Terms of Service

Last Updated: 01 December 2025

#1. Definitions

In these Terms of Service ("Terms"), unless the context otherwise requires:

"ACL" means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

"ACMA Data" means data sourced from the Australian Communications and Media Authority's Register of Radiocommunications Licences (RRL) and related public datasets.

"Account" means your registered user account on the Service.

"Business User" means a user who accesses the Service for business, commercial, or professional purposes.

"Consumer" means an individual who acquires the Service wholly or predominantly for personal, domestic, or household use or consumption.

"Content" means any information, data, text, software, or other materials uploaded, posted, or transmitted through the Service.

"Intellectual Property Rights" means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business names, domain names, trade secrets, know-how, and confidential information.

"Service" means the SpectAura web application, API, and related services provided at spectaura.com and associated domains.

"Subscription" means your paid access to premium features of the Service under a selected tier (Professional or Business).

"We", "us", "our" means SpectAura ABN 35 569 346 045.

"You", "your" means the person or entity accessing or using the Service.

#2. Acceptance of Terms

2.1. By creating an Account or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

2.2. If you are accessing the Service on behalf of a business or entity, you represent that you have authority to bind that entity to these Terms.

2.3. If you do not agree to these Terms, you must not use the Service.

2.4. These Terms constitute a legally binding agreement between you and SpectAura.

#3. Account Registration and Security

3.1. Account Creation

To access certain features of the Service, you must register for an Account by providing:

A valid email address
A secure password
Your full name and company details (for Business Users)

3.2. Account Accuracy

You must:

Provide accurate, current, and complete information during registration
Maintain and promptly update your Account information
Notify us immediately of any unauthorized use of your Account

3.3. Account Security

You are responsible for:

Maintaining the confidentiality of your Account credentials
All activities that occur under your Account
Any loss or damage resulting from your failure to maintain Account security

3.4. Account Restrictions

You must not:

Share your Account credentials with any third party
Allow any third party to access the Service using your Account
Create multiple Accounts to circumvent usage limits or subscription restrictions
Use automated systems or software to extract data from the Service beyond API rate limits

#4. Acceptable Use

4.1. Permitted Use

You may use the Service to:

Search and view ACMA radiocommunications licence data
Export data in accordance with your subscription tier limits
Access our API for integration with your business systems
Create and save custom filters and search parameters

4.2. Prohibited Conduct

You must not:

Use the Service for any unlawful purpose or in violation of any applicable laws
Scrape, harvest, or extract data beyond your subscription tier limits
Reverse engineer, decompile, or disassemble any portion of the Service
Circumvent any security features or access controls
Interfere with or disrupt the Service or servers or networks connected to the Service
Transmit any viruses, malware, or harmful code
Impersonate any person or entity or misrepresent your affiliation
Use the Service to compete with us or develop a competing product
Redistribute ACMA Data obtained through the Service in violation of ACMA's terms
Remove, obscure, or alter any proprietary rights notices on the Service

4.3. Enforcement

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these Terms, including:

Suspending or terminating your Account
Removing prohibited Content
Reporting violations to law enforcement authorities

#5. ACMA Data Usage Rights and Restrictions

5.1. Data Source

The ACMA Data available through the Service is sourced from publicly available datasets provided by the Australian Communications and Media Authority under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence.

5.2. Attribution Requirement

If you redistribute or publish ACMA Data obtained through the Service, you must:

Provide attribution to the Australian Communications and Media Authority (ACMA)
Include a link to the original data source where practicable
Indicate if you have modified the data

5.3. Data Accuracy

While we strive to provide accurate and up-to-date ACMA Data:

The data is provided "as is" from ACMA's public datasets
We do not guarantee the accuracy, completeness, or currency of ACMA Data
You are responsible for verifying any critical information with ACMA's official RRL database
We are not liable for decisions made based on ACMA Data accessed through the Service

5.4. Restrictions on Data Use

You must not:

Use ACMA Data for any unlawful purpose
Misrepresent the source or accuracy of ACMA Data
Use the data in a manner that violates ACMA's terms of use
Claim proprietary rights over ACMA Data

