RoadFootage

Terms of Use

Last updated: 30th April 2026

Important Notice: Your Statutory Rights

Nothing in these Terms is intended to exclude, restrict, or modify any non-excludable statutory rights or remedies you may have under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, or any other relevant State or Federal legislation. Where our liability cannot be excluded by law, it is limited to the maximum extent permitted by that legislation.

Section 1: Introduction and Eligibility

1.1 The Agreement

These Terms of Use (“Terms”) form a binding legal agreement between you (“User”) and Sean McCullough, trading as RoadFootage. By accessing the platform at roadfootage.com.au, you agree to these Terms and our Privacy Policy.

1.2 Eligibility

The platform is designed for users who are at least 16 years of age. By creating an account or uploading content, you warrant (legally promise) that:

  • You are at least 16 years old.
  • The platform is not intended for use by minors under the age of 16.
  • You are providing accurate information during registration.
  • You are not currently banned from the platform or attempting to evade a previous ban.

We rely on your self-certification regarding your age and identity to protect user privacy and do not currently verify government-issued identification unless required by law.

1.3 Australian Consumer Law

As an Australian-based service, we comply with the Australian Consumer Law (ACL). If you are a consumer under the ACL, our services come with guarantees that cannot be excluded. Any provision in these Terms that contradicts these mandatory laws is void to the extent of that contradiction.

1.4 Geographic Scope and Intended Audience

RoadFootage is an Australian-owned and operated platform.

  • Target Audience: The platform and its services are intended strictly for users located within Australia.
  • Content Restriction: All files uploaded to the platform must depict events occurring exclusively on public roads and thoroughfares within the Commonwealth of Australia.
  • International Users: RoadFootage does not target, market to, or intend to provide services to individuals located outside of Australia.
  • Access at Own Risk: If you access the platform from outside Australia, you do so on your own initiative and are solely responsible for compliance with your local laws and regulations.
  • Disclaimer of International Law: By using the platform, you acknowledge that RoadFootage is not designed to comply with international privacy or data protection frameworks (such as the GDPR) and you waive any rights you may have under such frameworks to the maximum extent permitted by law.

Section 2: Responsible Use and Anti-Scraping

2.1 Prohibited Conduct

RoadFootage is a specialized marketplace, not a social media platform or a public data repository. You agree not to:

  • Use the platform for any unlawful purpose or in violation of Australian State or Federal laws.
  • Harass, defame, or “dox” any individual identified in the footage.
  • Interfere with the security-related features of the platform, including those provided by our cloud and IT providers.

2.2 Automated Access and AI Scraping

To protect the integrity of our users’ data and the commercial value of our marketplace, automated access is strictly controlled:

  • Bots and Scraping: The automated downloading, “scraping,” or harvesting of media files (files), metadata, or incident reports is strictly prohibited.
  • AI Training: You may not use any content from RoadFootage to train, fine-tune, or develop artificial intelligence or machine learning models without an express partner agreement.
  • Permitted Exceptions:
    • Search Indexing: Legitimate web search engines (e.g., Google, Bing) may crawl the site for the sole purpose of creating a searchable index for discovery.
    • LLM Summarization: Large Language Models (LLMs) may access the site to describe or summarize the platform’s functions in a non-disparaging manner, provided they do not extract or store raw incident data or media.
    • Authorized Partners: Business-to-Business (B2B) partners with a signed data sharing agreement may access data via authorized endpoints.

Section 3: Content Standards and Safety

3.1 Permitted Content

RoadFootage is a specialized marketplace designed for the discovery and sharing of dashcam and road-related media. By uploading any content, you agree to the following standards and certifications:

  • Subject Matter: All uploaded files (including videos and photos) must exclusively depict road-related incidents, traffic conditions, or events occurring on or near public roads.
  • Certification of Rights and Consent: By uploading content, you certify and warrant that you possess all necessary legal rights and permissions to record, store, and share all data categories contained within the file. This includes, but is not limited to:
    1. Visual images and video footage.
    2. Audio recordings and voices.
    3. Technical metadata, such as geolocation (GPS coordinates), temporal data (timestamps), and device identifiers.
  • Privacy and Legality: You warrant that the media was recorded either:
    1. In a space or circumstance where there is no reasonable expectation of privacy (such as a public road or thoroughfare); or
    2. Where you have obtained the express, informed consent of all identifiable individuals depicted or recorded to share their data on this platform.
  • Malicious Content: You must not upload any files that contain malware, viruses, ransomware, trojans, or any other malicious code designed to interrupt, destroy, or limit the functionality of the RoadFootage platform, its API, or other users’ systems.

