These Terms and Conditions form a legally binding contract between you and us. By downloading, accessing, creating an Account for, or using our mobile application (and any related website or services we provide), you agree to be bound by these Terms.

We are John-Roy Hindle trading as MDTshadowdrive ("we", "us", "our").

Our contact address is: p.o box 530 Farrell flat SA 5416

You are: any person who downloads, accesses or uses the App and/or Services.

Please read these Terms carefully and save a copy. If you do not agree with them, you must not download, access or use the App or Services.

These are the agreed terms:

Definitions

• "Account" means the user account you create to access and use the App.
• "Analytics" means statistical, behavioural and performance insights generated from the use of the App, including route and usage patterns, provided in aggregated and/or de-identified form as described in our Privacy Policy.
• "App" means our mobile application and any updates, upgrades or new versions of it.
• "Intellectual Property" means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
• "Licence" means the limited licence granted to you under clause 5 to use the App.
• "Location Data" means data about your geographic location (including GPS data) collected by the App when enabled on your device.
• "Platform Provider" means the operator of the marketplace or payment platform through which you access or pay for the Subscription (for example Apple App Store or Google Play).
• "Privacy Policy" means our privacy policy (as updated from time to time) describing how we collect, use, store and disclose personal information, including Location Data.
• "Route" means a route, track, journey or course recorded or created through the App, whether recorded in real time or stored for playback.
• "Route Content" means any Routes and any associated data (including time stamps, distance, speed, mapping overlays and metadata) created or stored through the App.
• "Services" means the features and services we make available through the App (including tracking, route recording, playback, exporting/sharing and any Subscription features).
• "Subscription" means the paid, subscription-based access to the App and Services purchased through the applicable Platform Provider (for example Apple or Google) or other payment method we make available.
• "Third Party" means any person or entity other than you and us.

Interpretation

In this agreement unless the context otherwise requires:

1. A reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2. A reference to a person includes reference to that person's successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
3. The headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
4. Any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
5. In the context of permission, "may not" in connection with an action of yours, means "must not".
6. A reference to an Act or regulation includes any amendment, re-enactment or replacement of it.
7. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

Basis of contract

1. The Services are provided on a paid, Subscription basis. You must create an Account to use the App.
2. Subscription prices, billing intervals, and the features included in each Subscription tier (if more than one) will be displayed in the App and/or at the point of purchase.
3. Your Subscription begins when we confirm payment and continues until cancelled or terminated in accordance with these Terms.
4. If you obtain access through a Platform Provider (for example Apple App Store or Google Play), your purchase and cancellation may also be subject to that provider's terms.
5. Our Privacy Policy forms part of these Terms and explains how we handle personal information and Location Data.
6. We may change these Terms and/or the Services from time to time. If we do, the updated Terms will be made available within the App and/or on any website we operate in connection with the App (if any).
7. Changes will apply from the date they are published (or from a later date stated in the notice). If you do not agree to the updated Terms, you must stop using the App and cancel your Subscription (if applicable).
8. Refunds (where required or permitted) are handled in accordance with Australian Consumer Law and the rules of the relevant Platform Provider through which you purchased the Subscription.

Platform Provider terms

If you download the App or purchase a Subscription through a Platform Provider, you acknowledge that:

1. these Terms are between you and us, not the Platform Provider;
2. the Platform Provider has no responsibility to provide maintenance or support for the App; and
3. your use of the Platform Provider's services is governed by their separate terms.
4. To the extent permitted by law, the Platform Provider is a third-party beneficiary of this clause 4 and may enforce it against you.

The Licence

1. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to download, install and use the App on devices you own or control, for your lawful use of the Services.
2. You must not:
   1. reverse engineer, decompile or attempt to extract source code from the App;
   2. circumvent security or access controls;
   3. use the App in any unlawful manner, including for harassment, stalking, surveillance, or any activity that infringes another person's rights; or
   4. use the App in a way that interferes with the Services or other users.
3. We may suspend or terminate your Account (and your licence to use the App) if you breach these Terms, misuse the App, or where we reasonably consider it necessary to protect the App, other users, or our legal position.

