Customer Terms of Service

Version 2026-10-03 · Effective 3 October 2026

These Customer Terms of Service (“Terms”) form a legally binding contract between Mizar Australia Pty Ltd (ABN 46 632 934 868) (“Mizar”, “OverOut”, “we”, “us”) and the sporting organisation, club, academy, or coaching business named during registration (“Organisation”, “you”).

1. Structure and Authority

1.1 Agreement: These Terms govern your access to and use of the OverOut platform (overout.live). By clicking to accept these Terms, signing up for an account, or using OverOut, you agree to be bound by these Terms, our Privacy Policy (overout.live/privacy), and our Data Processing Protocols set out herein.

1.2 Authority: The individual accepting these Terms represents and warrants that they have full legal authority to bind the Organisation. That individual becomes the Organisation’s initial Organisation Administrator (“Org Admin”).

1.3 Precedence: If there is any inconsistency between these Terms and the Privacy Policy, these Terms prevail to the extent of the inconsistency.

2. The Platform & Scope of Service

2.1 SaaS Licence: Subject to compliance with these Terms, Mizar grants the Organisation a non-exclusive, non-transferable, revocable licence during the Term to access and use the OverOut web application solely for managing sports coaching rosters, session attendance, safeguarding holds, and family communications.

2.2 User Accounts & Access: Org Admins may invite coaches and families to access OverOut. Each user must access OverOut via their designated single-use email authentication links. The Organisation is solely responsible for all activities conducted under its user accounts.

2.3 Acceptable Use: The Organisation must not, and must ensure its staff do not:

(a) Use OverOut for any unlawful purpose, child exploitation, harassment, or in breach of statutory Child Safe Standards;
(b) Circumvent, disable, or tamper with security features, tenant isolation, or access controls;
(c) Upload false, defamatory, or unlawful material;
(d) Use OverOut’s messaging or broadcast systems to send commercial electronic messages or promotional advertising in breach of the Spam Act 2003 (Cth).

3. Free Trial & Onboarding

3.1 14-Day Trial: New Organisations receive a 14-day free trial commencing on account creation. No payment method or credit card is required to initiate the trial.

3.2 Trial Expiry: If the Organisation does not subscribe to a paid billing plan prior to the expiry of the 14-day trial, the Organisation’s account automatically transitions into Restricted Mode under Clause 5.2. No charges will be incurred.

4. Billing, Fees & Taxes

4.1 Billing Mechanism: Subscriptions are billed automatically through Stripe. Billing is charged weekly in advance at 12:00 PM (local timezone of the Organisation) each Sunday for the upcoming Active Week.

4.2 Active Weeks: An “Active Week” is any calendar week in which the Organisation has one or more published, active coaching seasons that have not ended, excluding weeks in which every day of the Organisation’s seasons falls within organisation-wide breaks declared before the week began. Billing automatically pauses during inactive seasonal periods.

4.3 Pricing Structure: Fees are calculated based on:

(a) The applicable Student Band (a flat weekly rate determined by the highest count of students with a confirmed place in the season to date); and
(b) Coach Seats for each active coach beyond the first coach.

Current pricing tiers are published at overout.live/pricing and are inclusive of Australian Goods and Services Tax (GST) unless expressly stated otherwise.

4.4 Price Variations: Mizar may modify subscription fees by providing at least thirty (30) calendar days’ written notice by email to Org Admins. Changes take effect from the first billing cycle following the 30-day notice period.

4.5 Refunds: Except as mandated by non-excludable statutory rights under the Australian Consumer Law, all fees paid are non-refundable.

5. Non-Payment & Restricted Mode

5.1 Grace Period: If a weekly payment debit fails, Mizar will notify the Org Admin by email. The Organisation has seven (7) calendar days from the date of the failed payment to settle the outstanding balance or update its payment method.

5.2 Restricted Mode: If payment remains outstanding after seven (7) calendar days, the Organisation transitions to Restricted Mode:

(a) Paused Functions: Publishing seasons, roster changes, accepting families who asked to join, and issuing invitations to families and staff are suspended.
(b) Preserved Safety Functions: In the interests of child safety and operational welfare, existing coaches and parents retain access to session attendance logs, existing messages, session cancellation functions, and Safeguarding Holds.
(c) No Waiver: The continued availability of safety functions during Restricted Mode does not constitute a waiver of any unpaid fees.

5.3 Termination for Non-Payment: If fees remain outstanding thirty (30) calendar days after initial payment failure, Mizar may terminate these Terms immediately upon written notice under Clause 11.2.

6. Cancellation

6.1 Voluntary Cancellation: An Org Admin may cancel the Organisation's subscription at any time via the Stripe billing portal. Cancellation takes effect at the conclusion of the currently billed Active Week.

6.2 Post-Cancellation Access: Following cancellation, the account transitions to Restricted Mode until formally closed or deleted under Clause 11.

