Terms of Service

Please read these terms carefully before using Rock Solid Waivers

Last updated: January 2025

Agreement to Terms

By accessing or using Rock Solid Waivers ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service. These terms apply to all users, including organizations, administrators, staff members, and waiver signers.

1. Definitions

  • "Service" refers to the Rock Solid Waivers platform, including our website, applications, and APIs.
  • "Organization" refers to a business or entity that creates an account to manage digital waivers.
  • "User" or "You" refers to any individual or entity accessing or using the Service.
  • "Waiver Signer" refers to individuals who sign digital waivers created by Organizations.
  • "Content" refers to all information, text, graphics, or materials uploaded, submitted, or created through the Service.
  • "We", "Us", or "Our" refers to GREGORY VENTURES PTY LTD (ACN 694 745 858, ABN 71 694 745 858), the owner and operator of Rock Solid Waivers.

2. Account Terms

Account Registration

  • You must be at least 18 years of age to create an account
  • You must provide accurate, complete, and current information during registration
  • You are responsible for maintaining the security of your account credentials
  • You must notify us immediately of any unauthorized access to your account
  • One organization account per business entity is permitted

Account Responsibilities

  • You are responsible for all activities that occur under your account
  • You must ensure all users within your organization comply with these terms
  • You are responsible for the content and legal validity of waivers you create
  • You must maintain appropriate permissions and roles for your team members

3. Subscription & Payment Terms

Trial Period

  • New accounts receive a 14-day free trial period
  • Trial accounts are limited to 20 waivers and basic features
  • No payment information is required during the trial period
  • Trial accounts automatically expire if not converted to a paid subscription

Billing & Payments

  • Subscriptions are billed monthly or annually in advance
  • Waiver usage is billed on a metered basis according to your plan
  • All payments are processed securely through Stripe
  • Prices are in Australian Dollars (AUD) unless otherwise stated
  • You authorize us to charge your payment method for all fees incurred

Refunds & Cancellation

  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of the current billing period
  • Refunds are provided at our discretion on a case-by-case basis
  • Metered usage charges are non-refundable
  • We reserve the right to modify pricing with 30 days notice

4. Acceptable Use Policy

Permitted Uses

  • Creating and managing legally compliant digital waivers for your business
  • Collecting electronic signatures from participants and customers
  • Storing and retrieving signed waiver documents
  • Integrating with the Service via our documented APIs
  • Using analytics and reporting features for business purposes

Prohibited Activities

  • Creating fraudulent, misleading, or deceptive waiver content
  • Collecting signatures without proper consent or disclosure
  • Using the Service for illegal activities or to circumvent laws
  • Attempting to gain unauthorized access to our systems or other accounts
  • Transmitting malware, viruses, or other harmful code
  • Scraping, data mining, or automated extraction of data
  • Reselling or redistributing the Service without authorization
  • Interfering with the proper operation of the Service
  • Violating any applicable laws, regulations, or third-party rights

Warning: Violation of this acceptable use policy may result in immediate suspension or termination of your account without refund.

5. Intellectual Property

Our Intellectual Property

  • The Service, including all software, designs, and documentation, is owned by us
  • Our trademarks, logos, and brand elements may not be used without permission
  • We grant you a limited, non-exclusive license to use the Service for its intended purpose
  • This license is revocable and does not transfer any ownership rights

Your Content

  • You retain ownership of all content you create or upload to the Service
  • You grant us a license to host, store, and display your content as needed to provide the Service
  • You represent that you have the rights to all content you submit
  • You are responsible for ensuring your content does not infringe third-party rights

6. Waiver & Legal Disclaimer

Important Legal Notice

Rock Solid Waivers provides digital waiver management tools. We are not a law firm and do not provide legal advice. The enforceability of any waiver depends on various factors including jurisdiction, content, and circumstances of signing.

Your Responsibilities

  • You are solely responsible for the content and legal adequacy of your waivers
  • We strongly recommend consulting with a qualified legal professional
  • You must ensure your waivers comply with all applicable laws and regulations
  • We do not guarantee that any waiver will be legally enforceable
  • You assume all risk related to the use and enforceability of your waivers

Platform Compliance

  • Our platform is designed to comply with the Electronic Transactions Act 1999 (Cth)
  • We provide compliance features such as audit trails, timestamps, and identity verification
  • These features support but do not guarantee legal enforceability

7. Service Availability

Uptime & Availability

  • We strive to maintain high availability but do not guarantee 100% uptime
  • Scheduled maintenance will be communicated in advance when possible
  • We are not liable for any downtime or service interruptions
  • Emergency maintenance may occur without prior notice

Service Modifications

  • We may modify, update, or discontinue features at any time
  • Significant changes will be communicated with reasonable notice
  • We will make reasonable efforts to preserve your data during transitions
  • Continued use after changes constitutes acceptance of modifications

8. Data & Privacy

Your privacy is important to us. Please review our Privacy Policy for detailed information about how we collect, use, and protect your data.

Key Points

  • All data is stored securely in Australian data centers
  • Personal information is encrypted at rest and in transit
  • We comply with Australian Privacy Principles (APPs)
  • You retain ownership of your organization's data
  • Data export is available upon request

9. Limitation of Liability

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Liability Limitations

  • We are not liable for any indirect, incidental, special, or consequential damages
  • Our total liability is limited to the amount you paid us in the 12 months preceding the claim
  • We are not liable for the enforceability of waivers created using the Service
  • We are not liable for any third-party claims arising from your use of the Service

Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the Service, your violation of these terms, or your violation of any third-party rights.

10. Governing Law & Disputes

Governing Law

  • These terms are governed by the laws of Queensland, Australia
  • You submit to the exclusive jurisdiction of courts in Queensland
  • The United Nations Convention on Contracts for International Sale of Goods does not apply

Dispute Resolution

  • We encourage you to contact us first to resolve any disputes informally
  • Disputes should be submitted in writing to our support team
  • We will attempt to resolve disputes within 30 days
  • If informal resolution fails, disputes may be resolved through mediation or litigation

11. Termination

Termination by You

  • You may terminate your account at any time through account settings
  • You remain responsible for any charges incurred before termination
  • You may request a data export before closing your account

Termination by Us

  • We may suspend or terminate accounts that violate these terms
  • We may terminate accounts for non-payment after reasonable notice
  • We may terminate the Service entirely with 90 days notice
  • Immediate termination may occur for serious violations

Effect of Termination

  • Access to your account and data will be disabled upon termination
  • We may retain data as required by law or for legitimate business purposes
  • Signed waivers may be retained for the legally required retention period
  • Provisions that should survive termination will remain in effect

12. Changes to Terms

  • We reserve the right to modify these terms at any time
  • Material changes will be communicated via email or through the Service
  • Changes take effect 30 days after notification unless otherwise specified
  • Continued use of the Service after changes constitutes acceptance
  • If you disagree with changes, you may terminate your account

13. Contact Information

If you have any questions about these Terms of Service, please contact us:

Operator: GREGORY VENTURES PTY LTD

ACN: 694 745 858

ABN: 71 694 745 858

Email: [email protected]

Legal Inquiries: [email protected]

Location: Brisbane, QLD, Australia

Australian Law Compliant

These Terms of Service are designed to comply with Australian Consumer Law and the Electronic Transactions Act 1999 (Cth).