Terms of Use

Effective: May 1st, 2025

1. Overview

These Terms of Use (“Terms”) constitute a legally binding agreement between SiteStory (“We”, “Us” or “Our”) and you (“Customer”) and govern the Customer’s access to and use of the Services. The Customer acknowledges and agrees that:

(a) by using the Services, it accepts and agrees to these Terms and to any amendments which may be made, from time to time, in the manner provided for below;

(b) if it uses the Services on behalf of a company or organisation, it is binding that company or organisation to these Terms, and represents that it has the authority to do so;

(c) as stated in clause 22, We may amend these Terms from time to time and will post the amended Terms on Our website. It is the Customer’s sole responsibility to review and check for any updates to these Terms;

(d) if the Customer disagrees with any part of these Terms, it must immediately stop using the Services. The Customer’s continued use of the Services will be deemed acceptance of the Terms, including any amendments made to them on and from that time;

(e) We may make changes to the Services at any time. We will not be liable for any loss incurred by the Customer resulting from any changes made to the Services.

If there is inconsistency between the parts of the Agreement, the order of priority from highest to lowest is:

(a) the Order Form;

(b) these Terms; and

2. Definitions

In these Terms:

ADC has the meaning given in clause 18(c).

Agreement means the agreement between the parties comprising these Terms, the Order Form and any document specified in the Order Form.

Business Day means any day that is not a Saturday, Sunday or a public holiday in the place at which an act is to be performed.

Commencement Date means the commencement date set out in the Order Form.

Confidential Information means information of any kind and in any form:

(a) concerning or in any way connected to a party’s business, finances, projects, research, technologies, inventions, trade secrets, software under development, source code, intellectual property, present or future products or services, pricing, strategies, plans, processes, methods of operation, staff, related bodies corporate, customers, suppliers, investors or partners;

(b) that is marked, labelled or otherwise designated by a party as confidential; or

Content means any comments, emoji reactions, electronic recordings, video, audio, images, media, information or other content generated or in connection with the use of the Services.

Customer means the individual or company named in the Order Form.

Customer Data means all Content uploaded to the Services by the Customer or collected, stored, or processed by Us on behalf of the Customer or its End Users.

Dispute has the meaning given in clause 18(a).

End User has the meaning given in clause 6(b).

Fees means the:

(a) fees for Services as set out in the Order Form; and

(b) any Storage Plan Fees (if applicable).

Indemnified Person has the meaning given in clause 17.

Insolvency Event means, in respect of a party, that party:

(a) committing an act of insolvency or being unable to pay its debts as and when they fall due;

(b) entering into or resolving to enter into any form of external administration, scheme of arrangement, composition with or assignment for the benefit of creditors, or debt arrangement; or

IP Rights means any intellectual or industrial property rights (anywhere in the world, whether at a statutory level, at common law or otherwise and whether registered or unregistered), including any inventions, patents, patent applications, patent disclosures, utility models, copyright (including future copyright), trademarks logos, design marks, service marks, systems, trade names, business names, brand names, designs, source code, know how, trade secrets, processes, methods, inventions, product formulations, eligible layout rights, improvements in procedure domain names, internet addresses, semiconductor or circuit layout rights, and including all applications and rights to apply for registration of those intellectual property rights, and any and all registrations, renewals, revisions, extensions, reexaminations, translations, adaptations, derivations and combinations, copies and prototypes, tangible embodiments or manifestations of those items.

Notification of Dispute has the meaning given in 18(a)(i).

Order Form means the order form agreed between the Customer and SiteStory which sets out the details of the order of Services which is governed by these Terms.

Prohibited Content has the meaning given in clause 9(c)(ii).

Related Body Corporate has the meaning given to that term in clause 50 of the Corporations Act 2001 (Cth).

Renewal Period means the renewal period specified in the Order Form (and if none is specified, means the renewal period agreed between the Customer and SiteStory).

Services means the online services that enable users to record videos of sites for compliance purposes.

SiteStory, We, Us or Our means SiteStory Pty Ltd (ACN 683 954 734).

