Effective date: 27th day of November 2024

Note: The original legal version of this document is in English. Other language versions are provided for convenience and reference purposes only. In the case of any discrepancies, the English version will prevail.

These terms and conditions (the "Terms and Conditions") govern the use of wiseracer.com (the "Site"). This Site is owned and operated by Unify Web Solutions Pty Ltd. This Site is a web application.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Our services are available only to individuals who are at least 16 years old. By using our services, you represent and warrant that you meet this requirement. Users under the age of 16 require a parent or guardian to open an account on their behalf.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Open Source Licenses

This Site utilises various open-source components to enhance functionality and user experience. All such integrated components are available under their respective licenses. We have not modified any of these components, and they are used for purposes including but not limited to application development, data processing, and user interface design. Users are encouraged to familiarize themselves with these licenses.

Acceptable Use

As a user of our Site, you agree to use our Site legally, and not to engage in harassment, rights violation, hacking, fraudulent activities, or any other unacceptable behavior as further categorized in this agreement. As a user of our Site, you agree to use our Site legally, and not to:

• Harass or mistreat other users of our Site
• Violate the rights of other users of our Site
• Violate the intellectual property rights of the Site owners or any third party to the Site
• Hack into the account of another user of the Site
• Act in any way that could be considered fraudulent
• Post any material that may be deemed inappropriate or offensive
• Transmit computer viruses that could affect other users
• Submitting fake or misleading data
• Accessing others' personal information without consent
• Scraping or copying site content
• Overusing system resources
• Finding and exploiting security gaps
• Unauthorized sharing of login credentials
• Reselling service or data
• Using data for personal gain against platform guidelines
• Breaking local, state, or national laws

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

The Site is controlled and operated from facilities in Australia. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services.

User Contributions

Users may post the following information on our Site:

• Photos
• Public comments
• Knowledge
• Experience
• Features improvement suggestions
• New features suggestions

By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions. If you access our API, you agree to comply with the API documentation and guidelines provided, and you agree not to exceed rate limits or otherwise abuse the service.

Accessibility

While we strive to make our Site usable for all persons, we have not yet fully adapted it for accessibility. However, we welcome feedback on how to improve the Site's accessibility for users with disabilities. Accessibility issues will be noted and prioritised for future development. For inquiries or feedback regarding accessibility, please contact us using the details provided at the end of these Terms and Conditions.

Accounts

When you create an account on our Site, you agree to the following:

• You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account
• All personal information you provide through your account is up-to-date, accurate, and truthful; you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Upon your request to terminate your account, we will deactivate or delete your account and information as soon as reasonably possible, in accordance with applicable law. However, we may retain archived copies of your information as required by law or for legitimate business purposes.

Sale of Services

These Terms and Conditions govern the sale of services available on our Site. Refunds will only be provided under conditions explicitly stated. These Terms and Conditions govern the sale of services available on our Site. The following services are available on our Site:

• We leverage data analytics and AI to centralise and interpret performance data for athletes and coaches

The services will be paid for in full when the services are ordered. These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images, as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund. Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within five business days.

Service Level Agreements

We aim to maintain an uptime of over 90% throughout the year. Customer support inquiries will be responded to within 10 business days for regular inquiries and 3 business days for priority inquiries in AEST. Regular maintenance schedules occur monthly, and services may be unavailable for up to 1 hour during this period. In the event of unscheduled downtime, which refers to periods where the service is unavailable due to unforeseen circumstances such as technical issues or cyberattacks, users may be eligible for discounts on their monthly usage fees.

Third-Party Goods and Services

Our Site may offer goods and services from third parties, which are governed by their own terms and conditions. Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site. Unify Web Solutions Pty Ltd is not responsible for transactions or interactions with third-party goods and services.

User Goods and Services

Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.

Subscriptions

Your subscription automatically renews, and you will be automatically billed until we receive notification that you want to cancel the subscription. To cancel your subscription, please follow these steps: You can cancel your premium subscription at any time before the next billing date. If you have already been charged for the upcoming month, you will need to pay those charges. Your premium subscription will then be cancelled at the end of your current billing cycle.

Free Trial

We offer the following free trial of our services: A 6-month free trial begins when a user requests a trial of premium features and the request is approved. The free trial includes unlimited access to all current and future features available on our site. At the end of your free trial, the following will occur: The user will receive a reminder that the trial period ends soon and will be offered the option to subscribe to the premium tier. If the user decides not to continue with premium features, the user still can access all the content created under premium features but cannot create new premium content. To cancel your free trial, please follow these steps: Log in to your account and select "Cancel Free Trial" under the "Account Management" tab.

Payments

We accept the following payment methods on our Site:

• Credit Card
• PayPal

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Refunds

Refunds will only be considered if the service was acquired using stolen user credentials or payment details. Proof of the respective report to authorities, translated into English, must be provided along with the original documents for the refund to be considered.

