Terms of Service

1. About these terms

These Terms of Service (Terms) are a legal agreement between you and Angus Austin O’Neill trading as Map Smart (ABN 87 128 586 948) of Runaway Bay, Queensland, Australia (MapSmart, we, us, our). They govern your access to and use of the MapSmart application at mapsmart.au and any related services (the Service).

By creating an account, or by accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

We handle personal information in accordance with our Privacy Policy, which forms part of these Terms.

2. Eligibility and accounts

2.1 You must be at least 16 years old to use the Service. If you are under 18, you confirm that your parent or guardian has agreed to these Terms on your behalf.

2.2 The Service is offered primarily to users in Australia. Some features (including fuel prices and grocery catalogue data) cover only particular Australian states or regions, and we will tell you in the app where that is the case.

2.3 Access is currently limited. Creating an account may place you in a pending state until your access is approved by us, and we may approve, decline, suspend or revoke access at our discretion during this early access period.

2.4 You are responsible for your account credentials and for all activity under your account. Tell us promptly at support@ryte.com.au if you believe your account has been compromised.

2.5 You must provide accurate information and keep it current. You must not create an account for anyone else without their authority, or impersonate any person.

3. What the Service is, and is not

3.1 What it is. MapSmart is a coordination and planning tool. It helps you capture what you need to do, resolves those items to real products and real places using third party data, plans an efficient multi stop route, provides navigation, and lets you share or delegate stops to people you connect with.

3.2 What it is not. MapSmart is not:

• a retailer, reseller, or checkout platform. We do not sell you any product you plan to buy;
• a catalogue publisher or the source of truth for retailer pricing, availability or promotions;
• a booking platform or travel agent;
• a provider of professional, financial, legal, medical or safety advice; or
• a substitute for your own judgment, or for the terms, prices and information published by the retailers, venues and providers you visit.

4. Your content and licence

4.1 You retain ownership of the content you put into the Service: your lists, items, notes, saved places, trips, and anything else you create (Your Content).

4.2 You grant us a non exclusive, worldwide, royalty free licence to host, store, reproduce, adapt, transmit and display Your Content solely to the extent necessary to operate, secure, support and improve the Service for you, and to make it available to people you have chosen to share it with. This licence ends when you delete Your Content or your account, except for backups and where we must retain it by law.

4.3 We do not sell Your Content, and we do not use Your Content to train third party AI models.

4.4 You are responsible for Your Content. You confirm you have the right to provide it, including any address, contact detail or information about another person that you enter.

5. Acceptable use

You must not:

• use the Service unlawfully, or in breach of any third party’s rights;
• enter another person’s personal information (such as their home address or phone number) without a lawful basis for doing so;
• attempt to gain unauthorised access to the Service, other users’ accounts, or our systems;
• scrape, crawl, harvest or bulk extract data from the Service, or use it to build a competing dataset or product;
• reverse engineer, decompile or attempt to derive the source code, algorithms or route optimisation logic of the Service, except to the extent that restriction is prohibited by law;
• interfere with, overload, or circumvent any rate limit, security control or access restriction;
• use automated means to access the Service, other than as we expressly permit;
• resell, sublicense or commercially exploit the Service or its data without our written consent; or
• use the Service to send spam, harass any person, or share content that is unlawful, misleading, defamatory or offensive.

We may suspend or terminate access immediately for a material breach of this clause.

6. Sharing, delegation and household connections

6.1 The Service lets you connect with other people (connections) and share or delegate items, lists, trips and events.

6.3Delegation requires the other person’s consent, and either of you may decline, cancel or revoke a delegation. A delegation may also expire automatically.

6.4You must not share another person’s personal information through the Service without their knowledge, and you must not use invitations to contact people who have asked you not to.

6.5 We are not responsible for what your connections do with information you choose to share with them.

7. Location, navigation and safety

7.1Route and navigation features require your device’s location. You control this permission through your device settings and may withdraw it at any time. Some features will not work without it.

7.3 The Service is not designed for emergency use. Do not rely on it in an emergency. Contact 000.

8. Third party services and links

8.1 The Service integrates with and links to third party services (including mapping, retailer, calendar and search providers). Your use of those services is governed by their terms and privacy policies, not ours.

8.2 We do not control and are not responsible for third party services, their content, availability, accuracy, or their acts or omissions.

8.3 If you connect an external account (such as a calendar), you authorise us to access that account only to the extent needed to provide the feature, and you may disconnect it at any time.

9. Prices, savings and product information

9.3 Savings figures are estimates. Any save $X, comparison or savings figure is an estimate calculated from the data available to us, which may be incomplete, regional, or superseded. Actual savings may differ or may not exist.

9.4 Availability. We do not guarantee that any product is in stock, that a store is open, or that a promotion is still running.

9.5 Nothing in this clause is intended to exclude, restrict or modify any consumer guarantee or other right you have under the Australian Consumer Law that cannot lawfully be excluded (see clause 13).

