Users of the platform.

• Club data such as Member info (member id, email address on record, name, firearm licence number and access level) and match history (match date/time/range, firearm PRN/class/calibre shot in a match, match competition/practice status and match scores) is owned by the club.

• SightPicture will not sell User or Club data to third parties.

• SightPicture will make available User and Club data to Amazon Web Services for the purposes of processing and storing information necessary to operate the SightPicture platform.

• All User and Club data will be kept within Australia.

• Club data will be deleted after the notice period expires if the contract is terminated. The club can request that its data is deleted at any time prior to this if it desires.

Acceptable Use

Users and Clubs agree not to:

• Use the platform for any illegal purpose or in violation of any local, state, or federal law.

• Reverse engineer, decompile, or attempt to extract the source code of the SightPicture platform.

• Use the platform to harass, abuse, or harm another person or entity.

• Interfere with or disrupt the integrity or performance of the service.

Warranties and Limitation of Liability

• Consumer Guarantees: Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (ACL) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

• As-Is Basis: Subject to the non-excludable Consumer Guarantees, the SightPicture platform is provided on an "AS IS" and "AS AVAILABLE" basis. SightPicture disclaims all other warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

• Limitation of Liability: To the maximum extent permitted by law and subject to the Consumer Guarantees, in no event shall Cruelty Free WA Pty Ltd, its directors, or employees be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

• Cap on Liability: Subject to the Consumer Guarantees, SightPicture's total liability for any claim arising out of or relating to this Agreement shall not exceed the total amount paid by the Club to SightPicture in the twelve (12) months preceding the event giving rise to the claim.

General Provisions

• Indemnification: You agree to indemnify and hold harmless Cruelty Free WA Pty Ltd from and against any claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your breach of this Agreement, your violation of any law, or your gross negligence or willful misconduct. Your liability under this indemnity will be reduced proportionately to the extent that our own acts or omissions contributed to the loss or liability.

• Force Majeure: SightPicture shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages (including AWS outages), or strikes.

• Governing Law: This Agreement is governed by the laws of Victoria, Australia. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Victoria.

• Amendments: SightPicture reserves the right to modify these terms from time to time. We will notify users of any material changes by posting the new terms on the platform or via email at least 30 days before the changes take effect. If you do not agree to the modified terms, you may terminate this Agreement by providing notice before the changes take effect. Continued use of the platform after such changes constitutes acceptance of the new terms.

• Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

• Intellectual Property: The SightPicture platform, the code that runs it, and the intellectual property inherent in the platform remains the absolute property of Cruelty Free WA Pty Ltd.

The SightPicture Apple Store Application

These terms apply specifically to the SightPicture Apple Store Application are the standard EULA for Apple products.

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.