3.2 Textual Content and Descriptions

Users may provide descriptions, locations, and other textual details when submitting an Incident Report. Regarding this content:

  • Accuracy and Conduct: You warrant that textual descriptions are accurate to the best of your knowledge and do not contain hate speech, illegal content, or defamatory statements.
  • Moderation Rights: RoadFootage reserves the right to edit, truncate, or delete textual content that is deemed inaccurate, inflammatory, or in violation of these Terms.
  • Privacy: You must not include the personal names, phone numbers, or residential addresses of third parties within the public text description of an Incident Report.

Section 4: Account Credits and Transactions

4.1 Nature of Credits

RoadFootage uses a credit-based system for certain platform actions, such as purchasing footage or fulfilling bounties.

  • No Cash Value: Credits are functional utility tokens used strictly within the platform and cannot be redeemed for cash, transferred to other users, or used outside of RoadFootage.
  • No Expiration: Credits do not expire based on time or account inactivity.
  • Forfeiture: If you choose to delete your account, any remaining credit balance is immediately forfeited and cannot be recovered, transferred, or cashed out.

4.2 Discretionary Adjustments

RoadFootage reserves the right to adjust your credit balance at its sole discretion. This is typically done to:

  • Correct technical errors or processing glitches.
  • Reverse credits earned through fraudulent activity or a violation of these Terms.
  • Address disputes regarding the quality or relevance of uploaded footage.

Section 5: Uploader Rights and Warranties

5.1 Comprehensive License Grant

By uploading files (videos or photos) to RoadFootage, you grant Sean McCullough (trading as RoadFootage) a non-exclusive, royalty-free, worldwide, and perpetual license to:

  • Modify and Edit: We may edit, crop, or modify your media in any way we see fit. This includes, but is not limited to, the removal of metadata (EXIF, GPS, etc.) to protect privacy or reduce file size, and the application of watermarks, branding, or informational overlays.
  • Promotional Use: You grant us the right to use your uploaded content (or portions of it) in promotional media, advertisements, social media content, and video compilations to promote the RoadFootage brand and services.
  • Redistribution: We may redistribute the footage through our marketplace to third-party purchasers or partners under the terms of our Media License Agreement or Data Sharing Agreements.

5.2 Uploader Warranties

By uploading any files (including videos, photos, and associated metadata), you warrant and represent that:

  • Ownership and Authority: You are the sole and lawful owner of the copyright in the Content, or you have obtained the express, written consent of the lawful copyright owner to upload, share, and license the Content on the RoadFootage platform.
  • Grant of License: You have the full legal right and authority to grant the non-exclusive, perpetual, and worldwide license to RoadFootage as described in Section 5.1.
  • Legal Compliance: The recording of the Content did not violate any Australian State or Federal laws, including but not limited to the Surveillance Devices Act (in the relevant jurisdiction) or any applicable privacy legislation.
  • No Infringement: To the best of your knowledge, the Content does not infringe upon the intellectual property rights, privacy rights, or moral rights of any third party.
  • Accuracy of Claims: Any textual descriptions or incident reports associated with the Content are truthful, accurate, and made in good faith.
  • Malicious Content: The files are free from any viruses, malware, or code designed to damage or disrupt the platform’s API or server infrastructure.

5.3 The Bounty Process

Users may post an “Inquiry” or “Bounty” to request footage of a specific time, date, and location.

  • Funding: To post a bounty, the requesting user must offer a defined value in credits, which must meet or exceed the platform’s minimum base fee.
  • No Guarantee: RoadFootage does not guarantee that a bounty will be fulfilled or that any uploaded footage will meet the specific requirements of the requester.

