PicTrax terms of use - iOS (Apple)

PicTrax Pty Ltd ACN 625 351 564

1.  End User License Agreement

1.1 Warning

(a) Permission to use this App is conditional upon You agreeing to the terms set out below.

(b) This App, known as PicTrax – Share the Adventure and published by PicTrax Pty Ltd ACN 625 351 564, is offered to You on the condition that You read and accept all the terms of this licence and wish to become a licensee of the App. Acceptance will bind You to the terms of the licence, as well as the terms of any other documents referred to herein, including Our Privacy Policy. By installing and using this App, You will be deemed to have accepted the following terms. If You do not wish to accept the terms, You must immediately cancel the installation of the App.

(c) This End User Licence Agreement is a legally binding agreement between You and Us despite it being written in plain English. You should ensure that You read it, and any other document referred to within it, carefully before installing the App.

2. Definitions and Interpretation

2.1 Definitions

In this Agreement, unless the context requires otherwise:

• Account / Profile means the End User’s membership within the PicTrax platform, including the associated username and password provided by PicTrax to access the Service.
• Account Data means all information held about an End User and any Content they upload in using the Service.
• Advertising Material means any Content which, in PicTrax’s sole discretion, is uploaded for the purpose of promoting commercial endeavours. Advertisers may arrange sponsored Content by contacting PicTrax at https://pictrax.com/advertising/.
• Agreement means this End User Licence Agreement (EULA) and any annexures.
• App means the application known as PicTrax.
• Commencement Date means the date You install the App, which indicates Your acceptance of this EULA.
• Content means data, music, speech or other sounds, text, visual images (animated or otherwise), or any combination of these forms, as defined in Schedule 7 of the Broadcasting Services Act 1992 (Cth), including but not limited to data files, graphics, messages, photographs, sounds, videos, and written text.
• Credits means the amount of money in AUD$ that may be attributed, as determined by PicTrax, to the End User’s Profile for Like Actions or Rewards.
• Customer means an End User that purchases a Sub‑licence to another End User’s Content.
• Documentation means the user manual, guides, FAQs, tutorials, and other similar material available at https://pictrax.com/support/.
• Device means a smartphone or tablet capable of operating the App.
• End User means a person authorised to access and use the Service pursuant to this Agreement, whether in their own personal capacity or on behalf of an organisation.
• EULA means this End User Licence Agreement.
• Facilities means any feature in the App or Service which enables the End User to access, upload, or use Content.
• Fee means any amount payable for the right to access the Service or use the App.
• In‑App Purchases means any purchase made directly within the App, excluding user‑to‑user transactions.
• Intellectual Property means all industrial and intellectual property rights, including patents, copyrights, database rights, design rights, trade secrets, rights of confidence, and all similar protections worldwide, whether registered or unregistered.
• Like Action means the initial act of applying one like to any image accessible within the App. A Like Action adds a pre‑determined monetary credit to the Profile of the End User who uploaded the image. A Like Action cannot be removed once applied, and subsequent likes do not increase earnings or popularity.
• Liking an Image means the process of applying likes (tapping the heart icon) while viewing an image in detail view.
• Likes means the number of accumulated hearts (up to five per user per image) applied to an image. The number of likes may not directly correspond to Credits applied to the End User’s Profile.
• Likes Received means the total number of likes applied to all Pix Published by an End User.
• Payment Terms means the terms relating to payment of the Price as set out at https://pictrax.com/pricing/.
• Party means PicTrax and the End User.
• Permitted Use means the rights obtained under a Sub‑licence.
• Pix Published means all images, whether public or private, uploaded to an End User’s Profile.
• Price means the asking price for a Sub‑licence for individual items of Content as set out at https://pictrax.com/pricing/.
• Rewards means the reward for completing set tasks as determined by PicTrax.
• Service means the PicTrax computer systems and the Facilities contained within which enable the App.
• Sub‑licence means the right to use Content as set out at https://pictrax.com/pricing/ at the time the Price is paid.
• Sub‑licensee means a Customer who has purchased a right to use Content made available for licence by an End User.
• Sub‑licence Fee means the amount paid by PicTrax to the End User for the right to sell a Sub‑licence to a Customer, as set out at https://pictrax.com/pricing/.
• We / Us / Our means PicTrax Pty Ltd ACN 625 351 564.
• Website means https://pictrax.com/.
• You / Your / End User means the licensed user of the App.

