Terms of Service

1. About these terms

These Terms of Service (“Terms”) are a legal agreement between you and Mysttro Pty Ltd (ACN 700 192 696, ABN 32 700 192 696) (“we”, “us”, “our”). They govern your access to and use of the Mysttro platform at mysttro.com and any related mobile applications (together, the “Service”).

We’ve written these terms in plain English because we want you to actually read them. Where a provision has a specific legal meaning, we’ve tried to explain it clearly. If anything is unclear, please contact us at hello@mysttro.com.

By creating an account or using the Service, you agree to these Terms. If you do not agree, please do not use Mysttro.

Important: Nothing in these terms excludes, restricts or modifies any consumer guarantee under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other right or remedy you may have under that law. If our services come with guarantees that cannot be excluded under the Australian Consumer Law, our liability for a failure to comply with any such guarantee is limited as permitted under that law.

2. Your account

Eligibility

To use Mysttro you must be at least 18 years old, or, if you are under 18, you must have the authorisation of your employer or production company to use the Service in connection with your engagement on a production. By creating an account you represent that you meet these requirements.

Account security

You are responsible for keeping your login credentials secure. Use a strong, unique password and do not share your account with anyone. If you believe your account has been compromised, contact us immediately at hello@mysttro.com.

You are responsible for all activity that occurs under your account. We are not liable for any loss arising from unauthorised use of your account where you have failed to keep your credentials secure.

One account per person

Each person should maintain only one Mysttro account. You may be a member of multiple productions through a single account. Do not create multiple accounts to circumvent account restrictions or usage limits.

3. The service

What Mysttro provides

Mysttro is a production management platform for live theatre and performing arts. It helps production teams manage schedules, rosters, cast changes, notices, sign-ins, safety reports, leave requests, and internal communications for their shows. It is designed for the Australian live performance industry.

Service availability

We aim to keep Mysttro available and reliable, but we do not guarantee that access will be uninterrupted or without errors. From time to time the Service may be unavailable due to maintenance, updates, or circumstances beyond our reasonable control. We will make reasonable efforts to notify you of planned downtime in advance where practicable.

Updates and changes to features

We are actively developing Mysttro and may add, modify, or remove features over time. We will endeavour to give you reasonable notice of changes that materially affect how you use the Service. We will not remove core functionality that you are paying for without offering a reasonable alternative or adjustment.

4. Pricing and payment

Plans and fees

What you pay depends on the kind of production you run on Mysttro (for example a commercial production, an independent or school production, or a tertiary education licence) and on what it needs, such as how many weeks it runs and the size of its venues. Before your production goes live, the Service shows you a quote for its fees, which you accept. If your production is billed under an order form or written agreement with us instead, the fees in that agreement apply. You agree to pay the fees set out in your quote, order form or agreement.

Fees are paid by the production company or person who buys the licence, not by the cast and crew it invites.

If you add to your production later (for example more weeks, or a larger venue), we will show you the fee before you agree to it, either in the Service or in writing.

All fees are in Australian dollars (AUD) unless your quote, order form or agreement says otherwise.

How we bill

We bill by invoice, or by another payment method the Service offers when you buy. When your production goes live, we bill the fees in your quote, and we bill anything you add later in the same way. If you have an order form or written agreement with us, its billing terms (for example a monthly invoice) apply instead. Invoices are payable by the due date shown on them.

Weeks your licence does not cover

Where your production is licensed by the week, the Service may hold a week that your licence does not cover (for example a week added after your production went live, or a week at a larger venue than your licence covers). Managers can still plan a held week, but for that week no published schedule, call sheet or notification goes out to your company, and sign-in does not run, until the week is covered. The Service shows what is needed to cover it. Safety and emergency features are never held.

If your production is billed under an order form or written agreement with us, that agreement decides how its weeks are covered. The Service does not hold its weeks unless that agreement says it may.

Price changes

We may change our prices from time to time. A price change does not alter a quote you have already accepted or an invoice we have already issued. If we increase the price of something you pay for on an ongoing basis (for example under a monthly agreement), we will give you at least 30 days’ written notice (via the email address associated with your account) before the new price takes effect. If you do not agree to the price change, you may cancel before the new price applies.

Cancellation

You may cancel at any time. Cancellation takes effect at the end of the period you have already paid for (the weeks or licence period on your invoice, or the current month of a monthly agreement), and your production keeps its access until then, except for a year-long licence (see Refunds below). We do not charge cancellation fees.

Refunds

Fees are generally non-refundable, except where required by law (including under the Australian Consumer Law) or where your order form or written agreement says otherwise. If you cancel a year-long licence part way through, it ends at the end of the current week and we refund the unused whole weeks pro rata at the price you paid.

GST

Mysttro Pty Ltd is registered for Goods and Services Tax (GST). Every price in a quote, order form or agreement says whether it includes GST or has GST added to it; if a price does not say, it includes GST. Where GST applies, we issue a tax invoice that shows the GST.

5. Your content and data

You own your data

Any content you upload, create, or store on Mysttro (“Your Content”) remains yours. We do not claim ownership of your schedules, rosters, notices, cast information, or any other data you put into the platform.

Licence you grant us

By using the Service, you grant us a limited, non-exclusive, worldwide licence, for which no royalty or other payment is due, to host, store, process, display, and transmit Your Content solely for the purpose of providing and improving the Service. This licence ends when you delete Your Content or close your account (subject to our data retention obligations below).

We do not sell your data

We do not sell, rent, or trade your personal information or Your Content to third parties. For full details on how we collect, use, and protect your data, please read our Privacy Policy.

Data handling on termination

If you close your account or we terminate it, you will have 30 days from the date of termination to request an export of Your Content. After 30 days, we will delete Your Content from our active systems. Some data may persist in encrypted backups for a limited period in accordance with our data retention policies and legal obligations.

