Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) govern your access to and use of Vistra’s website, applications, software, and related services (“Services”).

By creating an account, accessing, or using Vistra, you agree to these Terms.

If you use Vistra on behalf of a company, organisation, or another entity, you confirm that you have authority to accept these Terms on their behalf.

If you do not agree with these Terms, you must not use the Services.

2. About Vistra

Vistra is a digital field reporting platform that helps businesses capture information, organise inspection data, create professional reports, and collaborate with internal teams and clients.

Vistra provides tools including:

Digital inspection workflows
Photo capture and organisation
Report creation
AI-assisted documentation
Collaboration features
Export and sharing tools

Vistra is a software platform. It does not provide inspection, engineering, construction, compliance, insurance, legal, or professional consulting services.

3. Eligibility

You must:

Be legally capable of entering into an agreement
Provide accurate account information
Use the Services according to applicable laws
Have authority to upload and manage submitted information

If you create an account for a business, you are responsible for ensuring your organisation complies with these Terms.

4. Account registration

To access certain features, you may need to create an account. You agree to:

Provide accurate information
Keep account details updated
Protect your login credentials
Notify Vistra of unauthorised account access
Accept responsibility for activity under your account

You must not:

Share accounts in a way that violates subscription limits
Create accounts using false information
Attempt to access another user’s account

5. Subscription and billing

Certain Vistra features may require a paid subscription. Subscription plans may include:

Monthly subscriptions
Annual subscriptions
Paid plans for individuals and teams

Current plans and prices are listed on our Pricing page. If we change the price of a paid plan you are on, we will give you at least 30 days’ notice by email, and the change applies from your next billing period. If you do not want to continue at the new price, you can cancel before then.

5.1 Payments

You agree to provide accurate billing information. Payments are processed through approved payment providers.

You authorise Vistra or its payment partners to charge the fees for your plan. If you subscribe through the Apple App Store or Google Play, Apple or Google processes the payment under its own terms.

All prices are in Australian dollars (AUD) and include GST. We issue a tax invoice for each payment.

If a payment fails, we will let you know and try again. If it is still unpaid after a 7-day grace period, your plan moves to Free. Your reports are kept, but Free plan limits apply until you pay or upgrade again.

5.2 Automatic renewal

Paid subscriptions renew automatically each month or each year, depending on the billing period you chose, until you cancel.

5.3 Cancellation

You can cancel at any time in your billing settings, or in your App Store or Google Play subscriptions if you subscribed there. Cancellation takes effect at the end of the period you have already paid for, so you keep your paid features until then, and you are not charged again.

5.4 Refunds

We do not give refunds for part of a billing period, except where the Australian Consumer Law requires us to. Nothing in this section limits your consumer guarantees under the Australian Consumer Law, including your right to a remedy if the Services have a major failure.

6. User content

Users may upload content including:

Images
Reports
Documents
Notes
Client information
Inspection records

You retain ownership of your content. You grant Vistra permission to:

Store your content
Process your content
Display your content within the platform
Transmit your content when required to provide Services

This permission exists only to operate the Services for you. We may also use de-identified usage data (data that cannot identify you or your clients) to improve the Services.

7. Responsibility for user content

You are responsible for:

Accuracy of uploaded information
Obtaining required permissions
Protecting confidential information
Ensuring reports comply with applicable requirements

Vistra does not verify the accuracy, completeness, or legality of user-generated reports.

8. AI features

Vistra may provide artificial intelligence features. AI features may assist with:

Writing descriptions
Structuring reports
Organising information
Improving documentation

You acknowledge:

AI-generated content may contain errors
AI output requires human review
AI does not replace professional judgement
You remain responsible for final reports

Vistra does not guarantee that AI-generated results are complete, accurate, or suitable for every purpose.

9. Acceptable use

You agree not to use Vistra to:

Violate laws or regulations
Upload unlawful content
Infringe intellectual property rights
Attempt unauthorised access
Damage or disrupt the platform
Reverse engineer the software
Abuse AI features
Upload malicious files
Circumvent security controls

Additional requirements are described in our Acceptable Use Policy.

10. Intellectual property

Vistra owns all rights relating to:

Software
Platform design
Interfaces
Branding
Documentation
Proprietary technology

You receive a limited, non-exclusive, non-transferable licence to use the Services during your subscription period.

