Terms of Use

01Agreement to terms

This End User Licence Agreement ("EULA" or "Agreement") is a binding legal contract between you ("you", "your", "User") and [STATIC App, sole trader, ABN 38 193 415 829] ("STATIC", "we", "us", "our"), based in South Australia, Australia.

By creating an account, downloading, installing or using the STATIC mobile application and any related services (the "Service"), you agree to be bound by this EULA and our Privacy Policy. If you do not agree, do not use the Service.

02Eligibility

You must be at least 16 years of age to use STATIC. By using the Service, you represent and warrant that:

1. you are at least 16 years old;
2. you have full legal capacity to enter into a binding contract in your jurisdiction;
3. you are not barred from using the Service under the laws of Australia or any other applicable jurisdiction;
4. where the Service is used in connection with operating a vehicle, you hold a current and valid driver or rider licence appropriate to the vehicle.

If you are using STATIC on behalf of a business (e.g. as a Vendor), you represent that you are authorised to bind that business to this EULA.

03Licence

Subject to your compliance with this EULA, STATIC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the STATIC app on a device that you own or control, solely for your personal, non-commercial use (except Vendor users, who may use the Service to operate a Vendor store in accordance with this EULA).

This licence is the only right you have to use the Service. We retain all other rights.

04Acceptable use

You agree that you will not:

• Use the Service to break any law, including road traffic laws.
• Use the Service while operating a vehicle in a way that distracts you or endangers yourself or others. The Service is designed to be configured before a ride.
• Encourage, organise, glorify or coordinate dangerous, reckless or illegal driving or riding, including street racing that endangers others, unlicensed riding, riding under the influence, or evading police.
• Post, share or "leak" the location of any event where doing so is likely to result in harassment, harm, or criminal activity.
• Harass, threaten, defame, stalk, dox or impersonate any other person, including other Users.
• Post content that is unlawful, sexually explicit, hateful, violent, infringing, fraudulent or deceptive.
• Attempt to access another User's account, fabricate telemetry data, manipulate reputation, achievements or leaderboards, or exploit bugs for unfair advantage.
• Reverse engineer, decompile, disassemble, modify or create derivative works of the Service, except to the extent expressly permitted by applicable law.
• Use bots, scrapers, automated agents or any non-public API to access the Service.
• Use the Service to send spam, unsolicited commercial communications or chain messages.
• Resell, sublicence or commercially exploit the Service or any part of it, except as expressly permitted.

We reserve the right to suspend or terminate your account, with or without notice, if we reasonably believe you have breached this section.

05Telemetry, location and safety

5.1 You are responsible for how you ride

The Service includes features that track ride telemetry — including GPS speed, lean angle, wheelie angle, distance and route history — and may display this data on leaderboards, achievements or your public profile.

5.2 Telemetry data may be used as evidence

Ride session data (including GPS coordinates, speed and time) is stored in our database. We may disclose this data in response to lawful requests from law enforcement. Do not rely on STATIC to keep your speeds secret.

5.3 Geofenced check-ins

Check-ins use your device's location services. False check-ins, location spoofing or attempts to game the geofencing system are a breach of this EULA.

06User-generated content

6.1 Your content

You retain ownership of the content you upload to STATIC, including profile photos, vendor listings, banners, event descriptions, messages, votes and comments ("Your Content").

6.2 Licence you grant us

By submitting Your Content, you grant STATIC a worldwide, royalty-free, non-exclusive, sub-licensable, transferable licence to host, store, reproduce, modify (e.g. resize images), display and distribute Your Content solely for the purpose of operating, promoting and improving the Service. This licence ends when you delete Your Content or your account, except where Your Content has been shared with another User.

6.3 You warrant

You warrant that Your Content does not infringe any third party's rights (including IP, privacy, publicity), is not defamatory or unlawful, and that you have all rights necessary to grant the licence in Section 6.2.

6.4 Moderation

We do not pre-screen User content but reserve the right (not the obligation) to remove or restrict any content that we reasonably believe violates this EULA, applicable law or the rights of others.

6.5 Reporting

If you believe content on STATIC infringes your rights or violates this EULA, email [ottopenlx@outlook.com] with details. We will review and respond within a reasonable time.

07Events, rides and meets

STATIC allows Users to host and attend meets and rides. STATIC is a platform; it is not the organiser of any event.

• Organisers are solely responsible for the lawfulness, safety and conduct of their event.
• Attendees participate in events at their own risk.
• We make no representation or warranty as to the safety, legality or quality of any event listed.
• We do not vet or verify Users, vehicles, licences or insurance status.

You release STATIC from any claim arising out of your participation in, or organisation of, any event listed on the Service, to the maximum extent permitted by law.

08Midnight Market (Vendor marketplace)

8.1 Vendors

If you operate a Vendor store, you represent and warrant that you have all necessary rights, licences and registrations to sell the products or services you list; all listings are accurate and not misleading; you comply with all applicable consumer, tax and product-safety laws including the Australian Consumer Law; and you will fulfil orders and honour consumer rights including refunds and returns where required.