6. Acceptable use

You agree to use Mysttro responsibly and lawfully. In particular, you must not:

• Use the Service for any purpose that is unlawful or prohibited by these Terms.
• Submit false or misleading safety reports. Safety reporting is a critical feature and misusing it undermines the safety of your colleagues.
• Harass, bully, threaten, or intimidate other users through the social or messaging features of the platform.
• Attempt to access, view, or modify data belonging to productions you are not a member of.
• Attempt to reverse-engineer, decompile, or otherwise extract the source code of the Service.
• Use automated tools (bots, scrapers, etc.) to access the Service without our prior written consent.
• Upload malicious software, viruses, or any code designed to disrupt the Service.
• Impersonate another person or misrepresent your affiliation with a production.

If you violate these rules, we may suspend or restrict your access to the Service. For serious or repeated breaches, we may terminate your account in accordance with Section 11. We will provide you with notice and an opportunity to address the issue where it is reasonable to do so, except in cases of serious misconduct where immediate action is warranted.

7. Production company responsibilities

Mysttro is a tool that helps production companies manage their operations. It is important to understand the following:

• Mysttro is not the employer, producer, or principal contractor. The production company (or relevant engaging entity) remains the employer of its cast and crew members. Mysttro does not create, mediate, or assume any employment or contractor relationship.
• Work health and safety (WHS) obligations remain with the production company. While Mysttro provides tools to help manage safety reporting, using these features does not satisfy or replace a production company’s obligations under the Work Health and Safety Act 2011 (Cth) or equivalent state and territory legislation. Production companies must maintain their own WHS management systems.
• Mysttro is not a substitute for professional legal, HR, or safety advice. The tools and features provided are administrative in nature. Production companies should seek independent professional advice for legal, employment, and safety matters.

8. Intellectual property

Our intellectual property

Mysttro, including its software, design, branding, logos, and documentation, is owned by Mysttro Pty Ltd and is protected by Australian and international intellectual property laws. These Terms do not grant you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.

Your intellectual property

As stated in Section 5, you retain full ownership of Your Content. Nothing in these Terms transfers your intellectual property rights in Your Content to us.

Feedback

If you provide us with suggestions, ideas, or feedback about the Service, you grant us a non-exclusive, perpetual, irrevocable licence, for which no royalty or other payment is due, to use that feedback to improve the Service. You are under no obligation to provide feedback.

9. Limitation of liability

Consumer guarantees preserved: Nothing in this section excludes, restricts, or modifies any consumer guarantee under the Australian Consumer Law, or any other right or remedy you have under that law that cannot be excluded, restricted, or modified by agreement.

To the maximum extent permitted by law:

• Liability cap: Our total aggregate liability to you arising out of or in connection with these Terms or the Service (whether in contract, tort, under statute, or otherwise) is limited to the greater of: (a) the total fees you have paid to us in the 12 months immediately preceding the event giving rise to the claim; or (b) AUD $100.
• Exclusion of consequential loss: We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunity, loss of revenue, or business interruption, however caused and regardless of the theory of liability.
• Service provided “as is”: To the maximum extent permitted by law and except as expressly provided in these Terms, the Service is provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the reliability, accuracy, or completeness of the Service.

This clause does not apply to liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, fraud, or any liability arising under the Australian Consumer Law that cannot be excluded.

10. Indemnification

You agree to indemnify and hold harmless Mysttro Pty Ltd, its directors, officers, and employees from and against any reasonable claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms.
• Your misuse of the Service, including the submission of false safety reports or the harassment of other users.
• Your Content, including any claim that Your Content infringes the intellectual property or other rights of a third party.
• Your violation of any applicable law or regulation in connection with your use of the Service.

This indemnity is limited to matters within your reasonable control and does not apply to the extent that a claim arises from our own negligence, wilful misconduct, or breach of these Terms.

11. Termination

Termination by you

You may close your account at any time by contacting us at hello@mysttro.com or through the account settings in the Service (when available). Closing your own account does not cancel a production’s licence; Section 4 covers cancelling a licence.

Termination by us

We may terminate or suspend your account if:

• You materially breach these Terms and fail to remedy the breach within 14 days of us notifying you.
• You commit a serious breach (such as fraud, illegal activity, or sustained harassment) that warrants immediate termination without a cure period.
• We are required to do so by law or by a government authority.

We may also terminate your account for convenience with 30 days’ written notice.

Effect of termination

On termination of your account:

• Your right to access the Service ends immediately.
• You have 30 days to request an export of Your Content (see Section 5).
• Any outstanding fees remain due and payable.
• Sections that by their nature should survive termination will continue to apply, including Sections 5 (Your content and data), 8 (Intellectual property), 9 (Limitation of liability), 10 (Indemnification), and 13 (General).

12. Changes to these terms

We may update these Terms from time to time. For material changes, we will give you at least 30 days’ notice via the email address associated with your account before the changes take effect. We will also update the “Last updated” date at the top of this page.

For non-material changes (such as clarifications or formatting), we may update these Terms without prior notice.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you should stop using the Service and close your account before the changes take effect.

13. General

Governing law

These Terms are governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law principles.

Jurisdiction

You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, for the resolution of any dispute arising out of or in connection with these Terms or the Service.

Entire agreement

These Terms, together with our Privacy Policy and any quote you accept, order form or written agreement you have with us, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, and representations.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.

No waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.

14. Contact us

If you have any questions about these Terms, please contact us:

• Email: hello@mysttro.com
• Entity: Mysttro Pty Ltd (ACN 700 192 696, ABN 32 700 192 696)
• Website: mysttro.com