Terms of Service

Effective Date: 10 January 2025

Version 2.0

1. Acceptance of Terms

By downloading, installing, accessing, or using the DigiDiary application ("App"), you ("User", "you", "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately cease using the App and delete it from your device.

These Terms constitute a legally binding agreement between you and Fulcrum Solutions Pty Ltd (ABN 12 693 958 539, ACN 693 958 539) ("Company", "we", "us", "our") governing your use of the App.

2. Description of Service

DigiDiary is a voice-to-text diary application designed for railway protection officers and rail industry workers. The App provides:

• Voice recording and transcription services
• Diary entry management and organisation
• PDF generation using industry-standard forms
• Cloud synchronisation and backup
• Photo attachment capabilities
• GPS location tagging

3. Third-Party Form Templates

3.1 Form Acknowledgement

The App utilises the following third-party form templates for PDF generation:

3.2 User Responsibility for Form Validity

You acknowledge and agree that:

• You must verify that forms are current and valid for your specific rail network
• Forms must be approved by your employer and the relevant rail infrastructure manager
• Forms must comply with all applicable workplace safety regulations
• The Company makes NO WARRANTY that form templates are current, approved, or suitable for any particular purpose
• You must independently verify all form requirements with your employer and the relevant rail authority BEFORE relying on any form generated by this App

3.3 Lookout Working (LOW) Calculations

The App may provide functionality to assist with Minimum Sighting Distance (MSD) and Lookout Working calculations. You acknowledge and agree that:

• All safety calculations are provided FOR REFERENCE ONLY and must be independently verified
• It is YOUR SOLE RESPONSIBILITY to verify all calculations against current network procedures
• You must conduct physical sighting distance measurements on-site
• Never rely solely on App-generated calculations for safety-critical decisions
• The Company expressly disclaims any liability for injuries, deaths, or property damage resulting from reliance on any calculations provided by the App

4. Limitation of Liability

4.1 Exclusion of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW:

• The App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, statutory, or otherwise
• We expressly disclaim all implied warranties including, without limitation, merchantability, fitness for a particular purpose, non-infringement, and accuracy or completeness of content

4.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY THE AUSTRALIAN CONSUMER LAW:

• In no event shall the Company, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App
• Our total aggregate liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or AUD $100, whichever is greater

4.3 Data Loss Disclaimer

You acknowledge and agree that:

• We do not guarantee the preservation, backup, or recovery of your data
• Data may be lost due to technical failures, corrupted during synchronisation, deleted due to account termination, or unavailable due to service interruptions
• You are solely responsible for maintaining your own independent backups of all critical data
• We expressly disclaim any liability for lost diary entries, corrupted transcriptions, missing photos or audio files, incorrect timestamps or GPS data, or any other data loss or corruption

5. Data Retention and Deletion

5.1 Retention Period

• User data is stored on our servers for a period of ninety (90) days from the date of last synchronisation
• Data may be permanently deleted after this retention period without further notice
• This retention period is subject to change at our sole discretion

5.2 User-Initiated Deletion

• You may request deletion of your data at any time through the App settings
• Upon account deletion, we will make reasonable efforts to delete your data within thirty (30) days

6. Acceptable Use

6.1 Prohibited Conduct

You agree NOT to:

• Use the App for any unlawful purpose or in violation of any applicable laws
• Attempt to reverse engineer, decompile, or disassemble the App
• Circumvent, disable, or interfere with security features of the App
• Use the App to transmit harmful, offensive, or inappropriate content
• Share your account credentials with any third party
• Use the App in a manner that could damage, disable, or impair our services

6.2 Professional Use

• The App is designed for professional railway workers
• You warrant that you have appropriate authority to record diary entries for your role
• You are solely responsible for compliance with your employer's policies regarding electronic diaries

7. Intellectual Property

7.1 Company IP

• The App, including all software, designs, text, graphics, and other content (excluding third-party form templates) is the intellectual property of the Company
• You are granted a limited, non-exclusive, non-transferable licence to use the App for personal professional purposes

7.2 User Content

• You retain ownership of content you create using the App (diary entries, photos, etc.)
• You grant us a worldwide, royalty-free licence to store, process, and transmit your content for the purpose of providing the service

8. Subscription and Payments

8.1 Free and Premium Tiers

• The App offers both free and premium subscription tiers
• Premium features are subject to payment of applicable subscription fees
• Subscription fees are non-refundable except as required by Australian Consumer Law

8.2 Automatic Renewal

• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• You can manage and cancel subscriptions through your Apple App Store account settings

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Your reliance on any form templates or calculations provided by the App
• Any claim by your employer or a rail authority relating to your use of the App

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.

10.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia for any dispute arising from these Terms.

10.3 Dispute Resolution

• Before commencing legal proceedings, you agree to attempt to resolve any dispute through good faith negotiation
• If negotiation is unsuccessful, the dispute shall be referred to mediation in Sydney, Australia

11. Modifications to Terms

• We reserve the right to modify these Terms at any time
• Material changes will be notified through the App
• Continued use of the App after notification constitutes acceptance of the modified Terms
• If you do not agree to modified Terms, you must cease using the App

12. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the App and supersede all prior agreements.

14. Contact Information

For questions about these Terms, please contact:

15. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.

BY USING DIGIDIARY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.