1. Agreement to these terms
These Terms of Service ("Terms") are a legal agreement between RANDAZZO, BAILEY FITZGERALD, a sole trader trading as "EventCheck" (ABN 29 982 442 983) ("EventCheck", "we", "us", "our"), and the person or organisation that registers for or uses the Operations Control Board platform and related services (the "Platform").
If you use the Platform on behalf of an organisation (for example as an event organiser, admin or operator), "you" and "Customer" mean that organisation, and you confirm you are authorised to bind it. By creating an account, accepting an invitation, or accessing or using the Platform, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. Where we process personal information on your behalf, our Data Processing Addendum also applies. If you do not agree, do not use the Platform.
2. Definitions
- "Authorised User" - an individual (admin, operator, staff member or volunteer) you permit to access the Platform under your account, or who is invited to an event.
- "Customer Data" - all data you or your Authorised Users submit to, or that is generated for you within, the Platform (incidents, logs, schedules, contacts, personnel, SMS content, uploaded files and AI outputs).
- "End Recipient" - a person who interacts with an event by SMS or who is the subject of Customer Data (for example a participant, volunteer, member of the public or contact).
3. The Service
The Platform is a software-as-a-service tool for managing the operational delivery of live events. Depending on configuration, and as the Platform is updated from time to time, it may include a range of operations, incident-management, communications, mapping, reporting and related features. We may add, change, suspend or remove features, and will try to give reasonable notice of material adverse changes to core functionality.
4. Eligibility, accounts and registration
4.1 Eligibility. You must be at least 18 and able to form a binding contract. The Platform is for business/operational use, not for use by children.
4.2 How accounts are created. Access is controlled and is generally provided by invitation or against an approved list; it is not open, anonymous public sign-up. EventCheck supports several sign-in methods, and we encourage stronger ones, a third-party provider (Google, Microsoft or Apple) or an authenticator app, which establish a multi-factor session. Signing in with a mobile number and a one-time SMS code remains available but establishes a more limited session with reduced access to bulk-sensitive data. Registration requires your first and last name and at least one verified sign-in method. If you signed up by mobile you can add and verify an email (by code) to sign in and recover your account, and you can provide a separate contact email, verified by code, that we use to reach you. You agree the information you provide is accurate and current, and you will keep it up to date.
4.3 Account security. You are responsible for all activity under your account and for keeping your login method and devices secure. Do not share credentials. Notify us immediately at support@eventcheck.io of any unauthorised use. We are not liable for losses caused by unauthorised use where you have not met these obligations. Sign-in, verification and account recovery are always done with a code you enter yourself; we never ask you to change your account by clicking a link in a message. Some higher-sensitivity data and bulk exports are available only from a session established with multi-factor or provider-based sign-in.
4.4 Authorised Users. You are responsible for your Authorised Users, including assigning roles and permissions and for their compliance with these Terms, and for promptly removing access for people who should no longer have it.
4.5 Invitations and PINs. Invitations may be sent by SMS or email and may include a PIN. You must not use an invitation, PIN, device pairing code, or access token that was not issued to you. If you are invited at one email or number but hold your account under another, you can prove control of the invited address by entering a code we send to it; this links the invitation to your account.
5. Your responsibilities and lawful use of data
You are responsible for the Customer Data you put into, and the communications you conduct through, the Platform. You represent and agree that: (a) you have the right and a lawful basis to collect, upload, store and process the Customer Data (including any personal, health/medical, location or sensitive information, and any data about participants, staff, volunteers, contacts or members of the public), and to have us process it as your service provider; (b) you will provide all required notices and obtain all required consents from individuals, including any consent required to record sensitive/ health information and to track location; (c) you will comply with all applicable laws, including privacy law (the Privacy Act 1988 (Cth) and the APPs, and the GDPR or other laws where applicable) and laws governing electronic messaging (including the Spam Act 2003 (Cth)); (d) you will not upload unlawful or infringing content or malware and will comply with the Acceptable Use section; and (e) you are responsible for the accuracy of Customer Data and for operational decisions made using the Platform.
You grant us a non-exclusive, worldwide licence to host, copy, process, transmit and display Customer Data solely to provide, secure, support and improve the Platform and as permitted in the Data Processing Addendum. As between us, you own your Customer Data; we claim no ownership of it.