10. Artificial intelligence features

10.1 The Service uses AI (including large language models) to interpret what you type or say, ask clarifying questions, match items to products and places, suggest options, and generate summaries (AI Features).

10.2 AI output can be wrong, incomplete or unsuitable. It may misinterpret your request, match the wrong product or place, or omit something relevant. Review AI generated results before acting on them, particularly before travelling, spending money, or relying on a result that matters.

10.3 AI Features are provided as assistance only. You remain responsible for decisions you make using the Service.

10.4 Your inputs to AI Features are processed by third party AI providers as described in our Privacy Policy.

11. Availability, changes and early access

11.1 The Service is provided during an early access period. Features may change, break, be added or be removed, and the Service may be unavailable at times, including for maintenance or due to a third party outage.

11.2 We may modify, suspend or discontinue any part of the Service. Where a change is material and we hold your contact details, we will make reasonable efforts to tell you.

11.3 We do not guarantee uninterrupted or error free operation, or that data will not be lost. Keep your own copies of anything important.

12. Fees

12.1 The Service is currently provided free of charge.

12.2 If we introduce fees, we will give you at least 30 days notice before they apply to you, and you may stop using the Service before they take effect. We will never charge you for a paid feature without your express agreement.

13. Consumer guarantees and liability

13.2 To the extent we are permitted to limit our liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51 to 53 of the Australian Consumer Law), our liability is limited, at our option, to resupplying the service or paying the cost of resupply.

13.3 Otherwise, and to the maximum extent permitted by law:

• the Service is provided as is and as available, and we exclude all warranties, representations and conditions not expressly stated in these Terms;
• we are not liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, data, goodwill or anticipated savings, however arising; and
• our total aggregate liability to you for all claims arising out of or in connection with the Service or these Terms is limited to the greater of (i) the total amount you paid us for the Service in the 12 months before the claim arose, and (ii) AU$100.

13.4 We are specifically not liable for loss or damage arising from: a price, saving, promotion or product detail that was inaccurate or out of date; a route, travel time, road condition or navigation instruction; your driving or road use; the acts, omissions, pricing or availability of any retailer, venue or third party provider; anything a person you shared or delegated to does with that information; or an outage or failure of a third party service.

13.5 Our liability is reduced to the extent your own act or omission (or that of someone acting for you) caused or contributed to the loss.

14. Indemnity

To the maximum extent permitted by law, you indemnify us against any claim, loss, damage, cost or expense we suffer arising from: (a) your breach of these Terms or of any law; (b) Your Content, including any personal information about another person that you entered without a lawful basis; or (c) your misuse of the Service. This does not apply to the extent the loss was caused by our own breach or negligence.

15. Intellectual property

15.1 The Service, including its software, design, interfaces, route optimisation and matching logic, branding, and all related intellectual property, is owned by us or our licensors. Patent pending.

15.2 We grant you a personal, non exclusive, non transferable, revocable licence to use the Service for your own personal, non commercial purposes, in accordance with these Terms.

15.3 MapSmart, our logo and our branding are our trade marks. You must not use them without our written permission.

15.4 Third party names, logos, catalogue content and product images displayed in the Service remain the property of their respective owners and are used to identify those products and retailers.

15.5 If you send us feedback or suggestions, you grant us a perpetual, royalty free right to use them without obligation to you.

16. Suspension, termination and deletion

16.1 You may stop using the Service and delete your account at any time from within the app, or by emailing support@ryte.com.au.

16.2 We may suspend or terminate your access immediately if you materially breach these Terms, if we reasonably suspect fraud, misuse or a security risk, or if we are required to by law. Otherwise we will give reasonable notice where practicable.

16.3 On deletion, we will delete or de identify your personal information as described in the Privacy Policy, except where we must retain it to comply with a legal obligation, resolve a dispute, or enforce our agreements.

16.4 Clauses 4.2 (to the extent of backups), 5, 9, 10, 13, 14, 15, 16.3 and 18 survive termination.

17. Changes to these Terms

We may update these Terms. If a change is material, we will give you reasonable notice, by in app notice or email, before it takes effect. Continuing to use the Service after the effective date means you accept the updated Terms. If you do not accept them, stop using the Service and delete your account.

18. General

18.1 Governing law. These Terms are governed by the laws of Queensland, Australia. You and we submit to the non exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from them.

18.2 Disputes. Before starting legal proceedings, please contact us at support@ryte.com.au so we can try to resolve the issue. Nothing in this clause prevents either of us from seeking urgent interlocutory relief.

18.3 Severance. If any provision is unenforceable, it is read down or severed to the minimum extent necessary. The rest continues to apply.

18.4 No waiver. A failure to enforce a right is not a waiver of it.

18.5 Assignment. You may not assign these Terms without our consent. We may assign them to a successor of our business, on notice to you.

18.6 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service.

19. Contact

Angus Austin O’Neill trading as Map Smart (ABN 87 128 586 948)
Runaway Bay, Queensland, Australia
Email: support@ryte.com.au