[PLACEHOLDER] fields completed) before it is relied upon.Terms of Use
Last updated: [EFFECTIVE DATE]
These Terms of Use ("Terms") govern your access to and use of the ShotFrom website and platform (the "Service"), operated by [LEGAL ENTITY NAME] (ABN [ABN]) ("ShotFrom", "we", "us"). By accessing or using the Service, you agree to these Terms. If you are using the Service on behalf of an office or agency, you agree to these Terms on its behalf and confirm you have authority to do so.
1. Definitions
- Office — the real-estate business that holds the subscription and account.
- User — a Principal, Admin, or Agent authorised to access an Office account.
- Content — floor plans, photographs, listing details, pins, and other material uploaded to the Service.
- Viewer — a member of the public who opens a published listing link.
2. Eligibility
You must be at least 18 years old and capable of forming a binding contract. You warrant that you are a real-estate professional (or acting for one) and that your use complies with all laws and professional obligations applicable to real-estate agents in your jurisdiction.
3. Accounts and roles
- Sign-in is passwordless (a one-time "magic link" sent to your email). You are responsible for keeping access to your email secure and for activity under your account.
- Offices have role-based access — Principal, Admin, and Agent — with different permissions. Invited users may only join the Office and role to which they were invited.
- You must provide accurate information and promptly update it. Notify us of any unauthorised use of your account.
4. Your content
You retain ownership of your Content. You grant ShotFrom a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, resize, re-encode, adapt, and display your Content solely to operate and provide the Service (including generating the public listing viewer and optimised image versions).
You represent and warrant that:
- you own or have all necessary rights, licences, and consents to upload the Content and grant this licence (including rights in floor plans and photographs created by third parties such as photographers or draftspeople); and
- your Content does not infringe any third party's intellectual property, privacy, or other rights, and complies with our Acceptable Use Policy.
ShotFrom processes uploaded images into optimised web-resolution versions and does not retain the original full-resolution files after processing. The Service is not a storage, backup, or archival service — you are responsible for keeping your own copies of original files.
5. Acceptable use
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms.
6. Subscriptions and payment
Paid features are provided on a subscription basis and are subject to our Subscription & Billing Terms, which form part of these Terms.
7. Availability
We aim to keep the Service available and performant, but we do not guarantee it will be uninterrupted or error-free. We may modify, suspend, or discontinue features, and perform maintenance, from time to time.
8. Our intellectual property
The Service, including its software, design, branding, and content (excluding your Content), is owned by ShotFrom or its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. You must not copy, reverse-engineer, resell, or create derivative works of the Service.
9. Third-party platforms
ShotFrom lets you generate a link to paste into third-party platforms (such as realestate.com.au and Domain). We are not affiliated with, endorsed by, or responsible for those platforms, and your use of them is governed by their own terms.
10. Suspension and termination
- You may stop using the Service and cancel your subscription at any time.
- We may suspend or terminate access if you breach these Terms, fail to pay, or use the Service unlawfully or in a way that risks harm to others or to the Service.
- On termination, your right to use the Service ends. Data handling after termination is described in our Privacy Policy and Subscription & Billing Terms.
11. Consumer guarantees
Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law (ACL) or other law that cannot lawfully be excluded. Where our liability for a failure to comply with a consumer guarantee can be limited, it is limited (at our option) to re-supplying the service or paying the cost of re-supply.
12. Disclaimers and limitation of liability
Subject to clause 11 and to the extent permitted by law: the Service is provided "as is"; we exclude all implied warranties; and we are not liable for indirect, incidental, special, or consequential loss, or for loss of profits, data, goodwill, or business opportunity. To the extent permitted by law, our total aggregate liability arising out of or in connection with the Service is limited to the amount you paid us for the Service in the 12 months before the event giving rise to the liability. [Confirm the liability cap with your solicitor.]
13. Indemnity
To the extent permitted by law, you indemnify us against claims, losses, and costs arising from your Content, your breach of these Terms, or your unlawful use of the Service.
14. Governing law
These Terms are governed by the laws of [STATE], Australia, and you submit to the non-exclusive jurisdiction of its courts.
15. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified through the Service. Continued use after changes take effect constitutes acceptance.
16. Contact
[LEGAL ENTITY NAME] — [SUPPORT CONTACT EMAIL]