Terms of Service

1. Introduction and Acceptance

Welcome to Frostbyte ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, applications, and services (collectively, the "Service"). Frostbyte is operated by Sky Enterprises Australia.

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Service.

2. Eligibility

To use our Service, you must:

• Be at least 16 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law
• Provide accurate and complete registration information

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your login credentials confidential
• Notify us immediately of any unauthorized access

3.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

4. Service Description

Frostbyte provides a gear management platform for outdoor enthusiasts, including:

• Gear inventory tracking and management
• Packing list creation and organization
• Weight and cost analysis tools
• Trip planning features
• Data export capabilities

5. Subscription Plans and Pricing

5.1 Free and Paid Plans

We offer free and paid subscription plans with varying features and limits. Current pricing is available on our website. We reserve the right to modify pricing with reasonable notice.

5.2 Billing and Payment

• Paid subscriptions are billed in advance on a recurring basis
• All payments are processed securely through Stripe
• Prices are in Australian Dollars (AUD) unless otherwise stated
• You authorize us to charge your payment method for subscription fees

5.3 Cancellation and Refunds

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• Refunds are provided in accordance with Australian Consumer Law
• No refunds are provided for partial billing periods except where required by law

6. User Content

6.1 Your Content

You retain ownership of content you create or upload ("User Content"), including gear items, lists, and notes. By using our Service, you grant us a limited license to:

• Store and process your User Content to provide the Service
• Create backups for data protection purposes
• Display your User Content to you and those you share it with

6.2 Content Restrictions

You agree not to upload or share content that:

• Infringes intellectual property rights
• Contains malware or harmful code
• Is illegal, defamatory, or obscene
• Violates the privacy or rights of others
• Promotes violence or discrimination

7. Acceptable Use

You agree to use our Service only for lawful purposes. You must not:

• Attempt to gain unauthorized access to systems or data
• Interfere with or disrupt the Service or servers
• Use automated tools to access the Service without permission
• Reverse engineer or attempt to extract source code
• Resell or redistribute the Service without authorization
• Impersonate others or misrepresent your affiliation
• Violate any applicable laws or regulations

8. Intellectual Property

8.1 Our Rights

The Service, including its design, features, content, and technology, is owned by Sky Enterprises Australia and protected by intellectual property laws. You may not copy, modify, or distribute any part of the Service without our written consent.

8.2 Trademarks

"Frostbyte," "MyPacks," and associated logos are trademarks of Sky Enterprises Australia. You may not use our trademarks without prior written permission.

9. Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information.

10. Disclaimers

10.1 Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance
• Technical issues or failures
• Circumstances beyond our reasonable control

10.2 No Professional Advice

The Service provides tools for gear management and trip planning. It does not constitute professional advice. You are responsible for your own safety and decisions when engaging in outdoor activities.

10.3 Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR LOSS OF DATA, PROFITS, OR BUSINESS OPPORTUNITIES

Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law, including liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Breach of consumer guarantees

12. Australian Consumer Law

If you are a consumer under Australian Consumer Law, you have certain rights that cannot be excluded, restricted, or modified. These Terms do not exclude, restrict, or modify any consumer guarantees or other rights you may have under the Competition and Consumer Act 2010 (Cth).

13. Indemnification

You agree to indemnify and hold harmless Sky Enterprises Australia and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

14. Termination

14.1 By You

You may terminate your account at any time by contacting us or using account settings.

14.2 By Us

We may suspend or terminate your access if:

• You breach these Terms
• We are required to do so by law
• We discontinue the Service
• Your account remains inactive for an extended period

14.3 Effect of Termination

Upon termination:

• Your right to access the Service ends immediately
• We may delete your data after a reasonable period
• Provisions that should survive will remain in effect

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on our website
• Updating the "Effective Date"
• Sending email notification for significant changes

Continued use of the Service after changes constitutes acceptance of the modified Terms.

16. Governing Law and Disputes

16.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales.

16.2 Dispute Resolution

Before initiating legal proceedings, you agree to attempt to resolve disputes through:

• Contacting us at support@getfrostbyte.dev
• Good faith negotiation for at least 30 days

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

17.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.

18. Contact Us

For questions about these Terms, please contact us:

• Email: support@getfrostbyte.dev
• Support Portal: getfrostbyte.dev/support

Sky Enterprises Australia
ABN: Available upon request