1. Introduction
These Subscription Terms govern access to and use of subscription-based Products and Services provided by ShotTrack Pty Ltd ("ShotTrack", "we", "our" or "us"), including the ShockAI cloud platform and any associated software, analytics, reporting or online services.
These Terms form part of the ShotTrack Legal & Trust Framework and should be read together with the:
- Products & Services Terms;
- Website Terms of Use;
- Privacy Policy;
- AI & Data Policy;
- Acceptable Use Policy; and
- any applicable Quotation, Order Confirmation or Service Agreement.
By purchasing or using a Subscription Service, the Customer agrees to these Subscription Terms.
2. Purpose
ShotTrack Subscription Services provide Customers with access to cloud-based software, data storage, reporting, analytics, artificial intelligence tools and other online functionality associated with eligible ShotTrack Products.
Subscription Services are designed to evolve over time as new capabilities become available.
3. Scope
These Terms apply to subscription-based services including, where applicable:
- ShockAI;
- cloud dashboards;
- desktop applications requiring subscription licensing;
- mobile applications requiring subscription licensing;
- AI-powered analytics;
- automated reporting;
- compliance reporting;
- API access;
- cloud storage;
- user licences;
- connected device services;
- future subscription services released by ShotTrack.
Hardware purchases are governed separately by the Products & Services Terms.
4. Subscription Plans
ShotTrack offers a range of subscription plans designed to meet different operational requirements.
Subscription plans may vary according to:
- number of users;
- number of connected devices;
- storage capacity;
- project limits;
- available reports;
- AI functionality;
- integrations;
- API access;
- customer support;
- other included features.
Subscription inclusions are those published or quoted at the time of purchase.
ShotTrack may introduce new subscription plans or retire existing plans as Products and Services evolve.
5. Subscription Commencement
Subscriptions commence on the date specified in the applicable Order Confirmation or when access to the Subscription Service is first made available, whichever occurs first.
Subscription periods continue for the term specified in the applicable quotation, invoice or Order Confirmation.
6. User Accounts
Each Subscription Customer is responsible for managing its own user accounts.
The Customer agrees to:
- ensure users are authorised;
- maintain accurate account information;
- remove users who no longer require access;
- maintain password security;
- promptly notify ShotTrack of suspected unauthorised access.
The Customer remains responsible for all activity undertaken using its accounts.
7. Subscription Fees
Subscription fees are payable in accordance with the applicable quotation or invoice.
Unless otherwise agreed:
- fees are payable in advance;
- fees are exclusive of GST unless otherwise stated;
- international Customers are responsible for applicable taxes, duties and government charges outside Australia.
Late payment may result in suspension of Subscription Services.
8. Renewals
Unless otherwise agreed in writing, subscriptions renew automatically for successive subscription periods.
ShotTrack may provide notice prior to renewal where pricing or subscription terms will change.
Customers may elect not to renew by providing notice before the renewal date in accordance with the applicable agreement.
Failure to cancel before renewal may result in the next subscription period commencing automatically.
9. Changes to Subscription Plans
Customers may request upgrades to higher subscription plans at any time.
Downgrades may take effect:
- immediately where technically practical;
- at the commencement of the next subscription period; or
- in accordance with the applicable commercial agreement.
Where subscription changes affect pricing, revised fees will apply from the effective date of the change.
10. Included Services
Depending upon the selected subscription plan, Subscription Services may include:
- cloud project management;
- automated reporting;
- compliance reporting;
- AI-assisted analysis;
- data visualisation;
- waveform analysis;
- historical reporting;
- cloud storage;
- API access;
- software updates;
- firmware downloads;
- technical support;
- future subscription features included within the applicable plan.
Access to specific functionality depends upon the Customer's selected subscription plan.
11. Customer Data
The Customer retains ownership of all Customer Data uploaded to or generated through the Subscription Services.
Nothing in these Subscription Terms transfers ownership of Customer Data to ShotTrack.
To provide the Subscription Services, the Customer grants ShotTrack a non-exclusive, worldwide, royalty-free licence to:
- host Customer Data;
- store Customer Data;
- process Customer Data;
- generate reports;
- perform analytics;
- provide technical support;
- maintain backups;
- deliver subscription functionality.
The use of Customer Data is further governed by the ShotTrack Privacy Policy and AI & Data Policy.
12. Artificial Intelligence Services
Certain Subscription Services include artificial intelligence ("AI"), machine learning or advanced analytical functionality.