6. Acceptable use
You must not, and must not permit any Authorised User or End Recipient to:
- use the Platform unlawfully or to facilitate illegal activity; infringe anyone's rights; or upload content that is unlawful, defamatory, harassing, threatening, obscene, or that incites violence;
- record, access, use or disclose personal, health or sensitive information without a lawful basis and any required consent, or access event data or controls you are not authorised to access;
- send SMS or other messages to anyone who has not consented or who has opted out, or send spam, misleading, or impersonating messages, or otherwise breach the SMS section or the Spam Act 2003 (Cth) or carrier requirements;
- probe, scan or test the security of the Platform, breach or circumvent authentication or access controls, use credentials/PINs/tokens not issued to you, or introduce malware;
- interfere with or disrupt the Platform (including via excessive load, denial-of-service, or circumventing rate limits);
- scrape or harvest data except via features we provide; reverse engineer, decompile, copy, resell or sublicense the Platform; or use it to build a competing product, except to the extent this restriction is prohibited by law;
- misuse the AI features (section 8), including to generate unlawful, harmful or infringing content, to extract underlying models or prompts, or to bypass safety constraints; or
- misrepresent your identity, affiliation or authority.
We may investigate suspected breaches and review, restrict, remove or disable content or accounts we reasonably believe breach these Terms or the law or pose a risk. Report misuse or security issues to support@eventcheck.io.
7. SMS and messaging (operational/transactional only)
The Platform sends and receives SMS/MMS through third-party carriers (for example Twilio) for operational and transactional purposes connected to an event - for example incident reports from the field, task and shift actions, operator replies, and broadcasts to staff. The Platform is not for marketing or promotional messaging, and you must not use it to send marketing messages.
- Consent. People generally join an event's SMS line by texting an event code or an event number; by texting in, a person agrees to exchange operational SMS with the event team for that event. You are responsible for ensuring your messaging is limited to operational/transactional content and complies with the Spam Act 2003 (Cth) and equivalent laws. People who text an event line do not need an EventCheck account.
- Opt-out. Recipients can opt out at any time by replying STOP (and HELP for help); these keywords are handled automatically by the carrier/SMS provider, which stops further messages to that number. Operators can also block or deactivate a number. If you use a one-way sender ID that cannot receive replies, you must include opt-out instructions and an alternative contact in your messages.
- Rates and delivery. Message and data rates may apply, and message frequency varies with the situation. SMS delivery depends on carriers and is not guaranteed; messages may be delayed, filtered, mis-ordered or undelivered. To the maximum extent permitted by law, we are not liable for carrier failures or for loss arising from delayed, undelivered or misclassified messages.
- AI-assisted replies. If you enable automatic or AI-suggested replies, you are responsible for configuring them and for the content sent on your behalf; a human operator remains responsible for outbound communications and operational decisions.
- What we process. Inbound messages and media (including photos) are stored as event data and may be processed by AI to classify and summarise them (see the Privacy Policy). Tell people who text your event line that their messages and media are recorded and used for event operations.
- Third-party messaging channel. Where we make an optional third-party messaging channel available and you choose to enable it for an event, you are responsible for deciding whether to use it and for what is communicated through it. Messages sent through that channel are handled by the third-party provider under its own terms and copies may remain on users' own devices; you should not use it to communicate identifiable health or welfare detail.
8. AI features
The Platform includes AI features that classify and summarise SMS, provide an operator assistant, analyse incident data, and generate incident summaries, using a third-party AI provider (Anthropic). You acknowledge and agree that: relevant Customer Data (including incident and SMS text, operator notes and, for some features, photos) is sent to the AI provider to deliver these features (see the Privacy Policy and DPA); AI output may be inaccurate, incomplete or unsuitable and must be independently verified by a competent human before being relied on; AI output is not professional, medical, clinical, legal, security or safety advice and is not a substitute for qualified human judgement or for contacting emergency services; and a human operator remains responsible for all operational decisions and outbound communications, with certain AI-proposed actions requiring operator approval. You are responsible for configuring (and where unsuitable, disabling) the AI features for your event.
9. Not an emergency service
THE PLATFORM IS AN OPERATIONS-MANAGEMENT TOOL. IT IS NOT AN EMERGENCY, MEDICAL, SAFETY-CRITICAL OR LIFE-SAFETY SYSTEM, AND IT IS NOT A SUBSTITUTE FOR EMERGENCY SERVICES.
- In an emergency, or where there is a risk to life, health or safety, contact emergency services immediately (in Australia, dial 000) and follow your own emergency and medical response plans. Do not rely on the Platform, SMS triage, AI features, notifications or public pages to summon help or deliver time-critical information.
- The Platform depends on internet connectivity, third-party carriers, browsers, devices and cloud services that may fail or be delayed; messages and notifications may be delayed, misclassified, undelivered or lost.
- You are solely responsible for maintaining adequate independent emergency, medical, safety and communications arrangements for your events. To the maximum extent permitted by law, we are not liable for any injury, death, loss or damage arising from reliance on the Platform for emergency, medical or safety-critical purposes.
10. Fees and billing
Fees, plans and any usage-based charges (which may include SMS, AI usage, storage and other metered usage) are as set out in your order form, quote, invoice, subscription or a pricing page at https://eventcheck.io or https://board.eventcheck.io (or as otherwise agreed with you). Unless stated otherwise, fees are in Australian dollars (AUD) and exclusive of GST and other taxes; charges are payable on the terms stated to you; and late or failed payments may result in suspension or additional fees being charged. We may change pricing on reasonable notice (at least 30 days for recurring fees). If the Platform is provided to you free of charge or on a trial/beta basis, we may introduce or change fees on reasonable notice and may modify or discontinue free/beta access at any time.