2.2 Interpretation

In this Agreement:

(a) a reference to:
(i) one gender includes the others;
(ii) the singular includes the plural and vice versa;
(iii) a person includes a body corporate;
(iv) a document includes that document as novated, altered, supplemented, or replaced;
(v) a Party includes its executors, administrators, successors, and permitted assigns;
(vi) a statute or regulation includes:
• that provision as amended or re‑enacted; and
• any replacement provision;
(vii) an amount of money refers to United States dollars ($USD), unless otherwise specified;
(viii) time refers to Australian Eastern Standard Time; and
(ix) a Schedule refers to a Schedule contained in this Agreement.

(b) “including” and similar expressions are not words of limitation.

(c) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.

(d) Headings and the table of contents are for convenience only and do not affect interpretation.

(e) If an obligation must be performed on a non‑business day, it must be performed on the next business day.

(f) A provision must not be construed to the disadvantage of a Party merely because that Party was responsible for its preparation.

3. Terms of Licence

3.1 Grant of licence

(a) Subject to Your compliance at all times with the terms of this EULA, and payment of any applicable subscription fees, We grant You a revocable, non‑exclusive, non‑transferable licence to use the App on the terms set out in this EULA.

(b) Your acquisition of the licence to use the App, and any subscription or in‑app purchase fees, is subject to the terms and conditions of the Apple App Store through which You acquire the App. All billing, renewals, and cancellations must be managed directly via the App Store.

(c) The grant of rights is subject to fair use limits. PicTrax reserves the right to suspend an End User Account or terminate this Agreement where an End User’s use of the App, including use of storage or processor time, exceeds a level which PicTrax in its sole discretion deems excessive. In exercising its discretion, PicTrax may consider factors including but not limited to:
(i) impact the excessive use has on other End Users;
(ii) costs associated with the excessive use; and
(iii) level of use relative to other End Users.

3.2 No reproduction

You may not reproduce or adapt the App except to the extent expressly permitted by ss 47B(3), 47C, 47D, 47E and 47F of the Copyright Act 1968 (Cth).

3.3 Multiple Devices

You may install and use the App on multiple devices linked to Your Apple ID, if allowed by the App Store.

3.4 Accessibility requirements

In order to use the App the End User must allow their mobile device access to the:

(a) geo‑location services;

(b) image gallery; and

(c) camera.

3.5 Duration of licence

This licence is granted on a subscription basis and remains valid while Your subscription is active. It may be terminated by Us pursuant to clause 18 or by cancellation of Your subscription through the App Store.

3.6 Patches and updates

(a) We reserve the right to:
(i) alter or amend the App at any time in Our sole discretion; and
(ii) cease operation of all or any of the Facilities available through the App at any time without prior warning.

(b) We may deploy or provide patches, updates and modifications to the App that must be installed in order for You to continue to use it. We may update the App remotely and You hereby grant Us Your consent to deploy and apply such patches, updates and modifications as We determine are required.

(c) Where a patch or update is required, and You do not accept it, You acknowledge that You may not be able to use the App until You install the patch or update.

3.7 Ownership of the Service

You do not acquire any express or implied Intellectual Property rights in the Service or the App beyond the right to use it as provided herein.

3.8 Ownership of Content

You acknowledge:

(a) Content that PicTrax uploads or submits to the Website is owned by PicTrax, and You do not obtain any right, title or interest in such Content;

(b) in order to provide the Service and make the Content available to other users, We may transmit Your Content across various public networks, in various media, and modify or change the Content to comply with technical requirements of connecting networks or devices. You agree the licence herein permits PicTrax to take such actions.

4. Your general obligations

4.1 General obligations

You must:

(a) access the Service in accordance with the instructions provided by Us from time to time;

(b) not copy, reproduce, translate, adapt, vary or modify the App without Our express written consent, except as expressly authorised by this EULA or Pt III Div 4A of the Copyright Act 1968 (Cth);

(c) not do anything which would infringe Our copyright in the App;

(d) comply with all applicable laws, statutes, and regulations in the jurisdiction in which You access the Service, as well as those of Australia; and

(e) consent to Us sending You electronic communications including emails, SMS messages and push notifications from within the App as reasonably necessary to provide You with the Service, including subscription and billing notices.