AI features are intended to assist Customers by providing:
- engineering insights;
- trend analysis;
- predictive modelling;
- anomaly detection;
- automated report generation;
- compliance assistance;
- other analytical capabilities.
AI-generated outputs are advisory in nature and do not replace engineering judgement, regulatory compliance or professional decision-making.
Customers remain responsible for validating AI-generated information before relying upon it.
The collection and use of Customer Data in connection with AI services is governed by the AI & Data Policy.
13. Storage and Usage Limits
Subscription plans may include limits relating to:
- cloud storage;
- uploaded files;
- projects;
- connected devices;
- users;
- API requests;
- AI processing;
- report generation;
- historical data retention.
Where usage approaches or exceeds the applicable limits, ShotTrack may:
- notify the Customer;
- recommend an alternative subscription plan;
- apply additional usage charges where agreed;
- temporarily restrict access to affected functionality until usage returns within the applicable limits.
ShotTrack will use reasonable efforts to provide advance notice where practical.
14. Fair Use
Subscription Services are intended for legitimate commercial use.
Customers must not use the Subscription Services in a manner that:
- unreasonably consumes shared infrastructure resources;
- disrupts other Customers;
- interferes with platform stability;
- intentionally bypasses subscription limitations;
- abuses AI processing resources;
- attempts to circumvent system controls.
ShotTrack reserves the right to investigate suspected misuse and take reasonable action to protect platform availability.
15. API Access
Where API access is included within a subscription plan, Customers may use the API in accordance with the published API documentation.
Customers must not:
- bypass authentication controls;
- exceed documented rate limits;
- interfere with platform security;
- access information belonging to another Customer;
- reverse engineer undocumented API functionality.
ShotTrack may modify APIs as Products and Services evolve.
Where practical, reasonable notice will be provided before changes that materially affect supported integrations.
16. Availability of Subscription Services
ShotTrack aims to provide highly reliable Subscription Services.
However, the Subscription Services are provided on an "as available" basis.
ShotTrack does not guarantee uninterrupted or error-free operation.
Availability may be affected by:
- scheduled maintenance;
- emergency maintenance;
- internet outages;
- cloud infrastructure failures;
- telecommunications issues;
- cyber security incidents;
- force majeure events.
ShotTrack will use reasonable efforts to minimise disruption and restore services promptly.
17. Maintenance and Updates
ShotTrack continually develops and improves its Subscription Services.
Maintenance activities may include:
- security updates;
- software improvements;
- infrastructure upgrades;
- performance optimisation;
- new functionality;
- bug fixes.
Planned maintenance will generally be scheduled to minimise operational disruption.
Emergency maintenance may be undertaken without prior notice where necessary to maintain system security or reliability.
18. Suspension of Services
ShotTrack may suspend all or part of the Subscription Services where reasonably necessary to:
- protect platform security;
- investigate suspected misuse;
- comply with legal obligations;
- prevent fraud;
- respond to cyber security incidents;
- address overdue accounts;
- perform emergency maintenance.
Where reasonably practicable, ShotTrack will notify affected Customers before planned suspensions.
Suspension does not relieve the Customer of any obligation to pay fees due under the applicable subscription.
19. Termination
A Subscription may be terminated:
- by mutual agreement;
- by either party in accordance with the applicable commercial agreement;
- by ShotTrack where the Customer materially breaches these Terms and fails to remedy the breach within thirty (30) days after receiving written notice;
- immediately where continued access would expose ShotTrack, its Customers or its systems to unacceptable legal or security risk.
Upon termination:
- access to Subscription Services will cease;
- Customer Data will be managed in accordance with the Privacy Policy and AI & Data Policy;
- accrued payment obligations remain payable.
20. Billing and Payment
Subscription invoices are payable in accordance with the applicable quotation or invoice.
Where payment is not received by the due date, ShotTrack may:
- issue payment reminders;
- suspend Subscription Services;
- recover reasonable debt collection costs where permitted by law;
- terminate the Subscription in accordance with these Terms.
Subscription fees already paid are generally non-refundable except where required by law or expressly agreed in writing.
21. Cancellation
Customers may elect not to renew a Subscription by providing written notice before the commencement of the next subscription term.
Cancellation of a Subscription does not relieve the Customer of any obligation to pay fees that have accrued prior to the effective cancellation date.
Unless otherwise agreed in writing or required by law:
- Subscription fees paid in advance are non-refundable;
- partial subscription periods are not refunded;
- unused features, storage allocations or service allowances do not carry forward to future subscription periods.