5.4 Uploader Obligations for Bounties

If you upload footage to fulfill a bounty, you acknowledge that:

  • Mandatory Unredacted Access: Unlike standard uploads, bounty fulfillment requires you to provide the unredacted version of the file, including all technical metadata. The redaction toggle is not available for bounty submissions.
  • Verification: RoadFootage staff may review the footage to ensure it matches the details of the inquiry before credits are released.

5.5 Revenue and Fees

  • RoadFootage Commission: Our service fee is calculated as a fixed percentage of the original, total amount of credits or monies involved in the transaction (such as the total Bounty value or Media Purchase price).
  • Taxable Amounts: Any applicable taxes, levies, or duties required by law—including, but not limited to, Goods and Services Tax (GST) in Australia—will be subtracted from the Uploader’s share of the credits or monies.
  • Uploader Share: The final amount allocated to the Uploader will be the balance remaining after the RoadFootage commission and any applicable taxable amounts have been deducted.
  • Finality: Once credits or monies have been transferred to an Uploader following a successful Bounty fulfillment or Media Purchase, the transaction is final and non-refundable.
  • Exceptions: We reserve the right to reverse or adjust a transaction only in documented cases of technical error, proven fraud, or a significant violation of these Terms.

Section 6: Disclaimers and Limitation of Liability

6.1 “As-Is” Service and AI Processing

RoadFootage utilizes advanced automated technologies, including Large Video-Language Models (LVLMs) and automated redaction tools. You acknowledge that:

  • Accuracy: We make no guarantee regarding the 100% accuracy of automated transcriptions, search results, or AI-driven redactions (such as obscuring faces or license plates).
  • Moderation: Any opinions expressed or actions taken by staff members or platform moderators during the review process are subjective and do not constitute a legal guarantee.

6.2 Third-Party Claims

RoadFootage is a facilitator for the exchange of information. We make no guarantee and accept no liability for:

  • Uploader Claims: The truthfulness or accuracy of any descriptions or claims made by users in their incident reports.
  • Downstream Usage: Once a download or purchase is complete, RoadFootage is not responsible for how the purchaser utilizes the footage. Any legal issues arising from the use of downloaded footage (such as privacy disputes or defamation) are the sole responsibility of the purchaser.

Section 7: Service Availability and Data Integrity

7.1 Service Availability and “As-Is” Basis

RoadFootage is an early-stage, bootstrapped platform provided on an “as-is” and “as-available” basis. While we aim to provide a high-quality experience, we make no guarantee that the platform will be:

  • Uninterrupted or available at any specific time or location.
  • Free from technical errors, bugs, or software glitches.
  • Compatible with all hardware or software configurations.

7.2 Security and Risk Disclaimer

We implement reasonable technical and organizational measures to protect your information, such as encryption of data in transit and secured at rest. We utilize industry-standard services, including Cloudflare for traffic routing and AWS for secure cloud storage.

However, you acknowledge that no method of transmission over the internet or electronic storage is completely secure. By using the platform, you agree that:

  • We do not warrant or guarantee that the platform is invulnerable to unauthorized access, hacking, data breaches, or cyber-attacks.
  • You provide your personal information and files (media) at your own risk.
  • Our liability for any security incident is limited to the maximum extent permitted under the Australian Consumer Law.

7.3 Data Integrity and Risk of Loss

You acknowledge that you are the primary custodian of your original footage. RoadFootage functions as an evidence-sharing marketplace and is not intended to be used as a long-term cloud storage or backup service.

  • Irreversible Loss: In the event of a critical server failure, database corruption, or other technical error, your data (including files, Incident Reports, and account history) may be lost irreversibly.
  • No Liability for Loss: RoadFootage and its founder accept no liability for the loss, corruption, or deletion of any content uploaded to the platform.
  • User Responsibility: We strongly recommend that you maintain your own independent backups of any footage or data you upload to the platform.
  • Retention: We reserve the right to delete data that is no longer required for our operational purposes, subject to the retention requirements outlined in our Privacy Policy.

