RACPRO Terms of Service

Welcome, and thank you for your interest in RACPRO (“we,” or “us”) and our website at https://www.racpro.com.au, along with our related websites, applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and RACPRO regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY: BY CLICKING “SIGN IN” (OR SIMILAR LANGUAGE) OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING RACPRO’S PRIVACY POLICY (TOGETHER, THESE “TERMS”).

If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND OUR PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY RACPRO AND BY YOU TO BE BOUND BY THESE TERMS

IMPORTANT ARBITRATION NOTICE.

Except for certain kinds of disputes, you agree that disputes between us will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND RACPRO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, and that your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. See Section 15 (How We Manage Conflict Resolution).

1. ABOUT RACPRO

The Service provides tools for use in connection with the conferencing service provided by Zoom Video Communications, Inc. (“Zoom”), Microsoft Teams and other compatible third-party conferencing applications, which may include functionalities that enable the recording or transcribing of a user’s video conferencing calls, or the sharing of portions of such calls. See https://www.racpro.com.au for more details on how the Service works.

We have multiple tiers of subscriptions with various offerings. We offer a free edition, a paid subscription for individual users and a Team Version available to our enterprise customers with a Team Edition Account. See a comparison of these offerings here.

If you are using the free edition of the Service, RACPRO is not obligated to provide any indemnities or warranties in Sections 12 and 13 and such RACPRO indemnities or warranties terms do not apply to you. RACPRO may cancel and terminate these Terms and your rights to use the RACPRO’s Service at any time if you are using the free edition.

2. HERE’S WHAT YOU CAN AND CAN’T DO

Rights. Subject to your compliance with these Terms, we grant you, solely for your personal or internal business use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) (if applicable) install and use one object code copy of any application associated with the Service on a device that you own or control; and (b) access and use the Service.

Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; (c) any information you provide to us is accurate and up to date; and (d) your use of the Service complies with all applicable laws and regulations.

Required Account. You must be logged into and allow a connection from the Service to an active third-party video conferencing account and your Google Calendar to use the Service. You are responsible for all activities that occur in your account. Your use of any third-party service may be governed by the third party’s terms and conditions, and any issue arising from your use of the third-party service is solely between you and the third party. RACPRO is not an affiliate or partner of any such third party.

Team Edition Account. As an enterprise customer (“Customer”), you may authorize individual users on the Service who are affiliated with your organization to use the Service under your Team Edition Account (each, an “Authorized User”) and give them access to certain features that you subscribe to, such as the Team Version of the Service. To use the Service as your Authorized User, each Authorized User must (a) be invited to a Team Edition Account and agree to be added to the Team Edition Account; and (b) agree to these Terms. You are solely responsible for your Authorized Users. We reserve the right to suspend or terminate the access to and use of the Service by any Authorized User who breaches these Terms.

License Restrictions. You must comply with all applicable laws, including U.S. export control laws, when using the Service. Unless such a restriction is impermissible under applicable law or the activity is enabled by a functionality of the Service, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; (c) interfere with, disable, or circumvent any feature of the Service, including any security features or access control mechanism; or (d) reverse engineer or attempt to discover the source code of any portion of the Service. If you are prohibited under applicable law from using the Service, you may not use it.

Prohibited Conduct. To use the Service, you agree not to:

use the Service for any illegal purpose or in violation of any local, state, national, international law, or these Terms;
harass, threaten, demean, embarrass, bully, defraud, or otherwise harm any other user of the Service;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
circumvent or disable any security or technological features or measures in our Service;
use the Service if any participant on your call does not consent to be recorded;
store, copy, modify, distribute, or resell any of the information, audio, visual, and audiovisual works, or other content made available by us through the Service;
use the Service in a manner that threatens the integrity, performance, or availability of the Service;
remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service;
use any automated tool (e.g., robots, spiders) to access or use the Service;
use the Service for any purpose except for your own internal business purposes or individual purposes;
access or attempt to access any of RACPRO’s systems, programs or data that are not made available for public use or attempt to bypass any of our Service’s security devices;
reproduce, modify, translate, enhance, decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, object code, or underlying structures, ideas, know-how, algorithms, file formats or programming or interoperability interfaces relevant to the Service or any software, documentation or data related to the Service by any means whatsoever;
make the Service or content generated by Service available to anyone other than the members of your Team Edition Account or use it for benefit of any other customer;
rent, lease, sublicense, sell or otherwise transfer your rights under these Terms; or
attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.

3. DATA OWNERSHIP

Ownership. The Service is owned and operated by RACPRO. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by us are protected by intellectual property and other laws. All Materials included in the Service are the property of RACPRO or our third-party licensors, and we reserve all rights to the Materials. You may use the Materials only as expressly permitted by us under these Terms. Zoom and any other third-party conferencing applications used in our Service are trademarks of their respective owners and use of these trademarks does not imply any affiliation or endorsement.

Feedback. If you choose to provide us with input and suggestions regarding the Service (“Feedback”), then you agree that we may use the Feedback in any manner and for any purpose, including to improve the Service and create other products and services, without compensation to you. You acknowledge and agree that RACPRO shall own all right, title and interest in the Feedback and is the sole exclusive owner of Feedback and you assign all rights, title and interest you have in such Feedback to RACPRO together with all intellectual property rights therein.

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