Terms of Service

These Terms of Service (Terms) form a binding agreement between you (you) and WILDMAP, a registered partnership of Daniel Burke and Ian Zbiegniewski (ABN 40 386 582 970) (WildMap, we, us, or our). They govern your access to and use of the WildMap application and website (together, the Service).

By installing, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not install or use the Service.

Clause 01Definitions

In these Terms, the following capitalised terms have the meanings given below. Other defined terms are introduced in context.

Clause 02Agreement and acceptance

Clause 03Eligibility

1. be at least 18 years of age, or the age of majority in your jurisdiction (whichever is higher);
2. have the legal capacity to enter into a binding agreement;
3. hold all licences, permits, and authorisations required by law to undertake the activities you plan to support using the Service (including, where applicable, a current firearms licence, game licence, and any state-specific hunting authorisation); and
4. not be barred from using the Service under any applicable law, including any sanctions, export-control, or anti-money-laundering regime.

Clause 04Account registration and security

Clause 05The Service

1. interactive maps with cadastral land boundaries colour-coded by tenure type;
2. hunting zone and species distribution overlays, including GMA zones;
3. GPS track recording, waypoint marking, and route planning;
4. offline map tile caching for use without mobile data;
5. field notes, harvest logs, and other record-keeping tools;
6. compliance-oriented shot-logging features (where enabled by your tier) intended to support Victorian GMA record-keeping; and
7. safety-oriented features including emergency contact messaging and an SOS interface (subject to the disclaimers in clause 14.4).

Clause 06Subscriptions, trials, and billing

6.1 Billing through the App Stores

All Subscriptions are sold and billed exclusively through the App Store from which you obtained the Service. By purchasing a Subscription you agree to the applicable Platform Terms in addition to these Terms. Payment is collected by Apple or Google (as applicable) and not by us.

6.2 Free trial (Standard and Premium only)

If you are a new subscriber, your first Standard or Premium Subscription includes a 7-day free trial. At the end of the trial period your Subscription will convert automatically to the paid tier you selected, charged through your App Store account, unless you cancel before the trial period ends. The trial is available once per user, across both tiers. The Founder Subscription does not include a free trial. We may, but are not obliged to, offer additional or extended trials at our discretion.

6.3 Auto-renewal

Subscriptions renew automatically at the end of each billing period (monthly or annually, depending on the plan you selected) at the then-applicable rate, unless you cancel. Renewal is processed by the relevant App Store under the Platform Terms.

6.4 Cancellation

You may cancel your Subscription at any time through your App Store account settings — for iOS, via Settings → [your name] → Subscriptions; for Android, via the Google Play Store → Profile → Payments & subscriptions → Subscriptions. Cancellation cannot be processed from within the WildMap app itself. Cancellation takes effect at the end of your current billing period; you retain access until then. Partial-period refunds are not provided except where required by law or by the relevant App Store's policy.

6.5 Price changes

We may adjust Subscription prices in future. We will give you at least 30 days' notice of any price increase before it takes effect at your next renewal, by in-app notification, by email, or through the relevant App Store, in addition to any notice provided by Apple or Google under the Platform Terms. If you do not accept a price increase, you may cancel your Subscription before the new price takes effect. The Founder Subscription is subject to a separate price-lock commitment under clause 7.

6.6 Refunds

All billing, refund, and chargeback queries are handled by Apple or Google under the Platform Terms. We do not process refunds directly and have no ability to do so. Nothing in this clause limits any non-excludable right or remedy you may have under the ACL.

6.7 Taxes

Prices displayed in the App Store are inclusive of Australian goods and services tax (GST) where applicable. You are responsible for any other taxes, levies, or charges payable in respect of your use of the Service.

Clause 07The Founder offer

7.1 What the Founder Subscription is

The Founder Subscription is a Premium-tier Subscription billed annually at the locked-in rate set out in clause 6 (currently A$69.99 per year). It is sold exclusively through the App Stores under the Platform Terms, and it auto-renews each year at the locked-in rate unless cancelled.

7.2 Availability

The Founder Subscription is limited to the first 500 active subscribers. Once that limit is reached, the Founder Subscription will be retired and no further Founder Subscriptions will be sold. We will reflect the availability status in-app and on our website. We will not knowingly sell a Founder Subscription beyond the cap; in the unlikely event of a sale occurring beyond the cap due to platform or system error, our sole obligation will be to honour that Subscription and to update the cap accordingly, and you will have no other claim against us in respect of the misrepresentation.

7.3 Price-lock commitment

For so long as your Founder Subscription remains continuously active, we will not bill you more than A$69.99 (or its successor amount as set out in clause 7.4) per annual renewal, regardless of any price increases applicable to the Standard or Premium tiers. This commitment applies only to renewals processed without interruption.

