Terms of Service




Last updated: 15 August 2025

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and THE S B D UNIT TRUST (ABN: 72 190 940 449), trading as Creative Lighting & Sound Systems Pty Ltd (“Company,” “we,” “us,” or “our”). This agreement governs your access to and use of any of our software applications (including but not limited to Spektra+), websites, and any other media form, media channel, or related services we provide (collectively, the “Services”).

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

2. Intellectual Property Rights

The Services are our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us. The Content and Marks are our exclusive property, protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia and international conventions.

Except as expressly provided in these Terms of Service, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. All rights not expressly granted to you in these Terms of Service are strictly reserved by us.

3. User Representations

By using the Services, you represent and warrant that:

  • (1) you have the legal capacity and you agree to comply with these Terms of Service;
  • (2) if you are under the age of 18, you have obtained permission from your parent or legal guardian to use the Services, and your parent or guardian has read and agreed to be bound by these Terms of Service on your behalf. We are committed to complying with child privacy laws, and you should review our Privacy Policy for details on data handling;
  • (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
  • (4) you will not use the Services for any illegal or unauthorised purpose; and
  • (5) your use of the Services will not violate any applicable law or regulation.

4. Third-Party Accounts

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”), such as Google, Apple, or Facebook, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account so that it is available on and through the Services via your account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH PROVIDERS.

5. Subscriptions and Payments

The Services are offered on a subscription basis with monthly and yearly renewal options.

All in-app purchases and subscriptions made through the application are processed via third-party payment processors, such as the Apple App Store, Google Play Store, or Paddle for desktop environments (“App Distributors”). We are not the merchant of record and do not handle payments, billing, or cancellations directly.

You agree to pay all charges at the prices then in effect for your chosen subscription plan. All prices are listed and all payments shall be in Australian Dollars (AUD). All financial transactions will be processed by the respective App Distributor in accordance with their terms of service and privacy policies, which you should review. Sales tax may be added to the price of purchases as deemed required by the App Distributor. We reserve the right to change prices for our subscription plans at any time.

Your subscription will automatically renew unless cancelled. To cancel your subscription, you must do so through the account management features of the relevant App Distributor (e.g., Apple App Store, Google Play Store, or Paddle). Your cancellation will take effect at the end of the current paid term.

6. License to Use Our Services

If you access the Services via the application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on electronic devices owned or controlled by you, strictly in accordance with these Terms of Service.

The software is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of the use or performance of any software.

You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) use the application for any revenue-generating endeavour or commercial enterprise for which it is not designed; or (4) copy or adapt the Services’ software.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Sell or otherwise transfer your profile.
  • Use the Services to advertise or offer to sell goods and services.
  • Systematically retrieve data from the Services to create a collection, database, or directory without written permission from us.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services.
  • Engage in unauthorised framing of or linking to the Services.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Make improper use of our support services or submit false reports of abuse.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.

8. User Generated Contributions and Data

The Services may provide you with the opportunity to create, submit, post, display, or transmit content and materials, including but not limited to text, photographs, or other material such as device configuration files (collectively, “Contributions”).

By creating or making available any Contributions, you thereby represent and warrant that you are the creator and owner of or have the necessary licenses, rights, and permissions to use and to authorise us to use your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with them. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility regarding your Contributions.

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

9. Third-Party Websites and Content

The Services may contain links to other websites (“Third-Party Websites”) or content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Content are not investigated, monitored, or checked for accuracy by us, and we are not responsible for any Third-Party Websites accessed through the Services. If you decide to leave the Services and access Third-Party Websites, you do so at your own risk, and you should be aware these Terms of Service no longer govern.

10. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Services. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON.

11. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times.

12. Governing Law

These Terms of Service shall be governed by and defined following the laws of Australia. Creative Lighting & Sound Systems Pty Ltd and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

13. Dispute Resolution

To expedite resolution, the Parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.

If informal negotiations are unsuccessful, any dispute arising out of or in connection with these Legal Terms shall be referred to and finally resolved by binding arbitration.

  • Arbitrators: The number of arbitrators shall be two (2), with one (1) appointed by each Party.
  • Location: The seat, or legal place, of arbitration shall be Brisbane, Australia.
  • Language: The language of the proceedings shall be English.
  • Governing Law: The governing law of these Legal Terms shall be the substantive law of Australia.

14. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $600 AUD.

15. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Terms of Service; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

16. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Services are hosted in Australia. If you access the Services from any other region of the world with laws governing personal data collection that differ from Australian law, then through your continued use, you are transferring your data to Australia, and you consent to have your data transferred to and processed in Australia.

17. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right shall not operate as a waiver of such right. If any provision is determined to be unlawful or unenforceable, that provision is deemed severable and does not affect the validity of any remaining provisions.

18. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Creative Lighting & Sound Systems Pty Ltd
4 Pine Street (Corner of Lowry St)
NORTH IPSWICH, Queensland 4305
Australia
help@creativelighting.com.au