Terms of Service
Southwest Agri-Tech Pty Ltd (ACN 680 859 385, ABN 15 369 150 330) (“SWAT”, “we”, “us”) — ClearVine™ spray-records, compliance and analytics platform (the “Service”).
Version 1.0 · Last updated 2 July 2026
1. The agreement
1.1 These terms, together with the subscription plan you select, form the agreement between SWAT and the customer identified at sign-up (“Customer”, “you”).
1.2 By requesting access, creating an account, ticking the acceptance box at sign-up, or using the Service, you accept these terms. If you accept on behalf of a business, you confirm you have authority to bind it.
1.3 The Service is offered to businesses and individuals in Australia for use in connection with vineyard and agricultural operations. If you access the Service from outside Australia, you are responsible for compliance with your local laws, and the compliance content of the Service (which is built around Australian regulation) may not be appropriate for your location.
2. Definitions
“Authorised User” means a person you authorise to use the Service under your subscription. “Customer Data” means data you or your Authorised Users enter or upload (including spray and nutrition records, blocks, observations, yields and photos). “Aggregated Data” means de-identified data derived from Customer Data and other inputs, as described in clause 5.4. “Compliance Outputs” means any clearance indication, withholding-period calculation, growth-stage warning, disease-risk score, spray-window suggestion, report or other output generated by the Service. “Fees” means the subscription fees for your plan.
3. The Service and your licence
3.1 Subject to these terms and payment of the Fees, SWAT grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your subscription, for your internal business purposes only.
3.2 The Service is provided as software-as-a-service. No source code or copy of the software is supplied or licensed.
3.3 The Service is under active development. Features may be added, changed or improved over time. We will not materially reduce the core functionality of your plan during a period you have paid for without offering the remedy in clause 16.1.
4. Acceptable use
You must not, and must ensure your Authorised Users do not: (a) reverse engineer, decompile or disassemble the Service or attempt to derive its source code, except to the extent that restriction is prohibited by law; (b) copy, scrape or extract the Service’s datasets, rules or models, other than your own Customer Data; (c) resell, sublicense or provide the Service to third parties, or operate it as a bureau service; (d) use the Service or its outputs to build or train a competing product, or to benchmark for a competitor; (e) introduce malware, interfere with security, or exceed plan limits; or (f) use the Service unlawfully, or contrary to chemical label directions or APVMA, state control-of-use, CASA or other regulatory requirements.
5. Customer Data and ownership
5.1 You own your Customer Data. As between you and SWAT, all rights in Customer Data remain yours.
5.2 You grant SWAT a worldwide, royalty-free licence to host, store, process, transmit, back up and display Customer Data solely to provide, secure and support the Service, and as permitted by clause 5.4. After your subscription ends, this licence continues only for the purposes of clause 15.4 (making your records available to you) and any retention required by law.
5.3 You are responsible for the accuracy, legality and quality of Customer Data, and for having the rights and consents needed to provide it (including any personal information of your operators and workers).
5.4 Aggregated Data. SWAT may create and use de-identified, aggregated data derived from Customer Data and other inputs to operate, secure, analyse and improve the Service and to produce regional or vintage benchmarks, provided that: (a) Aggregated Data never identifies you, your business, your vineyards or any individual; (b) no benchmark or statistic is published or surfaced to other customers unless it is drawn from at least five independent customer businesses; and (c) SWAT assesses re-identification risk before publishing any benchmark and will promptly remove any published data that is found to identify a customer or individual. SWAT owns Aggregated Data.
5.5 Export. You can export your records (including as PDF report packs) at any time during your subscription, and for at least 12 months after your subscription ends (clause 15.4).
6. SWAT's intellectual property
6.1 SWAT and its licensors own all right, title and interest in the Service, its software, design, documentation, curated weather and reference datasets, compliance and clearance logic, disease and bioclimatic models as implemented, Aggregated Data, and all related intellectual property. No rights are granted to you except as expressly stated in these terms.
6.2 “ClearVine” and the SWAT and ClearVine logos are trade marks of SWAT. Feedback you provide may be used by SWAT without restriction or obligation.