5.5. Privacy-Protected Data

Certain ACMA Data relating to individual (natural person) licensees is redacted in accordance with privacy laws. You must not:

Attempt to identify redacted individuals
Combine our data with other sources to circumvent privacy protections
Use any personal information obtained through the Service in violation of the Privacy Act 1988 (Cth)

#6. Subscription Plans and Billing

6.1. Subscription Tiers

We offer the following subscription tiers:

Free Tier: Limited access with usage restrictions
Professional Tier: Enhanced access with higher usage limits
Business Tier: Full access with maximum usage limits and priority support

Current features and limits for each tier are available at spectaura.com/pricing.

6.2. Billing

For paid Subscriptions:

Fees are charged in Australian Dollars (AUD)
Subscriptions may be billed monthly or annually at your election
Payment is due in advance at the start of each billing period
All fees are exclusive of GST unless otherwise stated

6.3. Payment Methods

We accept payment via credit card or other methods processed through our payment provider (Stripe). By providing payment information, you:

Represent that you are authorized to use the payment method
Authorize us to charge the applicable fees to your payment method
Authorize automatic recurring charges for subscription renewals

6.4. Price Changes

We may change subscription prices:

With at least 30 days' notice for existing Subscribers
New prices apply from your next renewal date
You may cancel your Subscription before the new price takes effect if you do not accept the increase

6.5. Refund Policy

For Business Users:

Fees are non-refundable except at our sole discretion
No refunds for partial billing periods
Downgrading your plan does not entitle you to a refund

For Consumers:

You may be entitled to a refund under the Australian Consumer Law if we fail to provide services of acceptable quality
Contact us at hello@spectaura.com.au to request a refund with reasons

6.6. Failed Payments

If payment fails:

We will attempt to notify you via email
Your access to premium features may be suspended after 7 days
Your Account may be downgraded to the Free Tier after 14 days
You remain liable for any outstanding fees

6.7. Taxes

You are responsible for all taxes associated with your use of the Service, except for taxes based on our net income. If we are required to collect or pay GST, those amounts will be charged to you.

#7. Usage Limits and Fair Use

7.1. Tier-Based Limits

Your use of the Service is subject to usage limits based on your subscription tier, including:

API request rate limits (per minute, hourly, daily)
Export row limits
Data export frequency limits
Number of saved projects and watchlist slots

7.2. Fair Use Policy

Even within your tier limits, you must not:

Use the Service in a manner that negatively impacts other users
Generate excessive API requests that may impair Service performance
Systematically download large portions of ACMA Data for archival purposes
Use the Service as a data backup or storage system

7.3. Enforcement

We reserve the right to:

Throttle or rate-limit excessive usage
Temporarily suspend access for violations of fair use
Require you to upgrade to a higher tier if your usage consistently exceeds limits

#8. Intellectual Property Rights

8.1. Our Intellectual Property

The Service and its original content, features, and functionality (excluding ACMA Data) are owned by SpectAura and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

This includes:

The SpectAura software, codebase, and algorithms
The user interface design and layout
Our logos, trademarks, and branding
Original analysis, visualizations, and derivative data products
Documentation and support materials

8.2. Limited Licence to Use the Service

We grant you a limited, non-exclusive, non-transferable, revocable licence to:

Access and use the Service for your business or personal purposes
Use the Service in accordance with these Terms and your subscription tier

This licence does not permit you to:

Sublicense, sell, or commercially exploit the Service
Modify, adapt, or create derivative works of the Service
Use the Service to build a similar or competitive product

8.3. Your Content

You retain ownership of any Content you upload to the Service (such as custom project data or uploaded KML files).