Section 8: General Provisions

8.1 Severability

If any part of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction (such as a court in Queensland), that specific provision will be:

  • Limited or eliminated to the minimum extent necessary.
  • Replaced with a valid provision that best embodies the original intent of the clause.

The remaining provisions of these Terms will continue in full force and effect. Your continued use of the platform constitutes acceptance of the remaining valid terms.

8.2 Governing Law

These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts in that State for the resolution of any disputes arising from or related to these Terms or your use of RoadFootage.

8.3 Entire Agreement

These Terms, along with the RoadFootage Privacy Policy and any applicable Data Sharing Agreement, constitute the entire agreement between you and RoadFootage regarding your use of the platform. They supersede all prior agreements or understandings, whether written or oral.

8.4 Force Majeure

RoadFootage is not liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control. This includes, but is not limited to:

  • Infrastructure Failures: Outages affecting our third-party service providers, such as AWS (cloud storage) or Cloudflare (security/routing).
  • Connectivity Issues: Widespread internet service provider (ISP) failures or damage to subsea telecommunications cables.
  • Natural Disasters: Acts of God, fires, floods, or extreme weather events affecting our base of operations in Queensland.
  • Legal or Regulatory Changes: Government actions, new legislation, or court orders that make the platform’s operation impossible or illegal.

In such events, our obligations are suspended for the duration of the event, and we are not liable for any resulting data loss or platform downtime.

Section 9: Takedown Notices and Intellectual Property Disputes

As a platform hosting user-generated media, we respect the intellectual property rights of others.

  • Takedown Requests: If you believe that any content on RoadFootage infringes upon your copyright, you may submit a formal Takedown Notice via our dedicated form.
  • Requirements: Because these are formal legal notices, we require your full name, contact details, evidence of your authority to act on behalf of the copyright owner, and the specific URL of the allegedly infringing content.
  • Processing: We will review all notices within a reasonable timeframe. Please note that content will not be removed automatically or immediately upon receipt of a notice; we reserve the right to investigate the validity of the claim to prevent fraudulent or automated abuse of the takedown system.
  • Repeat Infringers: We reserve the right to permanently ban users who are found to repeatedly upload content they do not own or have the rights to share.

Section 10: Termination of Use

10.1 Termination by You

You may stop using the platform at any time by deleting your account through your profile settings. Upon deletion:

  • Your personal profile data will be removed in accordance with our Privacy Policy.
  • Any remaining account credits will be forfeited immediately and are non-recoverable.
  • You acknowledge that purchased footage remains subject to the 30-Day Rule for the benefit of the purchaser.

10.2 Termination by RoadFootage

We reserve the right to suspend or terminate your access to the platform at our sole discretion, without notice, for conduct that we believe violates these Terms, is harmful to other users, or is detrimental to the RoadFootage brand.

  • Ban Evasion: If your account is suspended or banned, you are strictly prohibited from creating a new account to evade the restriction.
  • Credit Forfeiture: Termination of an account for a breach of these Terms results in the immediate forfeiture of all account credits without compensation.

11.1 Independent Third Parties

The RoadFootage platform and website may contain links to third-party websites, advertisers, services, or special offers that are not owned or controlled by RoadFootage. This includes, but is not limited to, links to insurance providers, legal services, or external news media.

11.2 No Endorsement or Liability

RoadFootage does not endorse, monitor, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that:

  • RoadFootage is not liable for any loss or damage of any sort incurred as the result of your dealings with third-party advertisers or services.
  • Any information you provide to a third-party site is governed by that party’s specific terms and privacy policy, not ours.
  • While we use trusted infrastructure providers such as Auth0, AWS, and Cloudflare, your interaction with their respective independent platforms is subject to their own legal terms.

11.3 User Discretion

If you access a third-party website from RoadFootage, you do so at your own risk. We strongly encourage you to read the terms and conditions and privacy policies of any third-party website or service that you visit.