7. Child Safety, WWCC & Compliance Warranties

7.1 Non-Delegable Child Safety Duty: The Organisation acknowledges that it retains sole and non-delegable legal responsibility for the care, supervision, physical safety, and safeguarding of all participants under applicable State and Territory Child Safe Standards and Reportable Conduct Schemes.

7.2 Working With Children Checks (WWCC):

(a) The Organisation warrants that every individual granted coach or administrator access holds a valid, current Working With Children Check (or equivalent state-based child-related employment screening).
(b) The Organisation warrants that an Org Admin has independently verified the validity, currency, and category (employee/volunteer) of each check directly against the relevant statutory state or territory registry database prior to granting access.
(c) Platform Disclaimer: OverOut is an administrative recording tool, not an accredited child screening agency. OverOut does not verify check details against government registries. Automated reminders and coaching blocks are contingent entirely upon information entered by the Organisation.

7.3 Workplace Surveillance Compliance: OverOut keeps an immutable record of each time a user is shown a child’s information: their Student Profile, a session’s attendance list, the Organisation’s list of students, and, for a parent, their child’s history and data download. The Organisation warrants that prior to issuing an account to any employee, volunteer, or contractor in New South Wales, the Australian Capital Territory, or any jurisdiction with workplace surveillance laws, it has issued all mandatory written surveillance notices required by the Workplace Surveillance Act 2005 (NSW), the Workplace Privacy Act 2011 (ACT), or other applicable legislation.

7.4 Lawful Collection & Consents: The Organisation warrants that it has lawful authority to collect and enter all participant data into OverOut, and that it has provided all necessary APP 5 collection notices to parents and participants.

8. Privacy, Data Protection & APP Compliance

8.1 Joint APP Entities: Both Mizar and the Organisation hold personal information entered into OverOut and are independently subject to the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Mizar is opting into the Privacy Act under section 6EA, so that the Australian Privacy Principles bind it.

8.2 Permitted Purpose: Mizar shall process personal information solely to provide, maintain, and secure the OverOut platform in accordance with its Privacy Policy, and as required or authorised by Australian law.

8.3 Data Architecture & Security: Mizar maintains the primary production database in Sydney, Australia, with database-enforced multi-tenant isolation, encryption in transit, and encryption at rest.

8.4 International Transfers: The Organisation acknowledges and agrees that certain cloud infrastructure sub-processors (including Vercel Inc., Resend Inc., and Stripe Inc.) process network routing, transactional emails, and payments through server networks located in the United States and other global regions under those providers’ data protection terms.

8.5 Handling APP 12 (Access) and APP 13 (Correction) Requests:

(a) The Organisation is responsible for handling and responding to substantive access and correction requests concerning coaching notes, student levels, and attendance.
(b) Mizar provides automated data download tools to enable parents to export their child’s records directly.
(c) Where a participant aged 15 to 17 directly exercises statutory privacy rights, Mizar and the Organisation shall cooperate in good faith to verify identity and action the request in compliance with OAIC guidelines.

8.6 View Logs: Mizar retains immutable logs of user views of children's profiles for twenty-four (24) months for audit, security, and child protection investigative purposes.

9. Notifiable Data Breaches (s 26WJ Protocol)

9.1 Mutual Notification: Each party shall notify the other in writing immediately (and in any event within twelve (12) hours) upon becoming aware of any actual or suspected data breach involving personal information held in OverOut.

9.2 Joint Breach Allocation under Section 26WJ: Pursuant to section 26WJ of the Privacy Act 1988 (Cth), where an eligible data breach affects personal information held jointly by Mizar and the Organisation:

(a) The Organisation authorizes Mizar to lead the technical containment, forensic investigation, and regulatory assessment under section 26WH.
(b) Mizar shall provide its draft assessment, OAIC notification statement, and parent communication to the Organisation’s Org Admin.
(c) The Organisation shall have twenty-four (24) hours to provide reasonable comments.
(d) Mizar is authorized to submit the joint notification to the OAIC and issue notifications to affected individuals on behalf of both entities. This relieves the Organisation of its independent duty to notify under section 26WJ(2).

10. Safeguarding Holds & Historical Records

10.1 Safeguarding Holds: An Org Admin or Mizar may place a Safeguarding Hold on a child's record or conversation thread in connection with an allegation, dispute, complaint, or child protection investigation.

10.2 Override of Erasure: While a Safeguarding Hold is active, the affected records cannot be deleted or erased through parent requests, account deletions, or automated retention sweeps. Coaching continues: new attendance, notes and messages can still be added, and no one can edit or delete a message.

10.3 Post-Hold Grace Buffer: Upon the formal lifting of a Safeguarding Hold, the affected records shall not be immediately purged, but shall be subject to a mandatory thirty (30) day cooling-off buffer before reverting to standard retention schedules.

11. Termination & Post-Termination Data Handling

11.1 Voluntary Termination: The Organisation may terminate these Terms by cancelling its subscription under Clause 6 and requesting account closure.