4.2 In purchasing Content

You agree:

(a) to pay the Price for any Content licensed through the App, with all payments processed via the Apple App Store; and

(b) You will only use Content You have purchased or licensed for the Permitted Use, and such licences are non-transferable.

5. Prohibitions on Use

5.1 Prohibited acts

(a) You must not:

(i) infringe PicTrax or any third party’s Intellectual Property in the Service, Content, or App;
(ii) upload photos which, in PicTrax’s sole discretion, constitute Advertising Material;
(iii) use the Service in any way that could damage the reputation of PicTrax or the goodwill or other rights enjoyed by PicTrax;
(iv) permit any third party to access the Service using Your account credentials or subscription;
(v) reproduce, make error corrections to, or otherwise modify or adapt the Intellectual Property in the Service or Documentation, or create any derivative works based on the Service or Documentation;
(vi) de‑compile, disassemble, decrypt, or otherwise reverse engineer the Service, or permit any third party to do so;
(vii) transfer, sublicense, rent, lease, lend, license, or otherwise assign the Service, including any attempt to share or transfer subscriptions across accounts or applications;
(viii) impersonate any other person or organisation;
(ix) access (or attempt to access) Services by any means other than through the interface(s) provided by Us;
(x) access (or attempt to access) Services through any automated means, including scripts, web crawlers, scraping, harvesting, or indexing;
(xi) reproduce, duplicate, or copy any part of the Services, Content, or the App for any purpose without prior written consent;
(xii) copy, modify, adapt, create a derivative work of, reverse engineer, de‑compile, or otherwise attempt to extract the source code of the Services, Content, or the App or any part of the foregoing;
(xiii) attempt to circumvent any security measures designed to protect the App, Service, and its Content, or limit access to the App, Service, and its Content; or
(xiv) modify or remove any copyright or proprietary notices associated with the App or the Service.

(b) You agree not to upload a photograph which:
(i) is not pinned to a location (either via embedded geo‑tags or by manual pinning within the App);
(ii) includes inaccurate or misleading geo‑tags or manual pins;
(iii) would cause You or PicTrax to breach any law, regulation, rule, code or other legal obligation;
(iv) is taken on private property without the consent of the property owner or occupants;
(v) contravenes any photographic restrictions, including photographs of items which in effect reproduce that item;
(vi) breaches a third party’s copyright or other Intellectual Property rights;
(vii) is derogatory or defamatory in nature, designed to be inflammatory, sexually explicit, entices racial hatred, portrays or encourages violence, constitutes harassment or bullying, or is otherwise intended to humiliate or intimidate a person or class of persons;
(viii) contains geo‑tagged or other file metadata from locations or containing information which You do not want to be made public (including but not limited to photographs taken from Your residence, school, or place of work containing geo‑tags);
(ix) misrepresents or falsely entices users to a location; or
(x) that PicTrax otherwise considers, in its sole discretion, to bring PicTrax into disrepute or have a negative impact on its good name.

6. Content Licence

6.1 Grant of licence

Subject to clause 6.2, You grant PicTrax:

(a) a non‑exclusive, worldwide, royalty‑free licence to use, distribute, reproduce, modify, adapt, publish, translate, and display the Content solely for the purpose of operating, improving, and promoting the Service and the App; and
(b) the right to sub‑licence these rights to third parties in connection with the Permitted Use.

6.2 Private Content

(a) Any Content marked as Private will:
(i) only be visible to third parties You authorise PicTrax to display the Content to; and
(ii) not be available to be sub‑licensed to a Customer.

(b) You acknowledge:
(i) by uploading Content, You are allowing other third parties, including those without an Account, to view that Content unless it is marked Private;
(ii) You are solely responsible for ensuring Content You upload is correctly marked as Private; and
(iii) Content will, by default, be publicly visible unless marked otherwise.

6.3 Moderation of Content

You expressly authorise Us to remove, restrict, or delete any Content You have uploaded if We deem it unsuitable, unlawful, or inconsistent with this Agreement, App Store policies, or community standards.