11. Third-party services
The Platform integrates third-party services (for example cloud hosting and infrastructure, messaging, AI, email, mapping and weather providers). Your use of those features may be subject to the third parties' terms, and their availability is outside our control. We are not responsible for third-party services, and any integration you configure (such as an outbound webhook) is at your risk.
12. Intellectual property
We and our licensors own all rights in the Platform, including its software, design, content and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform during the term for your internal event-operations purposes, subject to these Terms. You own your Customer Data. If you give us feedback, we may use it without restriction or obligation. You must not copy, modify, distribute, sell, sublicense, reverse engineer or create derivative works of the Platform, or remove proprietary notices, except to the extent this restriction is prohibited by law.
13. Confidentiality
Each party may receive confidential information of the other. The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to personnel and contractors who need it and are bound by confidentiality, or as required by law. This does not apply to information that is public through no fault of the receiving party, independently developed, or rightfully received from a third party.
14. Availability, warranties and Australian Consumer Law
We will use commercially reasonable efforts to make the Platform available, but we do not warrant uninterrupted, timely, secure or error-free operation, and features may be provided as "beta" or "preview". To the maximum extent permitted by law, the Platform is provided "as is" and "as available", and we disclaim all implied warranties (including merchantability, fitness for a particular purpose and non-infringement). Beta or preview features are provided without any warranty or service-level commitment and may be changed or withdrawn at any time without liability.
Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or other law that cannot lawfully be excluded. Where our liability for failure to comply with a consumer guarantee can be limited, our liability is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied.
15. Limitation of liability
Subject to section 14 and to the extent permitted by law: neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or anticipated savings; and our total aggregate liability arising out of or related to the Platform and these Terms in any 12-month period will not exceed the greater of (a) the fees you paid us for the Platform in that 12-month period, or (b) AUD 100. These limitations reflect the allocation of risk between the parties and apply even if a limited remedy fails of its essential purpose. The liability cap and the exclusion of indirect and consequential loss above do not apply to your indemnity obligations under section 16, your breach of sections 5, 6 or 12, amounts you owe us for the Platform, or any liability that cannot be limited under applicable law.
16. Indemnity
To the extent permitted by law, you will indemnify and hold harmless EventCheck against claims, liabilities, losses and costs (including reasonable legal costs) arising from: (a) your Customer Data or your communications (including SMS) and any breach of section 5, 6 or 7; (b) your or your Authorised Users' breach of these Terms or applicable law; or (c) your reliance on the Platform for emergency, medical or safety-critical purposes contrary to section 9. This indemnity also extends to any claim by a third party or End Recipient, and any investigation, penalty or complaint by a regulator (including under the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth) or the Australian Consumer Law), arising out of your event, your Customer Data, your instructions, or your or your Authorised Users' use of the Platform.
17. Suspension and termination
You may stop using the Platform and close your account at any time by contacting support@eventcheck.io (and any applicable subscription terms apply). We may suspend or terminate access, with or without notice, if you breach these Terms, if required for security, legal or operational reasons, or for non-payment. On termination, your licence to use the Platform ends, and we will handle Customer Data as set out in the Data Processing Addendum (including, on request and within the period stated there, returning or deleting it, subject to records we are required or entitled to retain). Sections that by their nature should survive (including 5, 9, 12, 13, 14, 15, 16 and 18) survive termination. We are not liable to you or any third party for any suspension, termination or downgrade made in accordance with these Terms.
18. Governing law and disputes
These Terms are governed by the laws of Western Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia. Before commencing proceedings (except for urgent injunctive relief), the parties will attempt in good faith to resolve any dispute by negotiation.
19. Changes and general
We may update these Terms from time to time and will post the updated Terms with a new date; where changes are material we will take reasonable steps to notify you, and your continued use after the changes take effect constitutes acceptance. These Terms (with the incorporated Privacy Policy and any order form) are the entire agreement about the Platform and supersede prior agreements on that subject. You may not assign these Terms without our consent; we may assign them in connection with a sale of the business or assets. Except for payment obligations, neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including failures of utilities, telecommunications, carriers or cloud/hosting providers, internet outages, cyber-attacks, epidemics or pandemics, natural disasters, or government action. We may give notices via the Platform or to your registered email/phone; notices to us go to bailey@eventcheck.io. If any provision is unenforceable, the rest remains in effect; a delay in enforcing a right is not a waiver. The parties are independent contractors.
20. Contact
EventCheck - operated by RANDAZZO, BAILEY FITZGERALD (sole trader), ABN 29 982 442 983
Email: bailey@eventcheck.io