Terms of Service for Shutterspeed Pty Ltd
Effective Date: 01/01/25
Welcome to Shutterspeed Pty Ltd (referred to as “Shutterspeed,” “we,” “us,” or “our”). These Terms and Conditions (the “Terms”) govern your access to and use of our software-as-a-service (SaaS) platform, tools, and services (collectively, the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must cease using the Platform immediately. These Terms have been designed to provide comprehensive information regarding your responsibilities, our obligations, and the limitations of liability applicable to the use of the Platform.
1. Early Adopters and Alpha-Stage Disclaimer
1.1 Alpha-Stage Software: Shutterspeed is currently in its alpha development stage. The Platform is provided on an “as-is” and “as-available” basis without guarantees of stability, reliability, or accuracy. We are actively refining the features and addressing technical issues, but full functionality and uninterrupted service cannot be guaranteed during this stage.
1.2 Acknowledgment of Risks: By using the Platform, you acknowledge and accept that there may be errors, disruptions, or inaccuracies, including potential data losses. Shutterspeed disclaims all liability for any adverse impact resulting from such issues, including but not limited to financial, operational, or reputational damages.
1.3 Feedback Ownership: Any feedback, suggestions, or recommendations you provide to Shutterspeed become the exclusive property of Shutterspeed Pty Ltd. By submitting feedback, you waive any claim to compensation or acknowledgment related to the use or implementation of your contributions in enhancing the Platform.
2. Data Collection and Privacy
2.1 Types of Data Collected: Shutterspeed collects:
Local file activity logs (not content) to track file modifications and productivity metrics.
User-provided data, including client details, project information, budgets, profit and loss analyses, and team member details.
Billing information for paid users, including credit card details, office locations, and subscription-related information.
2.2 Purpose of File Scanning: Shutterspeed’s file-scanning functionality is designed to track changes to local files and databases for accurately logging time spent on creative projects. File content is never accessed, stored, or uploaded to Shutterspeed’s servers, ensuring user confidentiality and security.
2.3 Data Retention: Data is retained for up to one year after account deactivation, unless required earlier for service upgrades or database resets during the alpha stage. We reserve the right to implement changes to our retention policy in compliance with applicable laws.
2.4 Third-Party Integrations: Shutterspeed partners with trusted third-party services, including payment gateways and project management tools. By using the Platform, you agree to the sharing of data with these third parties as necessary to provide integrated and efficient services.
2.5 Privacy Policy: Additional details regarding our data handling practices are outlined in Shutterspeed’s Privacy Policy. Your continued use of the Platform indicates acceptance of these policies.
3. User Responsibilities and Misuse
3.1 Prohibited Activities: Users must not:
Intentionally manipulate data to mislead the Platform’s algorithm or disrupt the accuracy of results.
Engage in activities that compromise the security, integrity, or availability of the Platform, such as attempting unauthorized access or introducing malicious software.
Violate any applicable laws, regulations, or third-party rights in connection with the use of the Platform.
3.2 Accuracy of Data: Users are responsible for ensuring the accuracy, completeness, and reliability of the data they upload. Although Shutterspeed employs advanced tracking algorithms, inaccuracies or inconsistencies in results may arise if inaccurate data is provided.
3.3 No Misrepresentation: Users must not misrepresent their identity, billing details, or any other account-related information. Failure to comply may result in immediate termination of access to the Platform.
4. Liability Limitation and Warranty Disclaimers
4.1 No Warranty of Accuracy: Shutterspeed does not guarantee the accuracy, completeness, or reliability of the data, metrics, or calculations provided by the Platform, particularly during the alpha stage. Users should exercise independent judgment when relying on these outputs.
4.2 Limitation of Liability: To the fullest extent permitted by law, Shutterspeed’s total liability for any claims, damages, or losses arising out of the use or inability to use the Platform is limited to the lesser of the amount paid by the user in the six (6) months preceding the claim or AUD $100. Shutterspeed disclaims all liability for indirect, incidental, or consequential damages.
4.3 Indemnification: Users agree to indemnify, defend, and hold Shutterspeed harmless from and against all claims, damages, losses, and expenses, including legal fees, arising out of misuse of the Platform or violation of these Terms.
5. Subscription and Payments
5.1 Freemium Model: Shutterspeed offers a freemium model with free and paid subscription tiers. Free-tier users may experience restricted access to advanced features and limited functionality.
5.2 Paid Subscriptions: Paid users gain access to enhanced features and functionality, subject to applicable subscription fees. These fees are non-refundable except as explicitly outlined in Clause 5.4.
5.3 Auto-Renewals: Paid subscriptions automatically renew on a recurring basis unless canceled by the user at least 24 hours prior to the renewal date. Users are responsible for managing their subscription preferences to avoid unwanted charges.
5.4 Refund Policy: Refunds may be issued solely at Shutterspeed’s discretion in exceptional circumstances, such as major service outages or prolonged account inactivity. Refunds, if granted, are limited to one (1) month’s subscription fees.
6. Governing Law and International Compliance
6.1 Jurisdiction: These Terms are governed by the laws of [Insert Governing Jurisdiction], without regard to conflict of law principles. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of courts within this jurisdiction.
6.2 GDPR and CCPA Compliance: Users in applicable jurisdictions, including the European Union and California, have specific rights under the GDPR and CCPA. Shutterspeed processes personal data in accordance with these regulations, ensuring transparency, accountability, and user rights.
6.3 Dispute Resolution: Disputes will be resolved initially through good-faith negotiation between the parties. If unresolved, disputes will be subject to binding arbitration conducted virtually in accordance with the rules of an independent arbitration service.
7. Intellectual Property Protections
7.1 Ownership of IP: Shutterspeed Pty Ltd retains all rights, title, and interest in the Platform, including its software, branding, trademarks, trade secrets, and documentation. Unauthorized use, reproduction, or distribution of Shutterspeed’s intellectual property is strictly prohibited.
7.2 User-Generated Content: Users retain ownership of intellectual property uploaded to the Platform. By uploading such content, users grant Shutterspeed a non-exclusive, royalty-free license to process, display, and otherwise utilize the content solely to deliver Platform services.
8. Updates to Terms
8.1 Notification of Changes: Shutterspeed reserves the right to modify or update these Terms at any time. Users will be notified of material changes through email communication or Platform notifications. It is the user’s responsibility to review updates to remain informed.
8.2 Continued Use: Continued use of the Platform after the publication of updated Terms constitutes acceptance of those changes. Users who do not agree to updated Terms may discontinue use of the Platform and request data deletion by contacting support.
9. Contact Information
For questions, feedback, or concerns regarding these Terms, please contact the team:
Shutterspeed Pty Ltd
Email: info@shutterspeed.io