By uploading Content, you grant us a worldwide, non-exclusive, royalty-free licence to:

Store, display, and process your Content to provide the Service
Make backup copies for disaster recovery purposes

We will not:

Share your private Content with third parties except as required to provide the Service
Use your Content for purposes other than operating the Service
Claim ownership of your Content

8.4. Feedback

If you provide us with feedback, suggestions, or ideas about the Service:

We may use such feedback without any obligation to you
You grant us a perpetual, irrevocable licence to implement such feedback
No compensation will be due for feedback you voluntarily provide

#9. Third-Party Services

9.1. Integration Services

The Service may integrate with or contain links to third-party services, including:

Mapbox (mapping and visualization)
Stripe (payment processing)
Authentication providers (Google, GitHub, Apple)

9.2. Third-Party Terms

Your use of third-party services is governed by their respective terms of service and privacy policies. We are not responsible for:

The availability or performance of third-party services
The content, accuracy, or practices of third-party services
Any transactions between you and third-party providers

9.3. No Endorsement

Links to third-party services do not imply endorsement. We do not guarantee or warrant any third-party products or services.

#10. Service Availability and Modifications

10.1. Service Availability

We strive to maintain Service availability but do not guarantee:

Uninterrupted or error-free operation
That the Service will be available at all times
That all features will function perfectly in all circumstances

Planned maintenance will be scheduled during off-peak hours where possible, with advance notice.

10.2. Service Modifications

We reserve the right to:

Modify or discontinue features of the Service with or without notice
Update the Service for security, performance, or feature improvements
Change API endpoints or data formats with reasonable notice to API users

We will make reasonable efforts to:

Provide advance notice of breaking changes to API users
Maintain backward compatibility where feasible
Communicate significant feature changes via email or in-app notifications

10.3. Beta Features

We may offer beta or experimental features marked as such. Beta features:

Are provided "as is" without warranties
May be modified or removed at any time
Should not be relied upon for production or critical use

#11. Termination

11.1. Termination by You

You may terminate your Account at any time by:

Using the account deletion feature in your account settings, or
Contacting us at hello@spectaura.com.au

For Business Users:

Termination does not entitle you to a refund for the current billing period
Your Subscription will remain active until the end of the current billing period
You may continue to access premium features until the subscription expires

For Consumers:

You may be entitled to a pro-rata refund under the Australian Consumer Law if services are not provided as promised
Contact us to discuss refund eligibility

11.2. Termination by Us

We may suspend or terminate your Account:

Immediately if you violate these Terms
Immediately if required by law or regulatory authority
With 30 days' notice if we discontinue the Service
If your payment fails and remains outstanding for 14 days

For Consumers: You will receive a refund for any prepaid fees for services not yet provided if we terminate without cause.

11.3. Effect of Termination

Upon termination:

Your right to access the Service immediately ceases
We may delete your Account data after a reasonable retention period (typically 30 days)
You must cease all use of the Service and any exported data
Provisions of these Terms that by their nature should survive termination will survive (including Sections 8, 12, 13, 14, 15, 16, 17)

11.4. Data Retrieval

Before Account termination, you should:

Export any data you wish to retain
Download any reports or saved content
Update any integrations that rely on your API credentials

We are not obligated to provide access to your data after termination.

#12. Warranties and Disclaimers

12.1. For Business Users

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY, RELIABILITY, OR COMPLETENESS OF DATA
UNINTERRUPTED OR ERROR-FREE OPERATION

WE DO NOT WARRANT THAT:

The Service will meet your specific requirements
The Service will be available at all times
ACMA Data will be accurate, current, or complete
Any errors or defects will be corrected
The Service is free from viruses or harmful components

12.2. For Consumers

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy provided by the Australian Consumer Law that cannot lawfully be excluded.

Under the Australian Consumer Law, you are entitled to certain guarantees that cannot be excluded, including:

Services will be provided with due care and skill
Services will be fit for any specified purpose
Services will be delivered within a reasonable time

Our liability for failure to comply with a consumer guarantee that cannot be excluded is limited, at our option, to:

Supplying the services again, or
Payment of the cost of having the services supplied again

This limitation does not apply if it would not be fair or reasonable for us to rely on it.

12.3. No Professional Advice

The Service provides information tools but does not constitute:

Professional engineering advice
Legal or regulatory compliance advice
Recommendations for specific spectrum allocation decisions

You should consult with qualified professionals for matters requiring expert judgment.

#13. Limitation of Liability

13.1. For Business Users

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

a) Our total aggregate liability arising out of or relating to these Terms or the Service, whether in contract, tort (including negligence), or otherwise, is limited to the amount you paid us in the 12 months preceding the event giving rise to liability.

b) We are not liable for any:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, business opportunities, or goodwill
Cost of substitute services or technology
Damages arising from third-party services or integrations
Decisions made based on ACMA Data accessed through the Service

c) This limitation applies even if we have been advised of the possibility of such damages and regardless of whether any limited remedy fails of its essential purpose.

13.2. For Consumers

Nothing in these Terms excludes, restricts, or modifies any consumer right or remedy under the Australian Consumer Law that cannot lawfully be excluded.

Where the Australian Consumer Law applies and we are liable for a failure to comply with a consumer guarantee:

Our liability is limited to the extent permitted by the Australian Consumer Law
For non-major failures, our liability may be limited to resupplying the services or refunding the fees paid

We are not liable for any loss or damage that:

Was not reasonably foreseeable at the time you entered into these Terms
Results from your breach of these Terms
Results from circumstances beyond our reasonable control

13.3. Exceptions

The limitations in this Section 13 do not apply to liability that cannot be excluded under the Australian Consumer Law, including:

Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Any other liability that cannot be excluded by law

#14. Indemnification

14.1. Your Indemnity

For Business Users, you agree to indemnify, defend, and hold harmless SpectAura, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from:

Your breach of these Terms
Your violation of any law or regulation
Your violation of any third-party rights, including intellectual property rights or privacy rights
Your use or misuse of the Service
Content you upload to the Service
Your redistribution of ACMA Data in violation of applicable terms
Any negligent or willful misconduct by you or your employees or agents

14.2. Our Defense Rights

We reserve the right to:

Assume exclusive defense and control of any matter subject to indemnification by you
Require your cooperation in defending such claims

You may not settle any claim without our prior written consent.

14.3. Consumer Protection

This indemnification clause does not apply to Consumers to the extent it would be unfair under the Australian Consumer Law.

#15. Dispute Resolution

15.1. Informal Resolution

Before initiating formal dispute resolution, you agree to:

Contact us at hello@spectaura.com.au with details of the dispute
Engage in good faith negotiations to resolve the matter
Allow us 30 days to attempt to resolve the issue

15.2. Mediation

If informal resolution is unsuccessful, either party may refer the dispute to mediation:

By a mediator agreed upon by both parties, or
Through the Australian Disputes Centre or similar recognized mediation service
Each party will bear its own costs plus an equal share of the mediator's fees

15.3. Arbitration (Business Users Only)

For Business Users, if mediation does not resolve the dispute within 60 days:

Either party may initiate arbitration under the ACICA Arbitration Rules
Arbitration will be conducted by a single arbitrator appointed by agreement or by ACICA
Arbitration will be conducted in Brisbane, Australia
The arbitrator's decision will be final and binding
Each party will bear its own costs plus an equal share of arbitration fees

15.4. Litigation

For Consumers, if informal resolution and mediation are unsuccessful, either party may commence litigation in accordance with Section 16.

For Business Users, litigation may only be commenced:

If both parties agree to bypass mediation and arbitration, or
For urgent interlocutory relief (such as injunctions)

15.5. No Class Actions

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in class action lawsuits or class-wide arbitration (except where such waiver is prohibited by law).

#16. Governing Law and Jurisdiction

16.1. Governing Law

These Terms are governed by the laws of Queensland, Australia, without regard to conflict of law principles.

The following legislation applies:

Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010)
Privacy Act 1988 (Cth)
Copyright Act 1968 (Cth)
Other applicable Commonwealth and State laws

16.2. Jurisdiction

For Business Users: Subject to Section 15 (Dispute Resolution), you irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia, and courts of appeal from them.

For Consumers: Nothing in these Terms affects your right to bring proceedings in a court in the State or Territory where you reside, if that court has jurisdiction.

16.3. Service of Process

You consent to service of process by email to the email address associated with your Account, in addition to any other lawful means.