Your Account and personal information

1. When you use the App, you are responsible for any activity carried out by any person using your name, Account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your Account.
4. You must ensure your Account details are kept secure. You are responsible for all activity under your Account unless caused by our breach of these Terms.
5. You must be at least 18 years old to create an Account and use the App and Services. If you use the App on behalf of a business or other organisation, you represent that you have authority to bind that entity to these Terms.

Subscription price payment terms

1. Subscription prices (including billing intervals and inclusions) are displayed in the App and/or at the point of purchase via the relevant Platform Provider.
2. Prices may include GST where applicable, depending on the Platform Provider's billing and tax treatment.
3. Except where required by Australian Consumer Law (including consumer guarantees that cannot be excluded), and subject to the relevant Platform Provider's rules, payments are non-refundable and we do not provide refunds for change of mind or unused Subscription periods.

Renewal payments

1. Subscriptions renew automatically unless cancelled before the renewal date, where the Subscription product is configured as auto-renewing at the point of purchase.
2. You may cancel renewal at any time through the Platform Provider or payment method you used to subscribe (for example, Apple App Store or Google Play).
3. If you cancel, you will retain access until the end of the then-current billing period unless the Platform Provider states otherwise.
4. We may change Subscription pricing or features prospectively. If a change applies to your Subscription, we will provide notice through the App or by email (where we hold your email), to the extent reasonably practicable.

Security of your credit card

We take care to make the App safe for you to use.

1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
2. If you have asked us to remember your credit card details in readiness for your next purchase or Subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

Tracking, Routes, sharing and analytics

1. The App provides real-time location tracking and route recording, including playback of recorded Routes. Your device settings control whether Location Data is collected (for example 'always', 'while using', or 'never').
2. You must only use the App's tracking features in a lawful manner and, where required by law, only with the knowledge and consent of the person being tracked. You are solely responsible for ensuring you have all required consents and permissions.
3. You acknowledge that GPS and mapping accuracy can vary and may be affected by device settings, connectivity, and environmental factors. The App may not record Location Data continuously in all circumstances.
4. Route Content and sharing. The App may allow you to create, store, export and share Routes and maps. You are responsible for ensuring that anything you share does not infringe another person's rights or disclose sensitive information.
5. Sale or transfer of Routes to third parties. Where the App enables it, you may sell or transfer Routes you have created to third parties. We do not verify, endorse, or guarantee any third-party purchaser, and we are not responsible for any dispute, loss, or liability arising from any sale or transfer between you and a third party.
6. Analytics. We may generate and commercialise Analytics derived from App usage and Route Content. Any Analytics shared or sold to third parties will be provided in aggregated and/or de-identified form so it is not intended to identify you, in accordance with our Privacy Policy.
7. Third-party services. You do not need to install separate third-party software to use the App. However, the App may rely on third-party services that are built into or used by your device or platform (for example operating system services, app store services, or mapping providers). We are not responsible for outages or changes to third-party services.

Support and consumer rights

1. If you experience issues with the App or Subscription, please contact us using the support contact details shown in the App.
2. Nothing in these Terms limits your rights under Australian Consumer Law, including consumer guarantees that cannot be excluded.

How we handle your Route Content

1. Privacy and Location Data. Our Privacy Policy explains how we collect, use, store and disclose personal information and Location Data. It forms part of your use of the Services.
2. You are responsible for ensuring you have rights and permissions to create and share any Route Content.
3. Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, display and use your Route Content to operate, maintain, improve and provide the App and Services, and to enable features you select (including sharing and exporting). This licence continues for so long as required for us to operate the App and Services and to comply with legal obligations, and for as long as is reasonably necessary afterwards for back-ups, dispute resolution, compliance and record-keeping.
4. We own all Intellectual Property rights in the App, the software and algorithms, and in Analytics that we generate (including aggregated and/or de-identified outputs).
5. If you share Route Content with others, including by exporting or publishing it, you are responsible for that disclosure and any consequences arising from it.

Acceptable use and prohibited activities

You must not use the App or Services:

1. unlawfully, or in any way that infringes another person's rights (including privacy rights);
2. for harassment, stalking, intimidation, surveillance without required consent, or any harmful purpose;
3. to interfere with, disrupt or attempt to gain unauthorised access to the App, systems or other users;
4. to reverse engineer, decompile, scrape, or attempt to extract source code except where permitted by law; or
5. to upload, share or distribute Route Content that is misleading, defamatory, or unlawfully discloses personal or sensitive information.
6. We may suspend or terminate your Account if you breach this clause, or if we reasonably consider suspension or termination is necessary to protect the App, other users, or our legal position.

