Terms of Use

Terms of Use - Shots Up

Last Updated: January 2, 2026

Effective Date: January 2, 2026

1. Acceptance of Terms

By accessing, browsing, or using the Shots Up website, mobile application, and all associated services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms").

These Terms are governed by the laws of New Zealand and comply with the Consumer Guarantees Act 1993, Fair Trading Act 1986, Privacy Act 2020, and other applicable New Zealand legislation.

2. Eligibility and Registration

2.1 Age Requirements

The Service is intended for individuals aged 13 years and older. If you are between 13 and 18 years of age, you must obtain parental or guardian consent to use the Service.

2.2 Account Registration

To access certain features, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the confidentiality of your password
• Accept responsibility for all account activities
• Notify us immediately of unauthorized use
• Keep your account information updated

3. User Conduct and Prohibited Activities

3.1 Acceptable Use

You agree to use the Service only for lawful purposes. Prohibited behavior includes:

• Harassing, threatening, or abusing other users
• Posting defamatory, obscene, or offensive content
• Impersonating any person or entity
• Attempting to gain unauthorized access
• Uploading viruses, malware, or harmful code
• Scraping or automated data collection without permission
• Spamming or sending unsolicited communications
• Violating any applicable laws or regulations

3.2 Content Restrictions

You may not upload, post, or transmit content that:

• Violates intellectual property rights
• Contains personal information without consent
• Promotes discrimination, hatred, or violence
• Is sexually explicit or exploitative
• Violates rights, privacy, or safety of any person

4. Intellectual Property Rights

4.1 Company Intellectual Property

All content, features, and functionality of the Service are the exclusive property of Shots Up and are protected by New Zealand and international intellectual property laws. You are granted a limited, non-exclusive license to access and use the Service for personal, non-commercial purposes only.

4.2 User-Generated Content

By uploading or posting content to the Service, you grant Shots Up a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute your content. You retain ownership and represent that you own or have the right to use the content.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. HOOPMETRICS DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY NEW ZEALAND LAW, HOOPMETRICS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.

5.3 Consumer Guarantees Act

Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993. If you are a consumer, certain statutory guarantees cannot be excluded, and Shots Up' liability for breach is limited to repair, replacement, or refund.

6. Indemnification

You agree to indemnify and hold harmless Shots Up from any claims, damages, losses, or expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

7. Suspension and Termination

7.1 Termination by Shots Up

Shots Up may suspend or terminate your access at any time, with or without cause. Grounds include violation of these Terms, illegal activity, breach of payment obligations, or abuse of other users.

7.2 Effect of Termination

Upon termination, your right to use the Service immediately ceases. Shots Up may delete your account and content, although we may retain information as required by law.

8. Dispute Resolution and Governing Law

8.1 Governing Law

These Terms are governed by the laws of New Zealand, without regard to conflict of law principles.

8.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts of New Zealand for any disputes arising from these Terms or the Service.

8.3 Dispute Resolution

Before initiating legal proceedings, you agree to attempt to resolve disputes through good faith negotiation. For small claims, you may pursue remedies through the District Court of New Zealand.

9. Contact Information

If you have questions about these Terms of Use or wish to report a violation, please contact us:

10. Compliance with New Zealand Law

These Terms comply with the following New Zealand legislation:

• Consumer Guarantees Act 1993 - Consumer protection
• Fair Trading Act 1986 - Fair trading practices
• Privacy Act 2020 - Personal information protection
• Crimes Act 1961 - Cybercrime and data security
• Copyright Act 1994 - Intellectual property protection
• Defamation Act 2015 - Protection against defamatory content
• Human Rights Act 1993 - Non-discrimination and human rights