7. PicTrax Obligations

7.1 Content

(a) PicTrax will not sell or sub‑licence Your Content to a third party unless You have expressly marked the Content as available for Licensing through the Service.
(b) If You mark Your Content as available for Licensing, PicTrax will make available to the Customer a non‑exclusive, non‑transferable, non‑sub‑licensable licence to download and use Your Content for the Permitted Use. Such licences will be perpetual unless otherwise specified at the time of licensing.
(c) Where Your Content is sub‑licensed, PicTrax will make payment to You in accordance with clause 7.2.

7.2 Sub‑licence payment

PicTrax will pay the End User a Sub‑licence Fee for Content sub‑licensed by PicTrax:

(a) in accordance with the Payment Terms published on the Website or App Store listing; and
(b) in the amount of the Sub‑licence Fee applicable at the time the Content is licensed.

7.3 Support

PicTrax provides support for the Service online via PicTrax Support. Support is limited to technical assistance and guidance on the use of the App and Service.

8. Copyright Take‑Down Procedure

8.1 Notification of infringement

(a) We take all reasonable steps to monitor Content submitted by End Users.

(b) We commit to remove or disable access to Content as soon as reasonably practical after being notified that such Content may:
(i) breach copyright or other intellectual property rights;
(ii) be defamatory; or
(iii) otherwise be claimed to be unlawful.

(c) To notify Us of a claimed infringement of copyright, please use the in‑app reporting function, email report@pictrax.com, or submit via https://pictrax.com/report.
A valid notification must include:
(i) identification of the Content in which copyright is claimed;
(ii) information about the complaining party (“Complainant”), including name, address, telephone number, and email address;
(iii) an electronic or physical signature of the copyright owner, or their authorised agent, of the allegedly infringing material;
(iv) a statement that the Complainant has a good‑faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, agent, or the law; and
(v) a statement that the information in the notification is accurate and, under penalty of perjury, that the Complainant is authorised to act on behalf of the copyright owner.

8.2 Counter‑notification

(a) If Your Content is removed or disabled as a result of a copyright notification, You may submit a counter‑notification to PicTrax.

(b) A valid counter‑notification must include:
(i) identification of the Content that has been removed or disabled and the location at which the Content appeared before it was removed or disabled;
(ii) a statement under penalty of perjury that You have a good‑faith belief the Content was removed or disabled as a result of mistake or misidentification;
(iii) Your name, address, telephone number, and email address;
(iv) Your consent to the jurisdiction of the courts of Queensland, Australia, and to accept service of process from the Complainant or their authorised agent; and
(v) Your electronic or physical signature.

8.3 Action following counter‑notification

(a) Upon receipt of a valid counter‑notification, PicTrax may forward it to the Complainant.
(b) Unless the Complainant notifies PicTrax within 14 days that they have filed an action seeking a court order to restrain You from engaging in infringing activity, PicTrax may reinstate the Content.
(c) PicTrax reserves the right to maintain removal of Content if it reasonably determines reinstatement would breach applicable law or App Store policies.

9. Data Integration

9.1 Third‑party software

(a) We may obtain information from, and send information to, third‑party software only where You have expressly authorised such integration through Your device or via the App.
(b) By using the App, You authorise Us to exchange information with the respective third party that You have enabled, solely for the purpose of providing or enhancing the Service.

9.2 Web integration

(a) If a web interface is made available to users of the App, You authorise Us to transmit data to the web application only to the extent necessary for Us to provide the services associated with the App.
(b) We will provide You with access to that web interface as required, and any data transmitted will be handled in accordance with Our Privacy Policy and applicable law.

10. Account and Password

10.1 Security of passwords

(a) The End User must keep all usernames and passwords to the Service strictly confidential and secure.
(b) The End User is responsible for:
(i) all activity that occurs via the Service and the App using their Account, whether authorised or not;
(ii) maintaining the security of their username and password; and
(iii) ensuring all Account Data is complete, correct, and kept up to date.