Software means any software licensed to users by SiteStory in connection with or relating to the provision of the Services.

Storage Plan has the meaning given in clause 21(a).

Storage Plan Fees has the meaning given in clause 21(b).

Subscription Term means the period set out in clause 4.

Supply Tax has the meaning given in clause 12(a).

Term means the term set out in the Order Form.

Third-Party Apps means any third-party applications, integrations, websites, products or services that are connected to, or inter-operate with, the Services.

Workspace means the workspace or workspaces which the Customer has access to through its SiteStory account for the purposes of using the Services.

3. Interpretation

In this Agreement, unless the context suggests otherwise:

(a) where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(b) headings are for navigational assistance only and do not affect the meaning of this Agreement;

(d) a reference to the singular includes the plural and vice versa;

(e) a reference to a gender includes all genders;

(f) a “person” includes any entity which can sue and be sued;

(g) a party includes any legal successor to or representative of that party;

(h) a reference to a law includes any amendment or replacement of that law;

(i) any matter in SiteStory’s discretion is in its absolute and unfettered discretion; and

(j) this Agreement must not be construed adversely to a party solely because that party was responsible for preparing it.

4. Subscription Term

This Agreement starts on the Commencement Date and continues for the applicable Term following which it will renew for the Renewal Period until such time it is terminated in accordance with this Agreement (Subscription Term).

5. Services

(a) During the Subscription Term, We will provide and make available to the Customer the Services as set out in the Order Form.

(b) The Customer’s access and use of the Services may be subject to usage limits and restrictions as set out in the Order Form, including (for example) any limits on the number of Content creations, users, bandwidth or features.

(c) We may add, remove or modify any features and functionality of the Services from time to time. We will provide 30 days’ notice of any material modifications to the features and functionality of the Services.

(d) We will use reasonable efforts to ensure that the Services are reasonably available but do not promise that the Customer’s access to and use of the Services will be uninterrupted or error free.

(e) The Customer acknowledges that the nature of the Services means that access to, use of and performance of the Services may be impaired or prevented by factors beyond Our control, including problems with the Customer’s computer system or internet connectivity or the Customer’s systems and network not meeting any published minimum technical requirements.

6. Access and security

(a) The Customer must:

(i) only access and use the Services using account details supplied and approved by Us;

(ii) keep account details and passwords secure and confidential;

(iii) regularly change its passwords and keep its computer systems secure in accordance with good computer security practice, if it becomes aware that account details or passwords have been compromised, notify Us without delay and change its passwords and take any other security action We reasonably direct; and

(iv) take all other actions We reasonably deem necessary to maintain or enhance the security of and the Customer’s use of the Services and access to the Services.

(b) The Customer is solely responsible and liable for all activity undertaken using its account details. The Customer must ensure that any person who uses its account to access and use the Services (End User) complies with the terms of this Agreement. Any act or omission by an End User is deemed to be the Customer’s act or omission.

(c) We are not responsible for loss which occurs as a result of any unauthorised use and the Customer may be held responsible for losses incurred by Us or any third party due to any authorised use of its account.

7. Use of the Services

In accessing and using the Services, the Customer must:

(a) comply with any technical and instructional documentation, policies (including acceptable use, copyright and privacy policies that have been provided to it) and reasonable directions issued by Us from time to time;

(b) comply with all applicable laws, regulations and codes; and

8. Restrictions on use

The Customer must not:

(a) grant or purport to grant to a third party any right to access or use the Services except as permitted by Us;

(b) do anything which is intended or which is reasonably likely to damage, impair, interrupt or interfere with the Services or the computer equipment used to provide the Services;

(d) alter, modify, decompile, disassemble or reverse engineer any part of the Software;

(e) access or use the Services in order to develop a competitive product or service or to benchmark the Services;

(f) use the Services to mislead, deceive, impersonate, stalk, harass, abuse, threaten or intimidate any person or to share, distribute, transmit or store material that is offensive, abusive, illegal or that infringes another person’s rights; or

(g) where We provide Services to it which involve restrictions on the level of use, Content creation, number of users or number of instances in which such Services may be used:

(i) exceed such restrictions; or

(ii) otherwise use the Services in contravention with any such restrictions,

(and We may on reasonable notice to the Customer undertake an audit of the Customer’s use of those Services and charge the Customer for any unauthorised use discovered in connection with such audit).