Section 12: Assignment and Change of Control

12.1 Right to Assign

RoadFootage is currently operated as a sole proprietorship by Sean McCullough. You agree that RoadFootage may, at its sole discretion and without providing notice or seeking further consent, assign or transfer:

  • These Terms of Use and the Privacy Policy in their entirety.
  • All rights, licenses, and warranties granted by you in relation to files (including videos, photos, and metadata).
  • All user account data, credits, and platform history.

12.2 Successor Entities

This transfer may occur in the event of:

  • Incorporation.
  • A merger, acquisition, or sale of the platform’s assets to a third party.
  • Any other corporate restructuring designed to ensure the sustainability of the service.

12.3 Continuity of Agreement

Upon such a transfer, the successor entity will assume all rights and obligations of RoadFootage under these Terms. Your continued use of the platform after such a transfer constitutes your acceptance of the new contracting party.

Section 13: Dispute Resolution

13.1 Informal Resolution First

We prefer to resolve any concerns or disputes efficiently and through direct communication. Before filing any formal legal claim, you agree to attempt to resolve the dispute informally by contacting us through our Contact Form or provided support email. We will attempt to resolve the issue through a good-faith dialogue within 30 days of receiving your notice.

13.2 Mandatory Mediation

If we are unable to resolve the dispute informally within the 30-day period, you and RoadFootage agree that the dispute must be submitted to mediation before either party may commence litigation.

  • Location: The mediation will take place in Queensland, Australia, unless both parties agree otherwise.
  • Mediator: The mediator shall be a neutral third party agreed upon by both parties, or, if we cannot agree, a mediator appointed by the Queensland Law Society.
  • Language: The mediation will be conducted in English.

13.3 Costs of Dispute Resolution

  • Each party will be responsible for their own legal costs and expenses associated with the mediation.
  • The administrative fees of the mediation service and the mediator’s professional fees will be shared equally between you and RoadFootage, unless the mediator determines otherwise.

13.4 Exception for Urgent Relief

Nothing in this section prevents either party from seeking urgent interlocutory or injunctive relief (such as a temporary restraining order) from a court of competent jurisdiction in Queensland to protect their intellectual property or proprietary rights.

Section 14: User Account Responsibilities

14.1 Confidentiality of Credentials

You are solely responsible for maintaining the confidentiality and security of your account login credentials, including your username and password. You must not disclose your credentials to any third party. By using the platform, you acknowledge that you are responsible for all activities that occur under your account, whether or not you authorized those actions.

14.2 Unauthorized Use and Notification

You agree to notify RoadFootage immediately via our Contact Form or provided support email if you become aware of any:

  • Unauthorized access to or use of your account.
  • Loss, theft, or compromise of your login credentials.
  • Any other breach of security related to your use of the platform.

14.3 Use of Identity Providers

RoadFootage utilizes third-party identity providers, such as Auth0, to manage secure authentication and account access. Your use of these third-party services is subject to their own respective terms of service and privacy policies. RoadFootage is not responsible for any failures, downtime, or security incidents originating from these third-party providers.

14.4 Limitation of Liability for Account Breaches

To the maximum extent permitted by the Australian Consumer Law, RoadFootage will not be liable for any loss, damage, or unauthorized data access resulting from:

  • Your failure to keep your password or account details secure.
  • The use of weak or compromised passwords by you.
  • Your failure to implement two-factor authentication (if available) or other recommended security practices.

14.5 Account Transfers

Your account is personal to you and may not be sold, traded, or otherwise transferred to another person or entity without the express written consent of RoadFootage. Any attempt to do so will result in the immediate termination of the account and forfeiture of any associated credits.

Section 15: Content Moderation and Graphic Material

15.1 Exposure to Distressing Content

As a platform dedicated to road safety and the sharing of incident evidence, files may depict collisions, near-misses, or other events that are graphic, sensitive, or distressing in nature. By using RoadFootage, you acknowledge and accept the risk that you may be exposed to such content.

15.2 Right to Moderate and Label

RoadFootage reserves the right, but is not under a legal obligation, to monitor, review, or moderate files uploaded to the platform. At our sole discretion, we may:

  • Apply Content Warnings or “Sensitive Content” labels to specific media.
  • Obscure or blur specific frames that contain graphic imagery.
  • Restrict access to certain Incident Reports based on the severity of the depicted event.