You may not:

Copy the platform
Modify source code
Create competing products using Vistra technology
Remove ownership notices

11. Third-party services

Vistra may integrate with third-party services. Examples include:

Cloud providers
Payment processors
AI providers

Third-party services operate under their own terms and policies. Subject to section 15, Vistra is not responsible for failures of third-party services that you choose to connect to Vistra. We remain responsible for the providers we engage ourselves to run the Services.

12. Service availability

We aim to maintain reliable access to Vistra. However, we do not guarantee that Services will always be:

Available
Error-free
Uninterrupted
Free from defects

Temporary interruptions may occur due to:

Maintenance
Updates
Security events
Infrastructure issues

13. Data backup

We back up our databases regularly and take reasonable care to protect your data. Because no system is perfect, you should keep your own copies of records that matter to your business, for example by exporting reports to PDF.

We are not responsible for loss caused by:

You or your team deleting content
Incorrect use of the Services
Events outside our reasonable control

This does not apply where the loss is caused by our own failure to take reasonable care.

14. Disclaimer

Vistra provides software tools only. We do not guarantee:

Business outcomes
Regulatory compliance
Inspection accuracy
Client acceptance of reports
Professional certification

Users remain responsible for professional decisions made using information generated through the platform.

15. Limitation of liability

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

Subject to that, and to the extent the law allows:

neither of us is liable to the other for indirect or consequential loss;
we are not liable for professional decisions you make using reports or other information created with the platform; and
our total liability to you for all claims arising from the Services in any 12-month period is limited to the greater of the fees you paid us in the previous 12 months and A$100.

None of these limits applies to loss caused by our fraud or wilful misconduct, or to our breach of our privacy obligations under the Privacy Act 1988 (Cth).

Where the Australian Consumer Law lets us limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our choice, to supplying the Services again or paying the cost of having them supplied again. This only applies where it is fair and reasonable to do so.

16. Indemnification

You agree to cover reasonable losses we suffer from a third-party claim, to the extent the claim is caused by:

content you uploaded that you did not have the right to use
your breach of these Terms
your breach of someone else’s rights or of the law

We will tell you about the claim promptly and let you help deal with it. This does not apply to the extent we caused the loss.

17. Suspension and termination

You can stop using Vistra and delete your account at any time. If you pay for a plan, cancel it first in your billing settings (see section 5.3).

We may suspend or close an account if the account holder:

seriously or repeatedly breaches these Terms, and does not fix it after we ask them to (where it can be fixed)
abuses the platform or creates a security risk
engages in unlawful activity

Where we can reasonably do so, we will tell you why and give you a chance to respond first. If we close your account for a reason other than your breach, we will give you at least 30 days’ notice by email and refund any fees you have paid for the period after the closure.

If a payment fails, section 5.1 applies and your plan moves to Free after the grace period. We do not close your account for that reason alone.

When an account is closed or deleted:

access to the Services stops and paid plan rights end
you can export your reports before then, and you can ask us for a copy within the 30-day grace period
after the 30-day grace period, the account, reports, photos and files are permanently deleted. Deleted reports sit in the trash for 30 days before they are purged. Tax invoices and payment records are kept for 7 years as Australian tax law requires, held in our payment providers’ systems (Stripe, Apple, Google). See our Privacy Policy and Delete your account & data.

We do not delete accounts because they have been inactive. Your data is kept while your account exists.

18. Changes to the Services and these Terms

We may add, remove or change features as the product develops. If a change would significantly reduce what you get on a plan you pay for, we will give you at least 30 days’ notice by email, and you may cancel and receive a refund for any period you have paid for but not used.

We may update these Terms. We will give you at least 30 days’ notice by email, or in the app, before a material change takes effect. If you do not agree to the change, you can cancel before it takes effect. Using the Services after that date means you accept the updated Terms. Changes that are required by law, or minor corrections that do not disadvantage you, can take effect sooner.

19. Governing law

These terms are governed by the laws of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Australia. Nothing in this section stops you from using any right you have under the Australian Consumer Law.

20. Contact

For questions regarding these Terms:

Email: hello@vistra.report
Operator: Shining Technologies
Website: https://www.vistra.report/