Terms of Use.
The following are the terms and conditions of use for the mobile application Shooterlitics ™ (“The App”). The App is provided by TAC R&D LABS (“us”, “we”, or “our”), owner and operator of the website located at www.tacrdlabs.com.au (“the Site”).
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, DO NOT DOWNLOAD, INSTALL, OR OTHERWISE USE THE APP. THE APP IS NOT A WEAPONS CONTROL SYSTEM, FIRE CONTROL SYSTEM, OR SAFETY DEVICE.
1. Ownership and Copyright
The App is owned and operated by TAC R&D LABS. The App, including all intellectual property rights in and to the App and its content (including, but not limited to, all text, graphics, logos, icons, and images), is protected by copyright, trademark, and other intellectual property laws.
(a) For the avoidance of doubt, all title to and all IP rights in and relating to the Software and any Documentation relating to the Software remain the sole property of TAC R&D Labs or its licensors.
(b) TAC R&D Labs is free to use any suggestions or feedback provided by Customer, Permitted Clients or Users to improve or add new features to the Software or Documentation without any further payment or obligation.
(c) TAC R&D Labs may collect the raw data generated through Users’ use of the Software.
2 License
We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use (unless otherwise entered into a commercially binding enterprise agreement with TAC R&D LABS). Customer must not directly or indirectly:
(a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any Third Party, except to Permitted Clients as expressly permitted by this agreement;
(b) attempt to undermine the security or integrity of TAC R&D Labs’ software, computing systems or networks;
(c) use or misuse the Software in any way which may impair functionality of the Software or other systems used to deliver the Software or impair the ability of any other User to Use the Software;
(d) attempt to gain unauthorised access to any data, information or materials (other than those to which Customer has been given express permission to access);
(e) transmit via, or input into, the Software any files that may damage any computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which Customer does not have the right to use);
(f) attempt to modify, make derivative works of, copy, adapt, reproduce, disassemble, decrypt, decompile or reverse engineer any computer programs or algorithms forming part of or used to deliver the Software; and
(g) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of TAC R&D Labs.
3. Third-Party Services
The App may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
4. Termination
We may terminate your access to the App or its content at any time, for any reason, and without notice.
5. Disclaimer
THE APP AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE APP AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS.
6. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
7. Indemnity
The User agrees to defend, indemnify, and hold harmless TAC R&D Labs, its directors, officers, employees, contractors, and affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including legal fees) arising out of or related to:
a) the User’s use or misuse of the App;
b) the User’s participation in firearms training, shooting activities, or related activities;
c) any injury, death, loss, or damage to persons or property resulting from the User’s activities;
d) the User’s breach of these Terms; or
e) the User’s violation of any law, regulation, or firearms safety requirement.
The User acknowledges that TAC R&D Labs provides data analysis tools only and does not control or supervise any shooting or training activity.
8. Firearms Safety Responsibility
The App is a data recording and analytical tool only.
TAC R&D Labs:
· does not provide firearms instruction
· does not supervise shooting activities
· does not verify the safety of any training environment
Users are solely responsible for:
· compliance with all firearms laws
· safe handling and storage of firearms
· range safety procedures
· supervision of training activities
Use of the App does not replace proper firearms training or supervision.
9. Assumption of Risk
The User acknowledges that shooting and firearms training activities involve inherent risks, including serious injury or death. By using the App, the User voluntarily assumes all risks associated with such activities. TAC R&D Labs shall not be responsible for any injury, death, or damage arising from activities undertaken by the User.