Legal

User Terms

Version 1.0, effective 9 November 2026.


IMPORTANT LEGAL NOTICE

These User Terms ("User Terms") form a legal agreement between you and the PhotoSentinel company named in the Order Schedule of the Master Subscription Agreement (as defined below) for your organisation's cell, being PhotoSentinel Pty Ltd (ACN 665 125 100) (Australia), PhotoSentinel, Inc., a Nevada corporation (United States), or PHOTOSENTINEL PHOTOGRAPHIC EQUIPMENT AND ACCESSORIES TRADING FZE (United Arab Emirates) ("Company", "we", "us" and "our"), relating to our software titled 'Sentinel OS', including any add-ons, variations, expansion packs, updates, upgrades, patches or other modifications made in respect of the software from time to time (collectively, the "Software").

These User Terms are made in association with the Master Subscription Agreement ("MSA") entered into between us and the customer organisation that is responsible for payment of the applicable subscription fees and under whose subscription your Account (defined in section 4) is created (the "Customer").

These User Terms govern the terms on which the Software is made available to you and its permitted use by you. By accessing, downloading, installing, copying or using ("Use" or "Using") the Software in any way (whether as part of the creation of an Account and whether on any Company or third-party platform), you confirm that you are aged 18 years old or over and have read and accept these User Terms.

Your continued Use of the Software in any way signifies your acceptance of these User Terms.

We may immediately terminate these User Terms and block your access to the Software if we are not satisfied that such acceptance has been given by you. In those circumstances we will not make the Software available to you and you will not be permitted to Use the Software in any way whatsoever.

In addition to these User Terms, any and all uses of the Software are subject to our privacy policy located at https://photosentinel.com/legal/privacy ("Privacy Policy"), which is incorporated into these User Terms by reference. By agreeing to these User Terms, you agree to be legally bound by the Privacy Policy.

We reserve the right to add to or make changes to these User Terms at any time to reflect changes in: (a) laws applicable to these User Terms; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical specifications or requirements of the Software; (e) our internal policies; or (f) our users' needs, and for any other reason we deem appropriate.

Versioning and acceptance. These User Terms are a versioned document. Each version carries a version label and an effective date. Where a new version takes effect, you will be notified and asked to accept it at your next login, and your continued Use of the Software after the effective date constitutes acceptance of that version. We keep a record of each version and of your acceptance (including the version accepted, the date, and the point of acceptance). The current version is published at https://photosentinel.com/legal/user-terms. If you do not accept (and are not otherwise deemed to have accepted) any new version of these User Terms within 30 days of our notice, then these User Terms will be terminated upon the expiry of the 30 day notice period.

Whilst these User Terms may be translated into languages other than English, the English language version is the primary and master version and prevails in the event of any difference.

1. GRANT AND SCOPE OF LICENCE

1.1 Subject at all times to the Customer complying with its obligations under the MSA and subject to you complying with these User Terms, we grant you a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable licence to Use the Software, solely in connection with the Customer ("Licence"). Accessing the Software for the purposes of analysing, decompiling, altering, adapting, varying, reverse engineering, copying, reproducing, or transmitting the Software or doing anything similar or equivalent falls outside the scope of permitted use and constitutes a material breach of these User Terms.

1.2 When Using the Software, or uploading content from the Software, standard network and/or broadband charges may apply. You may incur additional data charges according to your contract with your relevant internet provider, for which you are solely responsible.

2. RESTRICTIONS

2.1 Except as expressly set out in these User Terms you acknowledge that you are solely responsible for complying with all applicable laws and you undertake that you will not (and will not permit or encourage or procure others directly or indirectly to): (a) in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Software, except where incidental to normal use or where such actions cannot be prohibited by law; (b) rent, sell, lease, sub-license, loan, publish, display, distribute or otherwise transfer the Software (or any part of it) to a third party; (c) reflect, translate, alter, modify, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of the Software, nor permit it to be combined with or incorporated in any other programs; (d) combine, associate, wrap-around, integrate, or align any third-party software, components or add-on features with the Software (or any part of it); (e) exploit or otherwise make available the Software or any of its parts for any purpose including any commercial purpose, except as expressly permitted in writing by the Company; (f) remove or destroy any copyright notices or other proprietary markings contained in the Software (or any part of it); or (g) bypass or seek to bypass any security or technical measures (including de-obfuscating any code) relating to the Software (or any part of it).

2.2 You must not use in connection with the Software any third-party software which undertakes or enables any of the restricted activities specified at section 2.1, unless the Company otherwise agrees in writing.