10.2 Use of Accounts/Profiles

(a) Each End User is responsible for ensuring that they are the sole person entitled to use the Service and the App under their Account, and that they are capable of complying with the terms contained in this Agreement.
(b) If an End User becomes aware of any unauthorised use of their Account, they must notify Us immediately by email at the address for notices set out in clause 19.
(c) You agree to provide true, accurate, and complete information relating to Your PicTrax Profile and Content, including but not limited to information relating to the date, location, and equipment used in connection with creation of the Content.
(d) By creating a PicTrax Profile, You consent to the PicTrax Privacy Policy, which is incorporated herein by reference and governs PicTrax’s collection, processing, storage, and transfer of Content and data submitted by You, including data relating to You, Your Profile, Your Content, or other personal information. You agree that Your Personal Data may be collected, processed, stored, and transferred to jurisdictions other than Your home jurisdiction, subject to applicable law.
(e) PicTrax reserves the right to refuse to establish an Account or Profile, or to close any existing Account or Profile, for reasons including but not limited to fraud, intellectual property infringement, violation of a third party’s rights (including privacy or publicity), artificially inflating Likes or Like Actions, submission of material that is obscene, violent, defamatory, or otherwise inconsistent with PicTrax’s guidelines, failure to comply with this Agreement, or for convenience.
(f) PicTrax will terminate Your Account/Profile no later than ninety (90) days following receipt of a written termination request from You. For clarity, prior to termination becoming effective, Your Content may remain available for licensing by PicTrax customers.
(g) You may remove Content from Your Account at any time.
(h) If Your Profile is terminated for any reason, You must obtain written authorisation from PicTrax prior to establishing another Profile. You may not have more than one active Profile or Account at any time without PicTrax’s prior written consent.
(i) You may not submit identical Content to more than one Account or Profile without PicTrax’s prior written consent.

11. In‑App Purchases and Subscription

11.1 Subscription Fee

(a) PicTrax is available via a subscription plan of $1 per month, which includes a one‑month free trial. By subscribing, You agree to pay the subscription fee in accordance with the terms and conditions of the Apple App Store.
(b) All subscription payments are processed exclusively via the Apple App Store. PicTrax does not store, process, or have access to Your payment details.
(c) The subscription will automatically renew each month unless cancelled prior to the renewal date. Renewal fees will be charged to Your Apple ID account.

11.2 Cancellation

(a) To cancel Your subscription, You must do so via the Apple App Store on Your iOS device. Cancellation through the App or PicTrax website will not stop future payments.
(b) If You cancel during the free trial period, You will retain access to App features until the end of the trial, after which access will cease.

11.3 Refunds

(a) All subscriptions are managed by Apple. Any refund requests must be made directly to the Apple App Store and will be handled in accordance with Apple’s refund policy. PicTrax does not issue refunds directly.

12. Privacy and Personal Information

12.1 Privacy Policy

12.2 Consent to information handling

12.4 Apple App Store role

12.5 Compliance

13. No Duty of Care

13.1 User responsibility

13.2 No duty of care

14. Warranty Disclaimer

14.1 Disclaimer of warranties

14.2 Availability

14.3 Consumer law protections

14.5 Content protection

15. Liability

15.1 User liability

(a) You are liable for any loss or damage directly or indirectly caused by Your breach of this Agreement.
(b) You are also liable for any misuse of the App or Service, including infringement of intellectual property rights, violation of privacy, or unlawful conduct.

15.2 Exclusion of liability

(a) Except as required by law, PicTrax excludes all liability for claims, expenses, loss, damage, or costs incurred by You arising out of or in connection with Your use of, or inability to use, the App or Service.
(b) This exclusion applies to economic loss, reputational damage, loss of access to Content, interruption of business, or any consequential or incidental damages.

15.3 Limitation of liability

(a) Subject to clause 15.4, PicTrax’s total liability to You for breach of contract, tort (including negligence), or any other cause is limited to:
(i) the total subscription fees paid by You in the one (1) month period immediately preceding the day upon which liability arose; or
(ii) if no subscription fees were paid, the resupply of the App or Service.

(b) This limitation applies regardless of the form of action, whether in contract, tort, equity, or otherwise.

15.4 Consumer law protections

(a) Nothing in this Agreement excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other condition implied or imposed by legislation which cannot lawfully be excluded or limited.
(b) Such legislation includes the Australian Consumer Law, which provides non‑excludable guarantees that protect consumers in certain circumstances.
(c) Where liability cannot be excluded under the Australian Consumer Law, PicTrax limits its liability, to the extent permitted by law, to:
(i) resupplying the App or Service; or
(ii) paying the cost of having the App or Service resupplied.

15. Liability

15.1 User liability

15.3 Limitation of liability

15.4 Consumer law protections