7. Fees and payment
7.1 Fees are as published at clearvine.com.au or agreed with you in writing — currently $22 per month or $250 per year, in Australian dollars and inclusive of GST.
7.2 There is no minimum term or lock-in: you may cancel at any time and your subscription will run to the end of the period you have paid for. Fees already paid are not refundable except as set out in these terms or as required by law.
7.3 We may change the Fees by giving you at least 30 days’ notice, effective from your next renewal. If you do not accept a Fee change you may cancel before it takes effect.
7.4 We may suspend access for non-payment, after giving you notice and a reasonable opportunity to pay.
7.5 If SWAT later introduces plan or user-based limits, they will not reduce what your current subscription includes during a period you have already paid for, and will otherwise apply from your next renewal with prior notice under clause 7.3.
8. Privacy and security
8.1 Each party must comply with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
8.2 SWAT handles personal information in accordance with its Privacy Policy, which includes the list of our hosting providers and sub-processors and the locations where data is stored.
8.3 SWAT maintains reasonable technical and organisational security measures, including: sign-in exclusively through Microsoft Entra ID (SWAT holds no password database); encryption of data in transit and at rest; role-based access controls scoped to your business; and a tamper-evident change history on records.
8.4 If SWAT becomes aware of an eligible data breach affecting Customer Data, SWAT will notify you within 2 business days of confirming the breach (or sooner where practicable), describe what happened and what information was involved, and comply with the Notifiable Data Breaches scheme.
9. Nature of the Service — decision support only
9.1 The Service provides information and decision-support tools to help you manage spray records, compliance and analytics. It does not provide legal, agronomic, financial or aviation advice.
9.2 Compliance Outputs are indicative aids based on the data and rules available to the Service at the time. They may be incomplete, delayed or affected by their inputs — including third-party data such as weather observations and published regulatory information. Where a rule is known to the Service to be unverified or missing, the Service is designed to flag that where practicable rather than guess — but SWAT does not represent that every gap is flagged, and the absence of a flag is not a representation that a rule is current, complete or verified.
9.3 You remain solely responsible for your spraying, chemical-use, harvest, record-keeping and other operational decisions, and for compliance with all applicable laws and requirements — including APVMA-approved label directions, withholding periods, maximum residue limits, state agricultural chemical control-of-use laws, and CASA/RPAS requirements where relevant.
9.4 You must independently verify Compliance Outputs against the authoritative source — the registered product label, the regulator, your customer's specification, or your own adviser — before relying on them for any significant decision.
9.5 A clearance or “clear” indication is not a representation that any spray, produce, parcel or operation is lawful, safe or saleable.
10. Warranties and the Australian Consumer Law
10.1 SWAT warrants that it will provide the Service with due care and skill.
10.2 Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, including your rights under the Australian Consumer Law (“ACL”). Where any term of this agreement is inconsistent with such a right, the right prevails.
10.3 To the maximum extent permitted by law, and subject to clause 10.2: (a) the Service and all Compliance Outputs are provided “as is” and “as available”; (b) SWAT excludes all other warranties, express or implied, including fitness for a particular purpose, accuracy, completeness and uninterrupted or error-free operation; and (c) SWAT does not warrant that Compliance Outputs are accurate, current or fit for any regulatory purpose.
10.4 Where SWAT's liability for breach of a non-excludable guarantee can lawfully be limited under section 64A of the ACL, and it is fair and reasonable for SWAT to rely on that limitation, SWAT's liability is limited, at SWAT's option, to re-supplying the relevant services or paying the cost of having them re-supplied.
11. Liability
11.1 Subject to clause 10.2, and to the maximum extent permitted by law: (a) neither party is liable to the other for indirect or consequential loss, or for loss of profit, revenue, crop, produce, yield, market access, anticipated savings, goodwill or business reputation, however arising; and (b) SWAT's total aggregate liability arising out of or in connection with this agreement is capped at the greater of the total Fees you paid in the 12 months before the event giving rise to the claim, or AUD $5,000.
11.2 These exclusions and caps apply to liability in contract, tort (including negligence), statute or otherwise.
11.3 The exclusions and caps in clause 11.1 do not apply to: (a) either party's liability for fraud or wilful misconduct; (b) either party's breach of clause 13 (confidentiality); (c) your obligation to pay Fees; or (d) either party's infringement of the other's intellectual property rights.