11.2 Termination by Mizar: Mizar may terminate these Terms immediately upon written notice if:

(a) The Organisation fails to remedy an outstanding fee within thirty (30) days of a failed payment (Clause 5.3);
(b) The Organisation commits a material breach of these Terms which is incapable of remedy, or fails to remedy a remediable breach within fourteen (14) days of notice;
(c) The Organisation breaches child safety warranties under Clause 7.

11.3 Data Export Period: For thirty (30) calendar days following termination, an Org Admin may request a machine-readable export (JSON/CSV) of the Organisation’s roster, student records, and attendance data, which Mizar shall provide within ten (10) business days.

11.4 Data Deletion: Following the expiry of the 30-day export window, Mizar shall permanently delete or de-identify the Organisation’s data within ninety (90) days, except for:

(a) Records subject to an active Safeguarding Hold (retained until formally resolved);
(b) Financial and taxation records (retained for 5 years pursuant to s 262A of the Income Tax Assessment Act 1936); and
(c) Aggregated session metrics retained in anonymous form.

11.5 Survival: Clauses 7, 8, 9, 10, 11, 13, and 14 survive termination.

12. Service Levels & Support

12.1 Operational Target: Mizar will use reasonable commercial endeavours to maintain 99.5% platform availability during each calendar month, excluding planned scheduled maintenance. Mizar does not warrant that OverOut will be uninterrupted, error-free, or compatible with all hardware.

12.2 Support: Standard technical support is provided via email at hello@overout.live during business days in the State of Victoria (9:00 to 17:00 AEST/AEDT, excluding Victorian public holidays).

13. Intellectual Property Rights

13.1 Platform IP: Mizar retains all right, title, and interest (including copyright, trademarks, software code, and database architecture) in and to OverOut.

13.2 Customer Data: The Organisation retains ownership of all data, rosters, and content it submits to OverOut. The Organisation grants Mizar a worldwide, royalty-free licence to host, display, copy, and process such data solely to operate the platform and perform its obligations.

13.3 Feedback: Any suggestions, feature requests, or feedback provided by the Organisation may be implemented by Mizar without compensation or attribution.

14. Limitation of Liability & ACL Guarantees

14.1 Statutory Consumer Guarantees: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded.

14.2 Resupply Remedy: Where section 64A of the ACL permits, Mizar’s liability for breach of a non-excludable statutory guarantee is limited, at Mizar’s option, to:

(a) Supplying the services again; or
(b) Paying the cost of having the services supplied again.

14.3 Exclusion of Consequential Loss: Neither party shall be liable to the other for any indirect, incidental, special, punitive, or consequential loss, loss of profit, loss of revenue, loss of business reputation, or loss of anticipated savings.

14.4 General Liability Cap: Subject to Clauses 14.1, 14.3, and 14.5, each party’s aggregate liability arising out of or in connection with these Terms (whether in contract, tort including negligence, statute, or otherwise) is strictly limited to the total fees paid by the Organisation to Mizar in the twelve (12) months preceding the incident, or AUD $500, whichever is greater.

14.5 Data Protection Super-Cap: Each party’s total aggregate liability for any breach of Clause 8 (Privacy) or Clause 9 (Data Breaches) is capped at AUD $25,000, or three times (3×) the fees paid in the preceding 12 months, whichever is greater.

14.6 Uncapped Matters: The limitations in Clauses 14.3, 14.4, and 14.5 do not apply to liability arising from:

(a) A party’s breach of its confidentiality obligations;
(b) Fraud, criminal conduct, wilful misconduct, or gross negligence;
(c) A breach by the Organisation of the child safety warranties in Clause 7.

15. Variations to Terms

15.1 Notice of Changes: Mizar may update or vary these Terms from time to time. Mizar will provide at least thirty (30) calendar days’ written notice by email to Org Admins prior to any material change taking effect.

15.2 Right to Terminate: If the Organisation does not agree to a proposed variation, the Organisation may terminate these Terms without penalty prior to the effective date of the variation by giving written notice and closing its account. Continued use of OverOut following the 30-day notice period constitutes constructive acceptance of the revised Terms.

16. General Provisions

16.1 Governing Law & Jurisdiction: These Terms are governed by the laws of the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

16.2 Notices: Legal and operational notices must be sent by email to hello@overout.live (or privacy@mizar.com.au for privacy matters) for Mizar, and to the Org Admin’s primary account email for the Organisation.

16.3 Severability: If any provision of these Terms is determined to be void, illegal, or unenforceable, that provision is severed and the remainder continues in full force.

16.4 Entire Agreement: These Terms, together with the Privacy Policy, constitute the complete agreement between the parties concerning OverOut, superseding all prior representations, negotiations, or understandings.

16.5 Assignment: The Organisation may not assign or transfer its rights under these Terms without Mizar’s prior written consent. Mizar may assign its rights to a purchaser of its business or corporate restructure upon written notice to the Organisation.