Where a Subscription forms part of a broader commercial agreement, the cancellation provisions contained within that agreement will prevail to the extent of any inconsistency.
22. Customer Data Following Termination
Following termination or expiry of a Subscription, the Customer may request the export of Customer Data that remains available within the Subscription Service.
Where technically practicable, ShotTrack will provide Customer Data in a commonly used electronic format.
Requests for data export should be made before the Customer's access to the Subscription Service expires or within any applicable retention period advised by ShotTrack.
After the applicable retention period has expired, ShotTrack may permanently delete Customer Data in accordance with the Privacy Policy, AI & Data Policy and internal data retention procedures.
ShotTrack is not responsible for retaining Customer Data indefinitely after termination of a Subscription.
23. Intellectual Property
All Intellectual Property Rights in the Subscription Services remain the property of ShotTrack or its licensors.
This includes, without limitation:
- software;
- source code;
- object code;
- cloud infrastructure;
- databases;
- dashboards;
- reports;
- graphics;
- user interfaces;
- APIs;
- algorithms;
- artificial intelligence models;
- documentation;
- trademarks;
- product names;
- technical know-how.
Except for the limited rights expressly granted under these Subscription Terms, no Intellectual Property Rights are transferred to the Customer.
Customers must not copy, reproduce, distribute, modify, reverse engineer or otherwise exploit any part of the Subscription Services except where expressly permitted by law or authorised in writing by ShotTrack.
24. Limitation of Liability
To the maximum extent permitted by law, ShotTrack is not liable for any indirect, incidental, consequential or special loss arising out of or in connection with the Subscription Services, including:
- loss of profits;
- loss of production;
- business interruption;
- loss of contracts;
- loss of goodwill;
- loss of anticipated savings;
- loss of business opportunity;
- loss or corruption of data;
- interruption to internet connectivity;
- failures of third-party infrastructure.
Nothing in these Subscription Terms excludes or limits any rights or remedies that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth) or other applicable legislation.
Where liability cannot be excluded, ShotTrack's liability is limited to the maximum extent permitted by law and, where lawful, to the amount paid by the Customer for the affected Subscription Service during the twelve (12) months immediately preceding the event giving rise to the claim.
25. Force Majeure
ShotTrack is not responsible for delays or failures in the performance of the Subscription Services where such delay or failure results from circumstances beyond our reasonable control.
Examples include:
- natural disasters;
- severe weather events;
- pandemic or epidemic;
- war;
- terrorism;
- industrial disputes;
- government action;
- telecommunications failures;
- internet outages;
- cloud infrastructure failures;
- cyber security incidents;
- failures of third-party service providers.
ShotTrack will use reasonable efforts to minimise disruption and restore normal operation as soon as reasonably practicable.
26. Changes to Subscription Services
ShotTrack continually develops and improves its Products and Services.
Accordingly, Subscription Services may be updated from time to time to:
- improve functionality;
- improve security;
- enhance performance;
- introduce new features;
- retire obsolete functionality;
- maintain compatibility with supported Products.
Where changes materially reduce existing functionality included within an active Subscription, ShotTrack will use reasonable efforts to provide advance notice where reasonably practicable.
27. Changes to these Subscription Terms
ShotTrack may amend these Subscription Terms from time to time to reflect:
- legislative changes;
- changes to business operations;
- changes to Subscription Services;
- improvements to customer protections;
- changes to industry practice.
The current version will always be available on the ShotTrack website.
Where changes materially affect Customers, reasonable notice will be provided through appropriate communication channels.
28. Contacting ShotTrack
For enquiries relating to Subscription Services, please contact:
ShotTrack Pty Ltd
ABN 43 168 396 183
Unit 4, 21–23 Hurley Drive
Coffs Harbour NSW 2450
Australia
General Enquiries: info@shottrack.com.au
Website: https://www.shottrack.com.au
29. Related Documents
These Subscription Terms form part of the ShotTrack Legal & Trust Framework and should be read together with:
- Products & Services Terms
- Website Terms of Use
- Privacy Policy
- Cookie Policy
- AI & Data Policy
- Acceptable Use Policy
- Warranty Policy
- Returns & Repairs Policy
Where a separate written Subscription Agreement, Enterprise Agreement or Statement of Work expressly provides different subscription arrangements, that agreement will prevail to the extent of any inconsistency.
30. Governing Law
These Subscription Terms are governed by the laws of the State of New South Wales, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.