Interruption to our Service

1. If it is necessary for us to interrupt our Service, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
2. You acknowledge that our Service may also be interrupted for many reasons beyond our control.
3. To the maximum extent permitted by law (and subject to Australian Consumer Law), we are not liable for losses arising from interruptions to the App or Services.

Intellectual Property

1. We will defend our Intellectual Property rights in all countries.
2. Except as set out below, you may not copy, modify, publish, transmit, or sell, create derivative works from, distribute, perform, display, or in any way exploit any of our Intellectual Property or that owned by any third party and accessible to you via the App.
3. You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.

You agree that at all times you will:

1. not cause or permit anything which may damage or endanger our title to any of our Intellectual Property;
2. notify us of any suspected infringement of the Intellectual Property;
3. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
4. on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by us in writing;
5. not use any name or mark similar to or capable of being confused with any name or mark of ours;
6. so far as concerns the Services provided or made accessible by us to you, you will not:
   1. copy, or make any change to any part of its code;
   2. use it in any way not anticipated by this agreement;
   3. give access to it to any other person than you;
   4. in any way provide any information about it to any other person or generally.

Disclaimers and limitation of liability

1. These Terms operate subject to Australian Consumer Law.
2. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under Australian Consumer Law.
3. To the maximum extent permitted by law (and subject to clause 16.2), we exclude all other terms, conditions and warranties that would otherwise be implied.
4. The App and Services may contain technical inaccuracies or typographical errors. If you become aware of an error, please notify us using the support contact details shown in the App.
5. The App and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law (and subject to clause 16.2), we do not warrant that the App or Services will be uninterrupted, secure, error-free, accurate, or fit for your particular purpose.
6. The App may contain links to third-party websites or services. We do not control those third-party websites or services and are not responsible for their content, availability, or your use of them.
7. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from the App.
8. The App is not a safety or emergency service and must not be relied on for navigation, emergency response, or real-time safety-critical purposes.
9. We accept no responsibility for:
   1. malfunction in any hardware of yours;
   2. any malfunction or failure of the App or Services except to the extent required by Australian Consumer Law;
   3. the provision or failure to provide any firewall.
10. We shall not be liable to you for any loss or expense which is:
    1. indirect or consequential loss; or
    2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
11. Subject to clause 16.2, our total liability to you for any claim arising out of or in connection with the App or Services is limited to the total Subscription fees paid by you to us in the 12 months immediately before the event giving rise to the claim.
12. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
13. Nothing in this agreement excludes liability for a party's fraud.

You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

1. your failure to comply with the law of any country;
2. your breach of this agreement;
3. any act, neglect or default by any agent, employee, licensee or customer of yours;
4. a contractual claim arising from your use of the Services;

and for the purpose of this clause, you agree that reasonable internal management and technical time costs are properly recoverable where permitted by law.

Miscellaneous matters

1. You undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
2. The schedules, if any, to this agreement are part of the agreement and have the same force and effect.
3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms.
4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
5. If you are in breach of any term of this agreement, we may:
   1. terminate your Account and refuse access to the App;
   2. issue a claim in any court.
6. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
7. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
8. You agree that we may disclose your information (including Account information and usage information) to a court, regulator, law enforcement agency or other competent authority where we are required or authorised by law to do so.
9. Any communication to be served on either party by the other shall be delivered by hand, sent by a recorded delivery postal service, sent by a commercial service or by email. It shall be deemed to have been delivered: on the day of delivery if delivered by hand, or within 72 hours of posting if delivered by recorded post to the correct address, on the day of delivery if sent by commercial service or when it is successfully transmitted to the recipient's email address, unless the sender receives an automated bounce-back or delivery failure notice.
10. If a dispute arises, each party agrees to attempt to resolve it in good faith, including (where appropriate) by informal negotiation or mediation, before commencing court proceedings.
11. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
12. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
13. The validity, construction and performance of this agreement is governed by the laws of South Australia and the parties submit to the exclusive jurisdiction of the courts of South Australia.