(h) We reserve the right to take any action we deem necessary to detect, identify, prevent or stop any conduct which, in Our opinion, constitutes a prohibited use under this clause 8, even if it does not specifically violate any of these Terms. This includes the right to immediately and without notice, delete or remove any Content, and the right to immediately and without notice terminate the Customer’s account and access to the Services.

9. Customer Content

(a) The Services may provide certain features or functionality to Content, these features and functions:

(i) are not permanent;

(ii) will only apply during the Subscription Term; and

(iii) will not be available if the Services are suspended or terminated in accordance with this Agreement.

(b) The Customer acknowledges and agrees that:

(i) We are not responsible for the accuracy or completeness of any Content;

(ii) Third-Party Apps are subject to their own terms and privacy policies which may differ from this Agreement, We are not responsible for the acts or omissions of Third-Party Apps and make no guarantee in respect of the Third-Party Apps use of the Customer Content;

(iii) We do not undertake any independent verification or assessment of Content;

(iv) Content will be maintained on the Platform during the Subscription Term; and

(v) at the end of the Subscription Term, the Customer Content will be stored or deleted in accordance with clause 20(e)(iv) or 21 (as applicable).

(i) all Content provided to, uploaded, posted, recorded or transmitted to Us complies with this Agreement;

(ii) it does not upload, post, record or transmit any Content to Us which:

(A) is threatening, abusive, harassing, defamatory, vulgar, obscene, discriminatory or hateful;

(B) infringes any patent, trademark, trade secret, copyright or any other intellectual property right;

(D) is harmful to minors;

(E) promotes or provides instructional information about illegal activities; or

(F) promotes physical harm or injury to any group or individual,

(Prohibited Content); and

(d) if the Customer uploads, posts, records or transmits Content which We determine is Prohibited Content, We may immediately suspend the Customer’s use of the Services and exercise our rights to terminate this Agreement under clause 20(c).

10. Privacy

(a) In order for the Customer to use the Services, it will be necessary for SiteStory to collect certain personal information from it, including, without limitation, full names, addresses, email addresses and contact telephone numbers. Where the Customer provides Us with personal information, We will take reasonable steps to keep the Customer’s personal information secure and not disclose it to a third party except as permitted by these Terms or Our Privacy Policy, or otherwise as required by law.

(b) However, by using the Services, the Customer agrees to Our Privacy Policy which allows Us to collect certain information about the Customer and its use of the Services, including, without limitation, its internet protocol address, visitation history and other details as outlined in Our Privacy Policy. Such information does not identify the Customer but is used for statistical purposes as outlined in Our Privacy Policy.

(c) The Customer agree that We may access, preserve and share personal information in response to a lawful request or where there is a legal requirement to do so. This may include legal requests from a jurisdiction outside of Western Australia and Australia where We believe in good faith the access, preservation and sharing of information is required by the laws of that jurisdiction.

(d) The Customer agrees We may access, preserve and/or share personal information in circumstances where We believe in good faith it is necessary to detect, prevent or deal with fraud, unauthorised transactions or other illegal activity.

(e) The Privacy Policy forms part of these Terms. By agreeing to these Terms, the Customer acknowledges it has read and understood Our Privacy Policy, which allows Us to collect personal information about the Customer and its use of Our Services, and statistical information such as its visitation history and internet protocol address, to the extent permissible by the laws of Western Australia and Australia. Please refer to Our Privacy Policy for full details.

11. Fees and payment

(a) The Fees for the Services are set out in the Order Form. The Customer must pay the Fees in accordance with the Order Form, without deduction or set-off and net of any applicable withholding tax.