#17. General Provisions

17.1. Entire Agreement

These Terms, together with our Privacy Policy and any Subscription-specific terms, constitute the entire agreement between you and SpectAura regarding the Service and supersede all prior agreements and understandings.

17.2. Amendments

We may modify these Terms at any time:

Changes will be effective upon posting to the Service
Material changes will be notified via email or in-app notification at least 30 days in advance
Continued use of the Service after changes take effect constitutes acceptance
If you do not agree to changes, you may terminate your Account before the effective date

For Consumers: If changes significantly reduce your rights under the Australian Consumer Law, those changes will not apply without your explicit consent.

17.3. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later. Any waiver must be in writing and signed by an authorized representative.

17.4. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable:

That provision will be modified to the minimum extent necessary to make it valid and enforceable
If modification is not possible, the provision will be severed
All other provisions will remain in full force and effect

17.5. Assignment

By Us: We may assign or transfer our rights and obligations under these Terms without your consent in connection with a merger, acquisition, sale of assets, or by operation of law.

By You: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent is void.

17.6. No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

17.7. Force Majeure

We are not liable for any delay or failure to perform our obligations due to circumstances beyond our reasonable control, including:

Natural disasters, fires, floods, earthquakes
War, terrorism, civil unrest
Government actions, pandemics, epidemics
Internet or telecommunications failures
Third-party service provider outages (including ACMA, Mapbox, Stripe, cloud hosting providers)

During force majeure events:

Our obligations will be suspended for the duration of the event
We will make reasonable efforts to minimize disruption
If the event continues for more than 30 days, either party may terminate with written notice

17.8. Notices

Notices to You: We may provide notices and communications:

By email to the address associated with your Account
By posting to the Service or your Account dashboard
By in-app notifications

You agree that electronic communications satisfy any legal requirement that communications be in writing.

Notices to Us: You may provide notice by emailing hello@spectaura.com.au.

ABN 35 569 346 045 Queensland, Australia

17.9. Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and SpectAura. You have no authority to bind SpectAura or make commitments on our behalf.

17.10. Survival

The following provisions survive termination of these Terms:

Section 5 (ACMA Data Usage Rights and Restrictions)
Section 8 (Intellectual Property Rights)
Section 12 (Warranties and Disclaimers)
Section 13 (Limitation of Liability)
Section 14 (Indemnification)
Section 15 (Dispute Resolution)
Section 16 (Governing Law and Jurisdiction)
Section 17 (General Provisions)
Any other provision that by its nature should survive

17.11. Language

These Terms are prepared in English. If translated, the English version prevails in case of inconsistency.

17.12. Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

#18. Export Control

You agree to comply with all applicable export control laws and regulations, including but not limited to the Defence Trade Controls Act 2012 (Cth) and any sanctions imposed by the Australian government.

You represent that you are not:

Located in a country subject to Australian government embargo
Listed on any Australian government list of prohibited or restricted parties

#19. Contact Information

For questions about these Terms or the Service, contact us:

Email: hello@spectaura.com.au Website: spectaura.com.au

ABN: 35 569 346 045 Jurisdiction: Queensland, Australia

#20. Acknowledgment

By using the Service, you acknowledge that:

You have read and understood these Terms
You agree to be bound by these Terms
You have the authority to enter into these Terms
If you are a Consumer, you understand your rights under the Australian Consumer Law cannot be excluded by these Terms

Last Updated: 17 December 2024

Version: 1.0

#Important Consumer Rights Notice

If you are a Consumer (using the Service for personal, domestic, or household purposes):

The Australian Consumer Law gives you certain rights that cannot be excluded, including:

The right to receive services of acceptable quality
The right to receive services fit for purpose
The right to receive services within a reasonable time

If we fail to meet these guarantees, you may be entitled to:

A refund
Compensation for loss or damage
Have the services supplied again

To exercise these rights, contact us at hello@spectaura.com.au

For more information about your consumer rights, visit the Australian Competition and Consumer Commission (ACCC) website at www.accc.gov.au

END OF TERMS OF SERVICE