Consumer Protection Law

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Your data may be stored and processed in multiple locations, including but not limited to Australia. By using our services, you consent to this transfer, storing or processing of data.

Links to Other Websites

Our Site contains links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

Limitation of Liability

Unify Web Solutions Pty Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses, including legal fees from your use of the Site. The maximum aggregate liability of Unify Web Solutions Pty Ltd and any of its employees, agents, affiliates, or third parties, for all damages, losses and causes of action shall be the total amount, if any, paid by users to Unify Web Solutions Pty Ltd for direct services and/or up to $100 for all other users. The user assumes all responsibility for any loss that happens due to their misuse of the Site. Users agree to indemnify and hold harmless Unify Web Solutions Pty Ltd from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site or breach of these Terms and Conditions.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Unify Web Solutions Pty Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses, including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of Queensland, Australia.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and Unify Web Solutions Pty Ltd are unable to resolve any dispute through informal discussion, then you and Unify Web Solutions Pty Ltd agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Unify Web Solutions Pty Ltd. The costs of any mediation will be shared equally between you and Unify Web Solutions Pty Ltd. All disputes will be governed by the laws of the State of Queensland, Australia, regardless of your location.

Notwithstanding any other provision in these Terms and Conditions, you and Unify Web Solutions Pty Ltd agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Additional Terms

Acceptance of Privacy Policy

By accepting these Terms and Conditions, the user explicitly agrees to comply with, and be bound by, the Privacy Policy of wiseracer.com. The Privacy Policy outlines the types of personal data collected, its usage, and the protection measures in place. Failure to agree with the Privacy Policy will result in the user's inability to access or use the services provided by wiseracer.com.

Account Termination for Policy Infringement

Any violation of these Terms and Conditions or the Privacy Policy may result in immediate and permanent termination of the user's account. wiseracer.com reserves the right to disable a user's account at its sole discretion, especially in cases where there is reasonable suspicion of non-compliance with these Terms and Conditions or the Privacy Policy.

Data Retention and Deletion

As outlined in the Privacy Policy, certain types of user data may be retained even after account deletion for analytical purposes. By agreeing to these Terms and Conditions, the user acknowledges and consents to this data retention policy. Upon your request to terminate your account, we will deactivate or delete your account and any data that can be used to identify you as an individual, such as your name, full address, phone number, and email, will be deleted. Other data collected will remain as part of the application.

Security Disclaimer

While wiseracer.com makes every effort to secure user data, no system can be entirely secure. By agreeing to these Terms and Conditions, the user acknowledges that they use wiseracer.com at their own risk and are responsible for taking reasonable measures to secure their account.

Intellectual Property

All content published and made available on our Site is the property of Unify Web Solutions Pty Ltd and the Site's creators. Violation of these intellectual property rights may result in legal action.

As detailed in the Privacy Policy, wiseracer.com respects the intellectual property rights of others. By agreeing to these Terms and Conditions, users affirm that they will not violate the intellectual property rights of wiseracer.com or any third party.

Intellectual Property and Acknowledgments

All content published and made available on wiseracer.com is the exclusive property of Unify Web Solutions Pty Ltd, unless otherwise acknowledged. This includes, but is not limited to, text, images, logos, documents, downloadable files, and any other original works created by Unify Web Solutions Pty Ltd. Unauthorized use or violation of these intellectual property rights may result in legal action.

The application is developed leveraging diverse knowledge and resources in accordance with industry norms. We make diligent efforts to recognize and credit the intellectual contributions of various authors, experts, and third parties that have informed our work. Should original authors or contributors perceive any infringement of their intellectual property, they are encouraged to notify us. We commit to addressing such concerns within a reasonable time frame to rectify the issue. By using wiseracer.com, you affirm that you will respect these intellectual property rights and acknowledge the contributions of others. You also agree not to violate the intellectual property rights of Unify Web Solutions Pty Ltd or any third parties involved.

Parental Consent for Minors

By accepting these Terms and Conditions, parents or guardians of minors (under the age of 16 in the EU, and under 14 in the U.S.) expressly consent to the collection, use, and processing of the minor's information as described in the Privacy Policy.

Automated Translation Disclaimer

The content of this web application may be translated into various languages for the convenience of our users. These translations are provided through automated assistive tools such as machine learning algorithms. While we endeavour to offer accurate and helpful translations, users should be aware that only the original English version of the content, including this Privacy Policy, is legally binding. If there are any discrepancies or inconsistencies between translated versions and the original English version, the latter shall prevail. Users acknowledge that the company aims to provide the most accurate translations possible within the constraints of available resources but makes no warranties about the accuracy of translated content.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

• Email: customerservice@unifywebsolutions.com
• Address: 31 Twine St, Spring Hill, Brisbane, Queensland, Australia, 4000

You can also contact us through the feedback form that is available on our Site.