(b) We may change the Fees applicable in any Renewal Period by giving the Customer 30 days’ written notice before the start of the relevant Renewal Period.

(i) charge interest on the overdue amount at a rate of 2% per annum;

(ii) restrict or suspend the Customer’s access to the Services;

(iii) downgrade the Services to a free plan, which will limit the Customer’s use of the Services; or

(iv) terminate this Agreement.

12. Supply Tax

(a) If a party makes a supply under or in connection with this Agreement in respect of which a goods or services tax, value-added tax or any similar tax (collectively, Supply Tax) is payable, the recipient must pay, in addition to the consideration provided under this agreement for that supply, an amount (additional amount) equal to the amount of that consideration multiplied by the rate of the Supply Tax prevailing at the time the supply is made. The recipient must pay the additional amount at the same time as payment of the relevant consideration is made.

(b) If a party must reimburse or indemnify another party for a loss, cost or expense, the amount to be reimbursed or indemnified is first reduced by any input tax credit the other party is entitled to for the loss, cost or expense, and then increased in accordance with clause 12(a).

13. Intellectual Property Rights

(a) All IP Rights in the Services and anything that We create, modify, supply or license to the Customer in the course of providing the Services are exclusively owned by Us or Our third-party licensors. Nothing in this Agreement transfers ownership of such IP Rights to the Customer and the Customer must not do anything which jeopardises or interferes with Our or Our third-party licensor’s ownership of such rights.

(b) All rights, including IP Rights, in and title to the Customer Data will be owned by the Customer. The Customer grants to SiteStory, its agents and contractors an irrevocable, non-exclusive, transferable, royalty-free, license to use, modify, reproduce, host, communicate and transmit the Customer Data for the commercialisation purposes and as reasonably necessary for SiteStory to provide the Services.

(c) We may, without any obligation to the Customer, use, modify or incorporate into Our products and services any ideas, feedback, comments or suggestions provided by the Customer.

14. Confidentiality

(a) Subject to clauses 14(b) and 14(c), in relation to the other party’s Confidential Information, a party must, and must ensure that its officers, employees, agents and contractors:

(i) keep it secret and confidential and not disclose or make it available;

(ii) not use, retain, copy, memorise or reproduce it other than for the purpose of using or providing the Services;

(iii) implement and maintain security measures to keep it safe from unauthorised access, use, copying or disclosure;

(iv) not use it to gain a commercial advantage over the other party, or allow another person to do so;

(v) immediately advise the other party of any likely, threatened or actual unauthorised use, access, copying or disclosure of it; and

(vi) destroy or return it to the other party in accordance with the other party’s directions.

(b) A party may make disclosures:

(i) to those of its employees, officers, agents and subcontractors as reasonably necessary for the purposes of this Agreement, but only on a strictly confidential basis; and

(ii) if required by law, provided it gives the other party prior notice of the requirement and only to the extent and to the person required by law.

(i) is in the public domain through no fault of its own;

(ii) was already known to it at the date of disclosure without obligation of confidentiality; or

(iii) was independently developed by it without the use of or reliance on the other party’s Confidential Information.

(d) Upon termination of Customer access to the Services, the Customer agrees to, immediately upon Our request, deliver to us or destroy all of Our Confidential Information the Customer has in its possession or control.

(e) Each party agrees that monetary damages will not be a sufficient remedy for a breach of this clause 14 and a party is entitled to obtain interim or permanent injunctive relief to restrain the unauthorised disclosure of its Confidential Information without giving any undertaking as to damages.

15. Disclaimer

(a) Where applicable law (such as, for example, the Australian Consumer Law), sets out certain rights and remedies that cannot be excluded, restricted or modified, and nothing in this Agreement limits those rights and remedies where it would be unlawful to do so.

(b) Subject to clause 15(a):

(i) the Services are provided on an ‘as is’ basis and We exclude all implied conditions, warranties, guarantees and representations of any kind;

(ii) if the applicable law implies a condition, warranty or guarantee that cannot be excluded, Our liability in respect of any of those is limited to the resupply of the Services or the payment of the cost of resupplying the Services;

(iii) We are not liable for any failure or delay to meet Our obligations under this Agreement due to a cause beyond Our reasonable control;

(iv) the Customer acknowledges that in subscribing for Services, it has made its own enquiries and has not relied on any promise or representation not expressly set out in this Agreement;

(v) The Customer acknowledges and agrees that We are not liable, and releases Us from liability for any loss arising as a result of its non-compliance with its legal and/or statutory obligations, loss of profits, opportunity, business, data and goodwill and any incidental, indirect or consequential loss or damage of any kind (however caused, including by negligence) arising from or in any way connected with the Services;

(vi) Our maximum aggregate liability to the Customer in respect of any other loss, damages or claims however arising from or in connection with this Agreement or the provision or failure to provide the Services is limited to amount equal to the annual fee paid by the Customer under this Agreement.

16. Limitation of Liability

(a) Notwithstanding any other provision in these Terms to the maximum extent permitted by law, SiteStory and its Related Bodies Corporate will not be liable to the Customer or any other person for any loss or damage of any kind or other economic losses in contract, tort (including negligence), under any statute or otherwise arising out of or in any way connected to the Customer’s use of the Services.

(b) We will use reasonable endeavours to ensure the Services are functional at all times. However, We make no warranties whatsoever the Services will be fully functional and free of errors, bugs or viruses. Accordingly, the Customer agrees We will not be held liable for any delay, disruption or interruption in its access to the Services. The Customer further agrees We will not be liable for any losses or liability which may be incurred as a result of, or in connection with, or in relation to any loss of functionality of the Services, or any errors, bugs or viruses, whether or not resulting in any destruction, interruption or damage to the Customer’s electronic device from which the Services are accessed.

(c) The Customer releases Us from all liability whatsoever for loss of profits, opportunity, business, data and goodwill and any incidental, indirect or consequential loss or damage of any kind (however caused, including by negligence) arising from or in any way connected with the Services.

(d) SiteStory and its Related Bodies Corporate may plead this clause 16 as a complete defence to any action, proceeding or suit, which may be taken or commenced by the Customer or on the Customer’s behalf arising out of the matters referred to in these Terms and until this clause 16 is set aside by a final order of a Court, the Customer must consent to an order staying such action, suit or proceeding.

17. Indemnity

The Customer agrees to indemnify, defend and hold harmless Us and Our directors, employees, agents, contractors and Related Bodies Corporate (each an Indemnified Person) from and against all loss, damage, costs, expenses, claims, actions and liability suffered or incurred or which may be suffered or incurred by an Indemnified Person as a result of, or in connection with, or in relation to:

(a) the Customer’s use of the Services;

(b) Content, including its use, storage, reproduction, communication or transmissions;

(d) a breach of privacy;

(e) a breach of this Agreement; liab

(f) unlawful or negligent act or omission; or

(g) any violation of any law, by-law, regulation or other statutory instrument.

18. Dispute Resolution

(a) If the Customer has any dispute with Us in relation to this Agreement or Our enforcement of these Terms (Dispute), it must:

(i) notify Us of the Dispute by all reasonable means, including by email to contact@sitestory.io (Notification of Dispute); and

(ii) co-operate with Us or Our authorised representative to resolve the Dispute.

(b) Within sixty (60) days of Us receiving a Notification of Dispute, each party agrees to use their best endeavours to attempt to resolve the Dispute by negotiation.

(c) If the Dispute is not satisfactorily resolved by negotiation between the parties after the sixty (60) day period referred to in 18(b) above (or, where the parties agree to a longer period, that longer period), the Dispute may be referred to mediation in accordance with the ADC Guidelines for Commercial Mediation of the Australian Disputes Centre (ADC) in force at the time to:

(i) a mediator the parties both agree upon, or if the parties cannot agree on a mediator, a mediator appointed by the ADC; and

(ii) each party must use their best efforts to make use of the mediation process to resolve the Dispute; and

(iii) mediation shall continue until:

(A) the resolution of the Dispute; or

(B) a determination by the mediator that the Dispute is unlikely to be resolved through mediation.

(d) Each party shall bear its own costs in relation to the resolution of the Dispute. The costs of the mediation in accordance with clause 18(b) above will be borne equally between both parties.

(e) During the Dispute, this Agreement will remain in full force and effect.

(f) Neither party may commence any arbitration or court proceedings without first complying with this clause 18. However, nothing in this clause 18 denies either of us the right to seek urgent interlocutory relief (including an injunction) from an appropriate court in relation to any Dispute arising under this Agreement.

19. Notices

(a) Any notice under this Terms must be in writing and sent to a party’s service address.

(b) A notice is deemed to have been received:

(i) if hand delivered, when delivered by hand;

(ii) if sent by post, three Business Days after being posted; and

(iii) if sent by email, the earlier of receipt by the sender of a read receipt or 9.00 am on the next Business Day, subject to the sender not receiving a delivery failure notification.

(i) the Customer’s address for service is the address set out in the Order Form; and

(ii) Our address for service is 31 Coronation Street, North Perth, WA 6006.

20. Termination

(a) We may terminate this Agreement for convenience by giving the Customer [30] days’ written notice.

(b) The Customer may terminate this Agreement for convenience by giving Us at least [30] days written notice prior to the commencement of the Renewal Period, provided that such termination will be effective at the end of the then current Subscription Term and any subsequent Renewal Period will be terminated.

(c) In addition to any other rights of termination set out in this Agreement, We may immediately terminate this Agreement by written notice to the Customer if:

(i) the Customer has been inactive for a period at least 90 days and has not used the Services during that period;

(ii) the Customer breaches a material provision of this Agreement which is not capable of remedy;

(iii) the Customer breaches a material provision of this Agreement and fails to remedy the breach within 7 days after receiving notice specifying the breach; or

(iv) the Customer suffers an Insolvency Event.

(d) If We terminate this Agreement under clause 20(a), We may, without liability, immediately terminate by written notice any other agreement with the Customer for the provision of Services.

(e) On termination of this Agreement:

(i) the Customer will not be entitled to a refund of any Fees;

(ii) the Customer’s rights to use and access the Services immediately cease;

(iii) any rights in respect of a breach that preceded termination survive; and

(iv) the Customer will have a period of [30] days from the date of termination to elect to transition to a Storage Plan, following which We will be entitled to delete any Content or Customer Data.

(f) Clauses 2, 3, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 will survive termination of this Agreement.

21. Customer Data Retention

(a) Upon termination of this Agreement for any reason whatsoever, the Customer may elect to transfer to a storage plan, pursuant to which SiteStory will continue, subject to this clause 21, to store and host the Customer Data and the Customer may, continue to access that Customer Data (Storage Plan).

(b) If the Customer elects to transfer to a Storage Plan, the Customer must pay to Us the relevant fees associated with the Storage Plan, such fee to be calculated based on the volume of Customer Data to be stored under the Storage Plan (Storage Plan Fees).

(d) While on an active Storage Plan, the Customer will have restricted access to their Workspace. The Customer will be unable to use the Services for the purposes of generating or uploading any new Content.

22. General

(a) We may amend the terms of this Agreement by giving the Customer 30 days’ written notice.

(b) The Customer may only assign its rights under this Agreement with the other party’s prior written consent.

(c) This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties.

(d) Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to this Agreement and any transactions contemplated by it.

(e) If a provision of this Agreement is invalid or unenforceable it shall be read down to the point of severance and does not affect the validity or enforceability of the remaining provisions.

(f) A party’s failure or delay to exercise a power or right under this Agreement does not prevent its exercise or operate as a waiver. A party’s consent to any breach of this Agreement does not operate as a consent to any subsequent breach.

(g) The parties are independent contractors and nothing in this Agreement creates a relationship of employment, trust, agency or partnership.

(h) This Agreement is governed by and will be construed under the laws of Western Australia, Australia.