Terms of Service

Last updated: January 1, 2024

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "Client") and Shootsta Pty Ltd (ACN 614 001 877) and its related entities ("Shootsta", "we", "us", or "our").

By accessing or using our website at shootsta.com, our video production platform, or any of our services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" will refer to that entity.

2. Services Overview

Shootsta provides a video production and editing platform and related services that enable businesses to create professional video content. Our Services may include, but are not limited to:

• Access to the Shootsta platform for managing video production workflows.
• Professional video editing services performed by our team of editors.
• Video equipment kits provided on loan for the duration of your subscription.
• Training, onboarding, and ongoing support for video production.
• Shootsta Premier, Shootsta Pro, and Shootsta Create service tiers.
• Licensed music through Shootsta TRAX or third-party music libraries.

3. Account Registration

To access certain features of our Services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate.
• Maintain the security and confidentiality of your login credentials.
• Accept responsibility for all activities that occur under your account.
• Notify Shootsta immediately of any unauthorized use of your account.

Shootsta reserves the right to suspend or terminate your account at any time if we reasonably believe that you have violated these Terms.

4. Subscription and Payment

4.1 Subscription Plans

Access to our Services is provided on a subscription basis. Details of available plans, pricing, and features are set out on our website or in a separate service agreement ("Service Agreement"). In the event of any conflict between these Terms and a Service Agreement, the Service Agreement will prevail.

4.2 Payment

You agree to pay all fees associated with your selected subscription plan in accordance with the payment terms set out in your Service Agreement or on our website. All fees are quoted exclusive of applicable taxes unless otherwise stated. Shootsta reserves the right to change its pricing at any time, provided that any price changes will not apply to you until the next renewal of your subscription.

4.3 Renewal and Cancellation

Subscriptions will automatically renew at the end of each billing period unless you provide written notice of cancellation in accordance with the notice period specified in your Service Agreement. If no notice period is specified, a minimum of 30 days' written notice is required before the end of the current billing period.

5. Intellectual Property

5.1 Shootsta's Intellectual Property

All intellectual property rights in the Services, including but not limited to the Shootsta platform, website, software, designs, text, graphics, logos, icons, and trademarks, are owned by or licensed to Shootsta. Nothing in these Terms grants you any right, title, or interest in our intellectual property except as expressly set out herein.

5.2 Your Content

You retain all intellectual property rights in the content you provide to us, including raw video footage, images, scripts, and brand assets ("Your Content"). By uploading or providing Your Content to Shootsta, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Your Content solely for the purpose of providing the Services to you.

You represent and warrant that you own or have the necessary rights, licenses, and permissions to provide Your Content to Shootsta and to grant the license described above.

5.3 Edited Videos

Subject to full payment of all applicable fees, you will own the intellectual property rights in the final edited videos produced by Shootsta using Your Content, excluding any pre-existing Shootsta intellectual property, third-party content (including licensed music), and Shootsta templates or motion graphics, which remain the property of their respective owners and are licensed to you solely for use in connection with the edited videos.

6. Equipment

Where Shootsta provides video equipment kits as part of the Services ("Equipment"), the following terms apply:

• Equipment remains the property of Shootsta and is provided on loan for the duration of your subscription.
• You are responsible for the care and safe-keeping of the Equipment while it is in your possession.
• You must not modify, disassemble, or tamper with the Equipment.
• You are liable for any loss, damage, or theft of the Equipment while in your possession, ordinary wear and tear excluded.
• Upon termination or expiration of your subscription, you must return the Equipment to Shootsta in good condition within 14 days unless otherwise agreed in writing.

7. Acceptable Use

You agree not to use the Services to:

• Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Infringe the intellectual property rights or privacy rights of any third party.
• Transmit any viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to the Services, other accounts, or any computer systems or networks connected to the Services.
• Use the Services for any purpose that is illegal or prohibited by these Terms.
• Resell, sublicense, or otherwise make the Services available to any third party without Shootsta's prior written consent.
• Reverse engineer, decompile, or disassemble any aspect of the Services.

8. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Services ("Confidential Information"). Neither party will use the other party's Confidential Information except as necessary to perform its obligations or exercise its rights under these Terms. This obligation does not apply to information that is publicly available, independently developed, or rightfully received from a third party without restriction.

9. Limitation of Liability

To the maximum extent permitted by law:

• Shootsta's total aggregate liability arising out of or in connection with these Terms or the Services will not exceed the total fees paid by you to Shootsta in the 12 months immediately preceding the event giving rise to the claim.
• Shootsta will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunity, regardless of the cause of action or the theory of liability.
• Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, death, or personal injury caused by negligence.

10. Indemnification

You agree to indemnify, defend, and hold harmless Shootsta and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Services.
• Your breach of these Terms.
• Your violation of any law or the rights of any third party.
• Your Content, including any claim that Your Content infringes the intellectual property rights of a third party.

11. Warranties and Disclaimers

Shootsta will use reasonable skill and care in providing the Services. However, to the maximum extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Shootsta does not warrant that the Services will be uninterrupted, error-free, or completely secure, or that any defects will be corrected. You acknowledge that you use the Services at your own risk.

12. Termination

Either party may terminate the subscription in accordance with the cancellation provisions set out in Section 4.3 or in the applicable Service Agreement.

Shootsta may suspend or terminate your access to the Services immediately, without prior notice or liability, if:

• You breach any material provision of these Terms.
• You fail to pay any fees when due and do not remedy the default within 14 days of receiving written notice.
• You become insolvent, enter into administration, or are subject to any analogous event.

Upon termination, your right to use the Services will immediately cease. Sections that by their nature should survive termination will survive, including intellectual property provisions, limitation of liability, indemnification, and dispute resolution.

13. Dispute Resolution

If a dispute arises in connection with these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may refer the dispute to mediation. If mediation is unsuccessful, either party may pursue resolution through the courts.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and any courts of appeal therefrom.

15. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to natural disasters, acts of government, pandemic, fire, flood, war, terrorism, labor disputes, internet or telecommunications failures, or power outages.

16. General Provisions

• Entire Agreement: These Terms, together with any applicable Service Agreement, constitute the entire agreement between you and Shootsta regarding the Services and supersede all prior agreements and understandings.
• Amendment: Shootsta reserves the right to modify these Terms at any time. Material changes will be communicated to you via email or through the Services. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.
• Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without Shootsta's prior written consent. Shootsta may assign these Terms without restriction.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
• Waiver: No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right.
• Notices: All notices under these Terms must be in writing and will be deemed given when delivered by email to the address associated with your account or, for notices to Shootsta, to legal@shootsta.com.

17. Contact Us

If you have any questions about these Terms, please contact us at: