Terms of Use

1. About these terms

These terms apply to anyone who uses VISTA GPS (“VISTA”, “we”, “us”), the online GPS performance and reporting platform at vistagps.com.au. VISTA is run by Jacob Dearle, trading as VISTA GPS (sole trader, ABN 18 935 045 654), in Perth, Western Australia.

By creating an account or using VISTA, you agree to these terms. If you use VISTA for an organisation (for example a club or school), you confirm that you are authorised to accept these terms on its behalf, and “you” includes that organisation (the “customer”).

These terms apply unless you and VISTA have signed a separate written agreement that says otherwise. If there is a conflict, the signed agreement applies.

2. The free 7-day demo

• You can sign up for a free 7-day demo. It starts the first time you sign in after confirming your email address.
• The demo uses sample, de-identified data. Uploading your own files is switched off during the demo.
• When the 7 days end, demo access stops unless your organisation buys a Season Pass. Your existing login can be converted to paid access.
• We may change, limit or end the demo offer at any time.

3. The 2027 Season Pass and pricing

• A “program” is a separate space for one team or squad, for example League, Women’s or Masters. Each program keeps its own players, data, settings and medical records.
• Example: an organisation that needs 3 programs pays $500 + 2 × $50 = $600 AUD.
• Founding offer: the first 10 clubs and schools to purchase a 2027 Season Pass pay $250 plus $25 per extra program. One founding place per club or school. The founding price applies to the 2027 Season Pass only; later seasons are at the standard price then published. The offer ends when 10 places are taken or when we withdraw it, without affecting purchases already made.
• VISTA GPS is not registered for GST, so no GST is charged on our prices.
• The 2027 Season Pass covers the 2027 season and runs until 30 September 2027, whenever you buy it. Uploading and editing open from 1 November 2026 so you can set up before the season starts. If you buy on or after 1 November 2026, access starts as soon as your purchase is activated.
• Payment is made up front through our secure Stripe payment page. We verify each purchase and aim to activate access within 2 business days.
• The Season Pass does not renew automatically. To keep using VISTA after 30 September 2027, you need to buy a pass for the next season.
• Refunds: we do not offer refunds for change of mind, unused time or unused programs. However, nothing in these terms excludes your rights under the Australian Consumer Law, including your right to a refund for a major failure.
• We may change prices for future periods. Any change will not affect a period you have already paid for.

4. Accounts and access

• Each login is for one person. Keep your password secure and do not share logins.
• The customer’s owner decides who can access its programs and with what role (owner, editor or viewer), and must remove access promptly when someone leaves.
• Tell us straight away at jacob@vistagps.com.au if you think an account has been compromised.
• You are responsible for activity under your organisation’s logins.

5. Your data and your responsibilities

You keep ownership of all data you upload to VISTA (“customer data”), including player GPS, training-load, injury and rehabilitation information. You give us permission to store, process and display customer data only so that we can provide VISTA to you, including through the service providers listed in our Privacy Policy.

You are responsible for customer data. In particular, you must:

• have the right to upload it, and have collected it lawfully;
• give players (and parents or guardians of players under 18) any notice required by privacy law, and obtain any consent needed — including for health information;
• only upload information that is needed for performance, training and rehabilitation purposes (do not upload dates of birth, home addresses or contact details);
• make sure the data is accurate, and keep your own copies of important records; and
• comply with your own professional, clinical, employment and record-keeping obligations.

We handle personal information in line with our Privacy Policy.

6. Acceptable use

You must not:

• use VISTA for anything unlawful, or to harm, harass or discriminate against any person;
• try to access another organisation’s data, or test, probe or bypass VISTA’s security or access controls;
• upload malware, or interfere with or overload VISTA or its providers;
• copy, resell, sublicense or reverse engineer VISTA, or use it to build a competing product; or
• share your access with people outside your organisation who are not authorised users.

We may suspend access, after notice where practical, if we reasonably believe these terms have been breached or there is a security risk.

7. Not medical advice — decision support only

VISTA is a data and reporting tool. It does not provide medical, physiotherapy or other health advice, diagnosis or treatment, and it does not decide whether a player is fit to train, play or return from injury.

Reports, thresholds, flags and AI-assisted insights are decision support only. They may be incomplete or wrong, for example if the uploaded data is inaccurate. All decisions about player health, training, selection and return to play must be made by appropriately qualified people using their own professional judgement. AI-assisted insights must be reviewed and approved by your staff before they are used or shared.

8. Intellectual property

VISTA, including its software, design, reports, templates, the VISTA Gold-Standard Insight Library and the VISTA GPS name and logo, is owned by us or our licensors. We give you a non-exclusive, non-transferable right to use VISTA for your organisation’s internal purposes during your access period.

You own your customer data and the reports you export. If you send us feedback or suggestions, we may use them to improve VISTA without any obligation to you.

We may use aggregated, de-identified information that cannot identify any person or organisation, but only to improve the VISTA service. We will never sell it.

9. Availability and changes

• We aim to keep VISTA available and reliable, but we do not guarantee it will always be available, uninterrupted or error-free. It relies on third-party providers such as Supabase, Netlify and Stripe.
• We may carry out maintenance, and we will try to give notice of planned downtime that is likely to be significant.
• We may improve or change features. If a change materially reduces the core service during a paid period, you can contact us to discuss a remedy.
• We may update these terms. We will post the new version with its effective date and tell customers about significant changes. If you keep using VISTA after a change, you accept the updated terms.

10. Australian Consumer Law and limits on liability

Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, that cannot lawfully be excluded or limited, including under the Australian Consumer Law (“non-excludable rights”). This includes your right to a refund for a major failure.

Subject to your non-excludable rights and to the extent permitted by law:

• VISTA is provided “as is”, and we exclude all other warranties and conditions;
• where the law allows us to limit our liability for a breach of a consumer guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again;
• we are not liable for any indirect or consequential loss, or for loss of profits, revenue, data or goodwill; and
• our total liability arising from or in connection with VISTA is limited to the total fees you paid us in the 12 months before the event giving rise to the claim.

We are not responsible for decisions made using VISTA’s reports or insights (see section 7), or for loss caused by inaccurate customer data or by your breach of these terms.

11. Ending access and exporting your data

• You can stop using VISTA at any time. No refunds are given for ending early, except where the Australian Consumer Law requires one (see section 3).
• We may end or suspend access if you seriously breach these terms and do not fix the breach within a reasonable time after we tell you, or immediately if that is needed to protect VISTA, other customers or players.
• Access ends when your Season Pass ends (for the 2027 Season Pass, on 30 September 2027). It does not renew automatically.
• Before access ends, you should export any reports or data you need, using VISTA’s export, print and “Download Backup Copy” tools. If you ask us at jacob@vistagps.com.au before your data is deleted, we will also provide a raw data export in CSV format. We will tell you about the retention and deletion window. Our target is to delete your organisation’s data within 30 days after access ends, unless the law requires us to keep it (see our Privacy Policy).
• Sections 5, 7, 8, 10 and 12 continue after access ends.

12. General

• These terms are governed by the laws of Western Australia, and you and we submit to the courts of Western Australia.
• If any part of these terms is invalid or unenforceable, the rest still applies.
• We are not liable for delays or failures caused by events outside our reasonable control.
• You may not transfer your rights under these terms without our written consent.
• Contact: Jacob Dearle, VISTA GPS — jacob@vistagps.com.au.