Effective Date: February 9, 2025
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.
To use our Service, you must:
To access certain features, you must create an account. You agree to:
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.
Frostbyte provides a gear management platform for outdoor enthusiasts, including:
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.
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:
You agree not to upload or share content that:
You agree to use our Service only for lawful purposes. You must not:
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.
"Frostbyte," "MyPacks," and associated logos are trademarks of Sky Enterprises Australia. You may not use our trademarks without prior written permission.
Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information.
We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be unavailable due to:
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.
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.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law, including liability for:
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).
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:
You may terminate your account at any time by contacting us or using account settings.
We may suspend or terminate your access if:
Upon termination:
We may modify these Terms at any time. We will notify you of material changes by:
Continued use of the Service after changes constitutes acceptance of the modified Terms.
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.
Before initiating legal proceedings, you agree to attempt to resolve disputes through:
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.
For questions about these Terms, please contact us:
Sky Enterprises Australia
ABN: Available upon request