8.2 Transactions

Any transaction arising from a listing on Midnight Market is between the Vendor and the Buyer. STATIC is not a party to the transaction. We do not currently process payments on behalf of Vendors.

8.3 Disputes

Disputes between Vendors and Buyers are to be resolved directly between them. We may, at our discretion, assist with information requests or remove listings, but we are not obligated to mediate.

09Subscriptions and fees

Certain features (including Vendor accounts) may require a paid subscription. Where applicable, subscription terms, pricing and billing cycles will be presented to you before purchase and processed through the Apple App Store. All fees are in Australian dollars unless stated otherwise. Cancellation and refund terms are governed by Apple's policies.

10Intellectual property

The STATIC app, its name, logo, branding, code, designs, text, graphics, audio, achievements artwork, "Shuto Circuit", "Midnight Market" and all other content not contributed by Users are owned by us or our licensors and are protected by Australian and international copyright, trade mark and other intellectual property laws.

Except for the limited licence in Section 3, this EULA does not grant you any rights in our intellectual property.

11Third-party services

The Service uses third-party providers including Google Firebase. Your use of those underlying services may be subject to their own terms and policies. We are not responsible for the acts or omissions of third-party providers.

Links and references to external websites (e.g. Vendor websites, Instagram) are provided for convenience only. We do not endorse and are not responsible for external content or services.

12Termination

12.1 By you

You may stop using STATIC at any time. You may delete your account from within the app (Profile → Danger Zone).

12.2 By us

We may suspend or terminate your account or access to the Service, with or without notice, if: you breach this EULA or our Privacy Policy; we are required to do so by law; we cease to operate the Service or a particular feature; or we reasonably believe your continued use poses a risk of harm to other Users, third parties, or us.

12.3 Effect of termination

On termination, your licence under Section 3 ends. Sections 5.1, 6.2 (to the extent content has already been shared), 10, 13, 14, 15 and 18 survive termination.

13Australian Consumer Law

Where our liability under such a law cannot be excluded but can be limited, our liability is limited, at our option, to: (a) in the case of goods, the replacement of the goods or supply of equivalent goods, or payment of the cost of doing so; or (b) in the case of services, the resupply of the services or payment of the cost of resupplying them.

14Disclaimer of warranties

To the maximum extent permitted by law and subject to Section 13: the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, secure, accurate, or free from viruses. Lean angle and wheelie angle calculations depend on device mounting and sensor calibration and should not be relied upon for any safety-critical purpose.

15Limitation of liability

To the maximum extent permitted by law and subject to Section 13:

1. STATIC will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, use, or anticipated savings, arising out of or in connection with the Service or this EULA, whether in contract, tort (including negligence), statute or otherwise, even if we have been advised of the possibility of such damages.
2. Our total aggregate liability to you for all claims arising out of or in connection with the Service or this EULA is limited to the greater of: (i) AUD $100; or (ii) the amount you have paid us in the 12 months preceding the event giving rise to the claim.

16Indemnity

You agree to indemnify and hold STATIC harmless from any claim, demand, loss, liability, damage, cost or expense (including reasonable legal costs) arising out of or in connection with: your breach of this EULA; your violation of any law or third party's rights; Your Content; your conduct while riding, driving or attending any event; or any transaction between you and another User.

17Apple App Store additional terms

This Section 17 applies to use of the STATIC app obtained from the Apple App Store:

1. This EULA is between you and STATIC only, not with Apple Inc. ("Apple"). STATIC alone is responsible for the Service and its content.
2. The licence granted under Section 3 is limited to use of the app on Apple-branded devices you own or control, as permitted by the Apple Media Services Terms and Conditions.
3. Apple has no obligation to provide maintenance or support for the app. Direct support questions to [ottopenlx@outlook.com].
4. If the app fails to conform to any warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation.
5. STATIC, not Apple, is responsible for addressing any claims by you or any third party relating to the app, including product liability claims and claims under consumer protection legislation.
6. STATIC, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim relating to the app.
7. You represent and warrant that you are not located in a country subject to a US Government embargo, and you are not on any US Government list of prohibited or restricted parties.
8. Apple and Apple's subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance, will have the right to enforce this EULA against you as a third-party beneficiary.

18Governing law and jurisdiction

This EULA is governed by the laws of South Australia, Australia. You and STATIC submit to the non-exclusive jurisdiction of the courts of South Australia and the courts of appeal from them, for the resolution of any dispute arising out of or in connection with this EULA or the Service.

19Changes to this EULA

We may amend this EULA from time to time. When we do, we will update the "Last Updated" date and, for material changes, notify you in-app or by email. Your continued use of the Service after a change takes effect constitutes acceptance of the amended EULA. If you do not agree to a change, you must stop using the Service and delete your account.

20General

• Entire agreement. This EULA together with the Privacy Policy is the entire agreement between you and us with respect to the Service.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign your rights under this EULA. We may assign ours, including in connection with a sale or merger.
• Headings. Headings are for convenience only and do not affect interpretation.

21Contact

For questions about this EULA, support, abuse reports or legal notices:

STATIC Legal
Email: [ottopenlx@outlook.com]
Postal: [PO Box 69, Stockwell, South Australia 5355ss]