Terms of
Service

About these terms

These Terms of Service (Terms) are a contract between you and FOC Capture Pty Ltd (FOC Capture, we, us), a company registered in Victoria, Australia. They cover your use of the FOC Capture Android app, the web portal at app.foccapture.com.au, and related services (together, the Service).

Our Privacy Policy explains how we handle personal information and forms part of these Terms.

Eligibility

You must be at least 18 years old and capable of entering a binding contract. If you're using the Service on behalf of an organisation, you warrant that you have authority to bind that organisation, and references to “you” in these Terms include that organisation.

Your account

• You are responsible for keeping your sign-in credentials secure and for activity that happens under your account.
• Give us accurate sign-up information and keep it current.
• Tell us promptly at admin@foccapture.com.au if you suspect your account has been compromised.
• You can delete your account at any time — email admin@foccapture.com.au to start the process.

Plans, trials and billing

• New accounts receive a 30-day free trial of the paid Capture plan, after which the organisation moves to the Free plan unless a paid subscription is started.
• Paid subscriptions are billed in advance through Stripe at the price displayed when you subscribe. Prices are in Australian dollars (AUD) and exclude GST unless stated otherwise.
• Subscriptions auto-renew at the end of each billing period until cancelled. You can cancel any time from Organisation → Billing; cancellation takes effect at the end of the current paid period.
• Except where required by the Australian Consumer Law, paid fees are non-refundable. We won't pro-rate unused time when you cancel mid-period.
• We may change pricing on at least 30 days' notice to your account email. Changes apply from your next renewal.
• If a payment fails we will retry per Stripe's default schedule; sustained failure may result in the Service being suspended or downgraded to Free.

Acceptable use

You must not:

• Use the Service to break the law, infringe a third party's rights, or interfere with anyone else's use of the Service.
• Reverse-engineer, decompile or attempt to extract source code from the Service except to the extent permitted by law.
• Probe, scan, or test the vulnerability of the Service without our prior written consent.
• Use the Service to send unsolicited communications, store malware, or carry out abusive automated traffic.
• Resell or sublicense the Service to third parties without our written agreement.

Your content and data

• You own the project data, photos, drawings, reports, and other content you create or upload (Your Content).
• You grant FOC Capture a non-exclusive, worldwide, royalty-free licence to host, process, transmit, and display Your Content solely as required to operate the Service for you.
• You are responsible for Your Content, including ensuring you have the right to upload and share it (for example, photos that show third parties, or drawings under another party's copyright).
• Where Your Content sits in your Google Drive, we access it under the Google drive.file OAuth scope, which permits access only to files our app has created or that you have explicitly opened with our app. We do not read your other Drive content.
• Our handling of personal information is governed by our Privacy Policy.

Third-party services

The Service integrates with third-party platforms including Google (Drive, OAuth, Play Services), Microsoft (OneDrive, Azure AD sign-in), Stripe (payments), Supabase (hosting and database), Resend (transactional email), and Sentry (crash reporting). Your use of those platforms is governed by their own terms. FOC Capture is not responsible for the availability, accuracy, or content of third-party services.

Our intellectual property

FOC Capture and its licensors own the Service, including all software, designs, branding, and documentation. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes for the duration of your subscription, subject to these Terms.

Confidentiality

Each party will protect the other's non-public business and technical information disclosed in connection with the Service with at least the same care it uses for its own confidential information, and will not disclose it except to personnel and advisers who need to know and are under equivalent obligations. This clause doesn't apply to information that is or becomes public through no breach of these Terms, was already known, or is required to be disclosed by law.

Service availability and changes

• We aim for the Service to be available continuously but don't guarantee uninterrupted access. Maintenance, upstream outages (e.g. Supabase, Google), and bugs are reality.
• We may modify, add or remove features over time. We will give reasonable notice of material reductions in functionality of paid plans.

Warranties and consumer rights

Except as expressly stated and to the maximum extent permitted by law, the Service is provided “as is” and FOC Capture makes no warranties about its fitness for a particular purpose, accuracy, or non-infringement.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) where such exclusion would be void. Where our liability under a non-excludable consumer guarantee can be limited, our liability is limited (at our option) to re-supplying the Service or paying the cost of having it re-supplied.

Limitation of liability

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service in any 12-month period is limited to the fees you paid us for the Service in that 12-month period. Neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages. This clause doesn't apply to liability that cannot lawfully be limited.

Indemnity

You agree to indemnify FOC Capture against losses arising from (a) Your Content, (b) your breach of these Terms, and (c) your misuse of the Service in a way that damages a third party. We will give you prompt notice of any claim and let you control the defence (provided you act reasonably and don't admit liability without our consent).

Suspension and termination

• You may stop using the Service and request account deletion at any time by emailing admin@foccapture.com.au.
• We may suspend or terminate your account immediately for material breach (including unpaid invoices that remain unpaid after we notify you and give you reasonable opportunity to fix).
• On termination your right to use the Service ends, and we may delete data per our standard data-deletion process. Project files stored in your own Drive remain in your control. Export anything else you need before terminating.
• Clauses that by their nature should survive termination (IP, confidentiality, liability, indemnity, governing law) survive.

Changes to these terms

We may update these Terms from time to time. For material changes, we will give at least 30 days' notice by email to your account address or by in-app notice. Continuing to use the Service after the change takes effect means you accept the updated Terms.

Governing law

These Terms are governed by the laws of the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the federal courts of Australia sitting in Victoria.