11.4 Each party must take reasonable steps to mitigate its loss.
11.5 SWAT maintains professional indemnity, public liability and cyber insurance appropriate to the Service, and will provide certificates of currency on reasonable request.
12. Indemnities
12.1 You indemnify SWAT against loss arising from third-party claims caused by: (a) your breach of clause 4 (acceptable use); (b) Customer Data infringing third-party rights or breaching law; or (c) your use of the Service or its outputs in breach of clause 9. Your liability under this indemnity is reduced to the extent SWAT's own acts or omissions contributed to the loss.
12.2 SWAT will defend you against any third-party claim that the Service, as provided by SWAT and used in accordance with these terms, infringes Australian intellectual property rights, and will pay any resulting damages finally awarded or agreed settlement — provided you notify us promptly and give us control of the defence. If such a claim arises or in SWAT's opinion is likely, SWAT will, at its expense: (a) procure the right for you to continue using the Service; or (b) modify or replace the affected part of the Service so it is non-infringing without materially reducing functionality; and only if neither is reasonably achievable, (c) terminate your subscription and refund any Fees paid for the unused period. This clause states SWAT's entire liability for IP infringement claims.
13. Confidentiality
13.1 Each party must keep the other's confidential information confidential and use it only for this agreement. SWAT's confidential information includes the Service's non-public functionality, curated datasets and compliance logic; yours includes your non-public Customer Data.
13.2 The obligation does not apply to information that is public (other than through breach), independently developed, lawfully received from a third party, or required to be disclosed by law.
14. Suspension
14.1 SWAT may suspend access to the Service where reasonably necessary for: non-payment (after notice under clause 7.4), a genuine security risk, unlawful use, or material breach of these terms. We will give notice where practicable, limit any suspension to what is reasonably necessary, and restore access promptly once the issue is resolved. Suspension does not limit your rights under clause 5.5 to export your records.
15. Term, cancellation and your records
15.1 Your subscription continues in monthly or annual periods until cancelled.
15.2 You may cancel at any time, effective at the end of your current paid period. Either party may terminate immediately for a material breach that is not remedied within 14 days of notice, or on the other party's insolvency.
15.3 If SWAT discontinues the Service or terminates your subscription other than for your breach, SWAT will refund the Fees you have paid for the unused portion of your subscription period.
15.4 Your records after cancellation. Because your records may matter for audits long after you stop subscribing: after your subscription ends, your Customer Data remains available for you to view and export for not less than 12 months. After that period, SWAT may delete or de-identify Customer Data only after giving at least 30 days' notice to your registered email, and you will have a final opportunity to export during that notice period. This clause does not apply where retention or earlier deletion is required by law.
15.5 Clauses 5, 6 and 9–13 survive termination, together with any other clause intended to survive.
16. General
16.1 Changes to these terms. SWAT may update these terms by publishing the new version at clearvine.com.au/terms and, for material changes, giving you at least 30 days' notice by email. If a material change adversely affects you, you may cancel before it takes effect and receive a pro-rata refund of any Fees paid for the period after cancellation. Continued use after the effective date is acceptance.
16.2 SWAT may assign this agreement in connection with a sale or restructure of its business, on notice to you; you may assign with SWAT's consent (not to be unreasonably withheld).
16.3 Neither party is liable for delay or failure caused by events beyond its reasonable control.
16.4 Notices to SWAT: sean@swagritech.com.au. Notices to you: your registered account email.
16.5 These terms are the entire agreement between the parties about the Service and supersede prior discussions. If any part is unenforceable it is severed and the rest remains effective. A failure to enforce a term is not a waiver.
16.6 Governing law. These terms are governed by the laws of Western Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia, subject to any right you have under the Australian Consumer Law to bring proceedings in another forum. Before starting proceedings (except for urgent injunctive relief), the parties must first attempt in good faith to resolve any dispute by negotiation, then mediation.
Questions about these terms: sean@swagritech.com.au · Privacy Policy · clearvine.com.au