15.3 Use of Automated Tools

You acknowledge that we may utilize automated systems, including Large Vision-Language Models (LVLMs), to identify and flag graphic or inappropriate content. While we strive for accuracy, these systems are not infallible, and RoadFootage does not warrant that all graphic content will be correctly identified or labeled.

15.4 No Liability for Distress

To the maximum extent permitted by the Australian Consumer Law, RoadFootage and its founder are not liable for any psychological distress, shock, or harm resulting from your viewing of files or Incident Reports hosted on the platform. We encourage users who find such material distressing to utilize the platform’s filtering tools or cease use of the service.

15.5 Prohibited (Non-Road) Material

While road-related accidents are permitted, any content containing pornography, non-road-related violence, or material intended solely to incite hatred or harassment will be removed immediately. Accounts found uploading such material will be permanently banned and, where required by law, reported to the relevant authorities.

Section 16: Uploader Indemnity

16.1 Your Obligation to Indemnify

You agree to indemnify, defend, and hold harmless Sean McCullough (trading as RoadFootage), and any future successor entities or employees, from and against any and all claims, demands, liabilities, damages, losses, and expenses. This includes, but is not limited to, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the platform.

16.2 Scope of Claims

This indemnity specifically applies to claims resulting from:

  • Breach of Warranties: Any breach by you of the warranties provided in Section 5, including claims that you did not possess the lawful copyright or necessary consents to upload the Content.
  • Privacy and Surveillance Violations: Any third-party claims alleging that your recording or sharing of files violated privacy laws, the Surveillance Devices Act, or other relevant legislation.
  • Defamation: Any claims that the textual descriptions, incident reports, or media you provided contain defamatory, false, or inflammatory statements about a third party.
  • Infringement: Any allegation that your Content infringes upon the intellectual property rights, moral rights, or proprietary rights of any third party.

16.3 Cooperation in Defense

In the event of a third-party claim, RoadFootage reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate fully with our legal counsel and provide all necessary information or documentation to assist in the defense of the claim.

16.4 Survival of Indemnity

Your obligations under this Section 16 will survive the termination or expiration of these Terms and will continue to apply even after you have deleted your account or removed your Content from the platform.

Section 17: Right to Modify Service

17.1 Evolution of the Platform

RoadFootage is a dynamic, engineering-led platform that is constantly evolving to improve road safety and data accessibility. To maintain this pace of innovation and ensure the sustainability of the service, we must retain full control over the platform’s technical and functional roadmap.

17.2 Changes to Functionality

You acknowledge and agree that RoadFootage reserves the right to add, remove, or modify any feature, functionality, or aspect of the platform at any time at our sole discretion. This includes, but is not limited to:

  • Changes to the Progressive Web Application (PWA) interface and user experience.
  • Modifications to the API structure, data endpoints, or integration requirements.
  • The introduction or removal of specific marketplace tools, such as the Bounty or Inquiry systems.
  • Adjustments to the credit system, fee structures, or revenue allocation models.

17.3 No Obligation of Notification

These modifications may be implemented without prior notification to you. While we strive to communicate significant changes to our community (especially those in our Early Access Program), we are under no legal or contractual obligation to provide notice before altering the service.

17.4 Temporary or Permanent Discontinuance

We reserve the right to temporarily or permanently suspend the platform (or any part thereof) for maintenance, security updates, or strategic restructuring. RoadFootage will not be liable to you or any third party for any resulting downtime, loss of access, or the discontinuance of any specific functionality.

17.5 Continued Use as Acceptance

Your continued use of the platform following any modifications to the service constitutes your binding acceptance of those changes. If you do not agree with a modification, your sole remedy is to cease using the platform and delete your account.

Communicating Changes

Since RoadFootage is in early development, these terms will likely evolve. For users in our Early Access Program, we must communicate material changes to these terms via the email address provided. For anonymous users, the “Last Updated” date at the top of the ToU serves as the primary notice.