These Terms & Conditions ("Terms") govern your access to and use of the CivilSnap platform, websites, mobile and web applications, and related services (together, the "Platform"). The Platform is operated by [CivilSnap / Groundlinx Pty Ltd, ABN to be inserted] ("CivilSnap", "we", "us", "our").
By creating an account, ticking "I agree", or otherwise accessing or using the Platform, you agree to these Terms on behalf of yourself and the organisation you represent ("you", "your"). If you do not agree, do not use the Platform.
You must be at least 18 years old and authorised to bind your organisation to these Terms. You are responsible for your account, for keeping your login credentials secure, and for all activity that occurs under your account and those of your invited members. Notify us promptly of any unauthorised use.
The Platform lets civil, drilling and utility crews capture site photos, videos, permits, bore logs, claims and related records ("Artefacts"), and lets managers review, map, export and share them. Each customer organisation is provided a workspace. Subject to these Terms, we grant you a non-exclusive, non-transferable right to access and use the Platform for your internal business purposes during your subscription.
"Content" means any photo, video, image, file, note, location, measurement, form entry or other material you or your members upload, capture or submit to the Platform. You are solely responsible for your Content and for ensuring you have all rights necessary to submit it and to grant the rights in these Terms.
Read this section carefully. It changes who owns the photos and media you upload.
To the maximum extent permitted by law, when you upload or submit any photo, video or image (and its embedded and associated data) to the Platform, you assign to CivilSnap all right, title and interest, including all intellectual property rights, in and to that photo, video or image, effective on upload. CivilSnap becomes the owner of that media and may use, store, reproduce, adapt, index, display, publish, distribute, license and sub-license it for any purpose, including operating and promoting the Platform and the public services described in sections 5 and 6, without further consent, attribution or payment to you.
You retain ownership of your other business records (such as job numbers, form field values and text notes), and grant CivilSnap a worldwide, royalty-free licence to host, process, display and use them to provide and improve the Platform and the services in sections 5 and 6.
To the extent any assignment above is not fully effective, you grant CivilSnap a perpetual, irrevocable, worldwide, royalty-free, transferable and sub-licensable licence to do all of the acts described in this section. You waive, to the extent permitted by law, any moral rights in the media in favour of CivilSnap and its licensees.
Nothing in this section requires CivilSnap to publish or retain any particular Content, and CivilSnap may remove or decline to display Content at its discretion.
Photos and media you capture may include or be associated with metadata such as GPS coordinates, date and time, device information, address, job and project identifiers, and member details. You acknowledge and agree that CivilSnap collects, stores and processes this metadata, and may generate and store derived location files (including KML/KMZ), so that media can be organised, mapped, searched and displayed.
You acknowledge and agree that CivilSnap may publish photos, media and their associated location metadata on public, searchable maps and websites operated by or on behalf of CivilSnap, where members of the public may search a map (similar to a mapping service) and view the media by location. This may include displaying the image, its coordinates, capture date/time and general descriptive information. Because location and imagery may be made public, you must not upload media you do not want published, or that you are not entitled to have published (see section 7).
You represent and warrant that, for all Content you submit:
You must not misuse the Platform, including by attempting to access another organisation's workspace, uploading malware, scraping or bulk-extracting data beyond the provided export tools, reverse engineering the Platform, or using it to break any law. You must not upload content that is unlawful or that you are not entitled to publish.
We handle personal information in accordance with the Australian Privacy Principles and our Privacy Policy at [privacy policy URL]. Because the Platform can publish imagery and location data publicly, you are responsible for ensuring your capture and upload of personal information (including images of identifiable people) complies with your own privacy obligations.
Access is provided on the subscription and per-job pricing notified to you. Fees are payable in advance and are non-refundable except as required by law. We may change pricing on reasonable notice, effective from your next billing period.
We aim to keep the Platform available but do not guarantee uninterrupted or error-free operation, and may modify, suspend or discontinue features. We may perform maintenance and updates from time to time.
You may stop using the Platform at any time. We may suspend or terminate your access if you breach these Terms or fail to pay fees. The assignments and licences granted in sections 4–6 for media already uploaded survive termination and continue in full force. On termination we may make your business records available for export for a reasonable period, after which they may be deleted.
The Platform is provided "as is" and "as available". To the extent permitted by law, we exclude all warranties not expressly stated. Nothing in these Terms excludes rights you have under the Australian Consumer Law that cannot lawfully be excluded; where our liability for a failure to meet a consumer guarantee can be limited, it is limited to re-supplying the service or paying the cost of re-supply.
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or loss of profit, revenue, data or goodwill. Our total aggregate liability arising out of or in connection with the Platform is limited to the fees you paid to us in the 12 months before the event giving rise to the claim.
You indemnify CivilSnap against claims, losses and costs (including reasonable legal costs) arising from your Content, your breach of section 7, or your breach of these Terms, including any claim that Content or its publication infringed a third party's rights.
These Terms are governed by the laws of [New South Wales], Australia, and each party submits to the non-exclusive jurisdiction of the courts of that place.
We may update these Terms from time to time. If we make material changes we will take reasonable steps to notify you. Continued use after changes take effect means you accept the updated Terms.
Questions about these Terms: rowan@groundlinx.au.
By creating an account you confirm you have read, understood and agree to these Terms & Conditions, including the assignment of ownership of photos and media in section 4 and the public map publication described in section 6.