2.3 You acknowledge and agree that: (a) you will use the Software in compliance with its intended use and any written instructions provided by the Company from time to time; (b) you will follow any instructions provided by the Company in relation to access to and use of the Software; (c) installation of any and all Software updates is required to ensure ongoing use is effective; (d) if you are not using the latest updated Software, you may not be able to continue to access the features and functionality of the Software, and the Company shall have no liability for any loss arising from such delay or failure to apply updates; and (e) you will engage in fair use of our system and must not negatively impact our products and services.

2.4 The Company reserves the right to change, modify or disable the Software or any features at any time without any liability to you. Where such change will result in a material adverse change to your use of the Software, the Company will use reasonable endeavours to provide notice as soon as becoming aware, unless unable to do so or it would be unreasonable to do so due to circumstances beyond its reasonable control.

2.5 The Company may, without notice to you: (a) withdraw, restrict or suspend access to the Software at any time if directed to do so by the Customer, if the Software is misused by you, and/or if the Company reasonably considers you are in breach of these User Terms, or if the Customer's access is suspended under the MSA; and (b) change, add, remove or suspend the functionality of the Software at any time by way of issuing updates. These User Terms apply to any such updates.

2.6 Any use of the Software not expressly authorised by these User Terms is prohibited and will be regarded both as a breach of these User Terms and/or as an infringement of our intellectual property rights in and to the Software.

3. INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT

Intellectual Property

3.1 You acknowledge, accept and agree that all title, ownership rights and intellectual property rights in and to the Software and all copies thereof (including any titles, computer code and concepts) anywhere in the world belong to the Company and/or our third-party licensors.

3.2 You acknowledge that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use it in accordance with these User Terms.

3.3 You acknowledge that you have no right in or access to the Software in source code format unless expressly provided within these User Terms.

3.4 In no event will the Software be deemed to be "open-source" or "publicly available" software.

3.5 You understand and agree that the Company may use any feedback or information you provide in relation to the Software ("Feedback") and you grant the Company a perpetual, worldwide and irrevocable licence to use all such Feedback for any purpose without compensation to you, provided that the Company shall not publicly reference your name in connection with such usage without your consent. You represent and warrant that such Feedback will not include any proprietary or confidential information of you, the Customer or any third party and that you have full authority to grant the foregoing licence.

User Content

3.6 "User Content" means any and all data, material and information, including audio files, video files, image files, other electronic files and metadata, that is held, uploaded, distributed or otherwise provided within your Account, which is stored, imported into, created, generated through or otherwise shared with the Software. You are solely responsible for your User Content. You assume all risks associated with its use, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure that makes you or any third party personally identifiable. Unless otherwise agreed between you and the Customer, your User Content automatically vests in the Customer upon its creation.

3.7 By uploading, distributing, or otherwise using your User Content with the Software, to the extent you have any rights in the User Content, you automatically grant, and represent and warrant that you have the right to grant, to the Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide licence, with the right to grant sublicences, to use your User Content solely to display it via the Software. Unless otherwise agreed with the Customer, the Company may use User Content for its own promotional or marketing purposes on the terms set out in the MSA, including the Customer's right to withhold consent and the exclusion of User Content that identifies, or could reasonably identify, an individual.

3.8 You represent and warrant that your User Content does not violate the Acceptable Use provisions in section 3.9. You must not state or imply that your User Content is provided, sponsored or endorsed by the Company. The Company is not obligated to backup any User Content, and User Content may be deleted in accordance with the MSA. You and the Customer are solely responsible for creating your own backup copies.

3.9 Under the Company's Acceptable Use provisions, you agree not to use the Software to: (a) upload, distribute, or otherwise use any User Content that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is tortious, trade libelous, defamatory, false, or intentionally misleading; (iii) is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable; (iv) is harmful to minors in any way; (v) constitutes unsolicited or unauthorized advertising, junk mail, spam, chain letters, pyramid schemes, promotional materials, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (vi) violates any applicable law, regulations, or contractual obligations; (b) upload or distribute any computer viruses, worms or malicious code, or any software intended to damage or alter a computer system or data; (c) collect information or data regarding other users, including e-mail addresses, without their consent (e.g. using harvesting bots, robots, spiders or scrapers); (d) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Software (e.g. a denial of service attack); (e) attempt to gain unauthorized access to the Software or servers or networks connected to the Software (e.g. through password mining); (f) interfere with any other user's use and enjoyment of the Software; or (g) use the Software or any imagery in it for facial recognition or biometric analysis.

3.10 We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason with or without notice to you (e.g. at the Customer's direction or upon termination of the MSA).

3.11 The Company is not responsible for and does not control User Content from other Software users. The Company has no obligation to review or monitor, and does not approve, endorse, or make any representation or warranties with respect to, User Content. You use all User Content from other users and interact with other users at your own risk. Your interactions with other Software users are solely between you and such users and we are under no obligation to become involved. You agree that the Company will not be responsible for any liability incurred as a result of any such interactions.

4. ACCOUNTS AND ANALYTICS

4.1 In order to access and use the Software, you will be asked to register and open an account and provide certain personal information such as your name and email address ("Account"). Our Privacy Policy explains how such information may be collected and used.

4.2 We are constantly striving to improve the products we develop and/or publish. To help us achieve this we sometimes collect data relating to how you use the Software, including what actions you take or selections you make, how long you are logged in for and the performance of the online connectivity of our systems (including technical information about the device and connection you are using to access the systems). This data is handled in compliance with applicable data protection laws, is anonymised and/or aggregated, and only kept for a reasonable period for analysis. For more information, please refer to our Privacy Policy.

4.3 Support access to your Account. If you lodge a support request through the Software, you may be offered the option to grant our support personnel temporary access to the Customer's account, including your Account, to diagnose and resolve that request. This is optional and such access is otherwise turned off by default. Where you grant such access:

(a) it applies only to the support request you lodged, and not to any other request;

(b) it takes effect only when a member of our support team accepts it, and lapses if it is not accepted within the period stated in our support documentation;

(c) once accepted, it lasts only for the limited period stated in that documentation and does not extend automatically;

(d) you or the Customer may revoke it at any time from your profile, and revocation ends any access session then in progress; and

(e) every access event is logged.

While an access session is live, our support personnel may view your name, email address and mobile number, but cannot change them. You grant this access on behalf of, and as authorised by, the Customer under the MSA. It is an instruction from the Customer to us, not a consent given by you under data protection law. The Customer may restrict which users are able to grant it.

5. THIRD PARTY SOFTWARE AND THIRD PARTY SERVICES

5.1 From time to time the Software may integrate with or include third-party software ("Third-Party Software"). When this occurs, the Company will share information with that Third-Party Software in accordance with our Privacy Policy. The Company is not responsible for and does not control Third-Party Software; it is provided on an 'as is' basis and only as a convenience to you and the Customer. The Company has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to Third Party Software. When you access Third-Party Software, the applicable third party's terms and conditions apply, including the third party's privacy policies. You should make yourself aware of the terms and conditions of the Third Party software before engaging with or using them.

5.2 App stores. If you obtained the Software through the Apple App Store or Google Play (each an "App Store"): (a) these User Terms are between you and the Company only, not the App Store operator, and the Company, not the App Store operator, is responsible for the Software and its content; (b) the App Store operator has no obligation to provide maintenance or support for the Software; (c) if the Software fails to conform to an applicable warranty, you may notify the App Store operator, which may refund any purchase price paid to it, and to the maximum extent permitted by law the App Store operator has no other warranty obligation for the Software; (d) as between the Company and the App Store operator, the Company, not the App Store operator, is responsible for addressing any claims relating to the Software or your possession or use of it, including product liability claims, claims that the Software fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation, subject to the limitations in these User Terms; (e) as between the Company and the App Store operator, the Company, not the App Store operator, is responsible for the investigation, defence, settlement and discharge of any third party claim that the Software or your possession and use of it infringes that third party's intellectual property rights; (f) you represent that you are not located in a country subject to a United States Government embargo or designated by it as a "terrorist supporting" country, and are not on any United States Government list of prohibited or restricted parties; (g) you must comply with any third-party terms that apply when you use the Software; (h) questions, complaints or claims about the Software should be sent to the Company at the address in section 9.10; and (i) the App Store operator and its subsidiaries are third-party beneficiaries of these User Terms and may enforce them against you.

5.4 To the extent permitted by law, you hereby irrevocably and unconditionally release and forever discharge the Company (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, relating to your interactions with, or acts or omissions of, any Third-Party Software or other Software users. If you are a California resident, you waive California Civil Code Section 1542 in connection with the foregoing.

6. DISCLAIMER OF WARRANTIES

6.1 To the fullest extent permissible under applicable law, the Software is provided "as is" with all faults, without warranty or guarantees of any kind, express or implied, including any implied warranties of condition, quality, satisfaction, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. Your Use of the Software is at your sole risk. The Company does not warrant that the Software will be error-free, or that it will interoperate or be compatible with any other software, or that any errors will be corrected.

6.2 To the maximum extent permitted by applicable law, we do not represent or warrant that access to the Software will be uninterrupted or free of failures, errors, omissions or loss of transmitted information, or that no viruses will be transmitted. We do not guarantee that you will be able to access or use the Software at times or locations of its choosing or that we will have adequate capacity for the Software as a whole or in any specific geographic area.

6.3 You acknowledge and agree that the Software has not been developed to meet your individual requirements and that it is your responsibility to ensure it meets your requirements.

7. LIMITATION OF LIABILITY AND INDEMNITY

7.1 To the maximum extent permissible by the Governing Law and any other applicable laws, and subject to section 7.3, the Company shall not be liable for: (a) any loss or damage of any kind arising out of your Use of the Software including loss of data, computer failure or malfunction; (b) any interruptions of service, including internet service provider (ISP) disruptions, software or hardware failures; or (c) any other event which may result in a loss of data or disruption of service. In no event will the Company be liable to you for any indirect, incidental, special, exemplary or consequential damages.

7.2 To the maximum extent permissible by the Governing Law and any other applicable laws, our total liability, whether arising in contract, tort, strict liability or otherwise and including liability for losses, costs, expenses or damages, shall not exceed (in the aggregate) the actual amount paid under the MSA to the Company during the 6 months prior to the date of the cause of action first arising. This limit is the same limit as in clause 16.2 of the MSA, not an additional one: amounts paid or payable by the Company under these User Terms and the MSA together do not exceed it.

7.3 Nothing in these User Terms shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by the Governing Law or any other applicable laws.

7.4 You agree to defend, indemnify and hold harmless the Company (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs and expenses (including legal fees) brought by third parties resulting from or relating to: (a) your use of the Software; (b) your User Content; or (c) any breach of these User Terms by you. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify it, and you agree to cooperate. You agree not to settle any matter without the prior written consent of the Company.

8. TERMINATION

8.1 We may terminate these User Terms and your Software user Account immediately if you commit a breach of these User Terms.

8.2 These User Terms will automatically terminate upon expiration or termination of the MSA, without notice to you.

8.3 Upon termination for any reason: (a) all rights granted to you under these User Terms shall immediately cease; (b) you must immediately cease all activities authorised by these User Terms; (c) you must immediately delete or remove the Software from all computer equipment in your possession; (d) your access to and use of the Software will immediately cease; and (e) your User Content may be deleted from our databases in accordance with the MSA.

8.4 The Company will not have any liability to you whatsoever for termination of these User Terms, including in respect of any deletion of your User Content.

9. GENERAL

9.1 Each of the warranties and conditions (or rights and obligations) of these User Terms operates separately.

9.2 If any provision (or part) of these User Terms is found to be illegal, void, invalid or unenforceable by any court or competent authority in a jurisdiction, it shall be severed from these User Terms in that jurisdiction and the legality, validity and enforceability of the remaining provisions will not be affected, nor shall these User Terms be affected in any other jurisdiction.

9.3 We may transfer our rights and obligations under these User Terms to another organisation, but this will not affect your rights or our obligations. You may not transfer or assign your rights and obligations to a third party without the Company's prior written consent.

9.4 If we fail to insist that you perform any of your obligations under these User Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights.

9.5 Governing law. These User Terms are governed by and construed in accordance with the Governing Law that applies to the MSA under clause 22 of the MSA ("Governing Law"), including any different law set by the Jurisdiction Schedule for your organisation's cell, without regard to conflict of laws principles.

9.6 Any dispute arising out of or in connection with these User Terms shall be resolved in the same way as disputes under the MSA, being by arbitration in accordance with the Australian Centre for International Arbitration (ACICA) Rules, seated in Melbourne, Australia, in English, unless the Jurisdiction Schedule for your organisation's cell provides otherwise.

9.7 Despite section 9.6, a party may apply to the courts for the enforcement of an arbitral award and for interim relief, in the courts of the Governing Law jurisdiction and in any other court of competent jurisdiction. Each party consents to the jurisdiction of such courts and waives any objection based on inconvenient forum.

9.8 Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain a breach of these User Terms, including breaches of confidentiality or intellectual property rights.

9.9 Any provision of these User Terms which is capable of taking effect after termination continues in full force and effect and does not merge on termination.

9.10 Any notice provided to the Company pursuant to these User Terms should be sent to: legal@photosentinel.com.

9.11 These User Terms constitute the entire agreement between the parties with respect to the subject matter, provided that these User Terms shall co-exist with, and shall not supersede, the MSA or our Privacy Policy.

9.12 Electronic acceptance. You accept these User Terms electronically in the Software. We keep a record of your acceptance (including the version accepted, the date and time, and the point of acceptance), and that record is evidence of it.

End.

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