7.4 What can change

The price-lock commitment in clause 7.3 is subject to the following limitations:

1. Tax and platform-driven changes. The locked-in price may be adjusted to reflect changes in GST, other taxes, App Store fees, or other charges levied by the relevant App Store, where we are not lawfully able to absorb those changes.
2. Currency. The locked-in price is denominated in Australian dollars. If you purchase or are billed in another currency through an App Store, the amount charged in your local currency may vary with exchange rates and App Store pricing tiers.
3. Feature set. The Founder Subscription unlocks the Premium feature set as it exists from time to time. We may add, modify, or remove features in accordance with clause 5.2. The price-lock applies to the price, not to a frozen feature set.
4. Discontinuance of the Service. If we cease to operate the Service (or any successor service), the Founder Subscription will terminate at the end of the then-current annual period, with no further renewal billing.
5. Change of operator. If WildMap is sold, assigned, or transferred to a different operating entity, that successor will be required to honour the price-lock for the remainder of the then-current annual period. The successor's obligation to continue offering the Founder Subscription on renewal is at the successor's discretion, subject to any non-excludable consumer rights you may have.

7.5 Loss of locked-in pricing

The locked-in price is forfeited and cannot be reinstated if:

1. you cancel your Founder Subscription;
2. your Subscription lapses for more than 30 days due to non-payment, expired payment method, or similar billing failure not caused by us; or
3. your account is terminated by us for breach of these Terms under clause 20.

If your Subscription lapses for fewer than 30 days due to a billing failure, we will use reasonable efforts to support reinstatement of the Founder Subscription, subject to App Store policies that may be outside our control.

7.6 No free trial

The Founder Subscription does not include a free trial period. Billing commences immediately on purchase, in accordance with the Platform Terms.

Clause 08Licence grants

8.1 Licence to you

Subject to your compliance with these Terms and to your payment of any applicable Subscription fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Service on devices you own or control, solely for your personal, non-commercial use in connection with lawful hunting and field-planning activity in Australia.

8.2 Reservation of rights

The licence in clause 8.1 is the only right granted to you. All other rights are reserved by us and our licensors. The Service is licensed, not sold.

Clause 09User content

9.1 Ownership

You retain ownership of any Content you submit, record, or upload to the Service. You are solely responsible for your Content, including its legality and accuracy.

9.2 Licence to us

You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, transmit, back up, and process your Content as reasonably necessary to provide, secure, maintain, and improve the Service, to enforce these Terms, and to comply with our legal obligations. This licence ends when your Content is deleted from our systems, except to the extent any Content has been incorporated into anonymised or aggregated data under clause 9.3, or is retained as required by law or for legitimate business records.

9.3 Aggregated and de-identified data

We may create and use de-identified and aggregated data derived from your Content and from your use of the Service (Aggregated Data) for any lawful business purpose, including improving the Service, developing new features, producing analytics, and (where appropriate) sharing insights publicly. Aggregated Data does not identify you, your account, or your locations.

9.4 Feedback

If you provide feedback, suggestions, or ideas relating to the Service (Feedback), you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use that Feedback for any purpose, without any obligation to compensate you.

9.5 Content removal

We may remove or refuse to host Content that, in our reasonable judgement, violates these Terms, infringes any third party's rights, or exposes us or other users to legal or safety risk. Where practicable, we will give you notice and an opportunity to address the issue first.

9.6 Sensitive Content

You acknowledge that Content recorded through the Service — including GPS tracks, harvest logs, and field notes — may identify the locations of wildlife, property boundaries, and your own movements. You are responsible for choosing how, with whom, and on what basis you share that Content.

Clause 10Intellectual property

Clause 11Acceptable use

1. use the Service to plan, assist with, conceal, or record any unlawful activity — including hunting without a required licence, hunting on private land without permission, hunting out of season, taking protected species, or any activity in breach of firearms or biosecurity laws;
2. reverse-engineer, decompile, disassemble, or otherwise attempt to derive source code, algorithms, or trade secrets of the Service, except to the extent permitted by non-excludable law;
3. scrape, crawl, harvest, or programmatically extract data from the Service, except via interfaces we expressly make available for that purpose;
4. resell, sublicense, rent, lease, or otherwise commercially exploit the Service or Map Data;
5. circumvent, disable, or interfere with security, authentication, or access-control features of the Service, or with the Subscription cap mechanism in clause 7.2;
6. use the Service in a way that imposes an unreasonable load on, or otherwise interferes with, our infrastructure;
7. upload, transmit, or distribute any virus, worm, malware, or other harmful code, or any unlawful, defamatory, harassing, or otherwise objectionable Content; or
8. misrepresent your identity, your authority to act on behalf of another person, or the source of any Content you submit.

Clause 12Third-party data and attributions

Clause 13Hunting and map-data disclaimer

Clause 14Service availability and no warranty

Clause 15Apple App Store terms

If you obtained the Service through the Apple App Store, the following supplemental terms apply between you and us. They are required by Apple Inc. (Apple) and prevail over inconsistent provisions in these Terms only to the extent of the inconsistency:

1. Parties. These Terms are between you and WildMap only, not with Apple. WildMap, not Apple, is solely responsible for the Service and its content.
2. Scope of licence. The licence in clause 8.1 is limited to a non-transferable licence to use the Service on any Apple-branded products that you own or control and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the Service may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
3. Maintenance and support. WildMap is solely responsible for providing any maintenance and support for the Service. Apple has no obligation to furnish any maintenance and support in respect of the Service.
4. Warranty. WildMap is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be WildMap's sole responsibility.
5. Product claims. WildMap, not Apple, is responsible for addressing any claims by you or any third party relating to the Service or your possession and use of it, including (i) product liability claims, (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual property claims. If a third party claims that the Service or your possession and use of the Service infringes that third party's intellectual property rights, WildMap (not Apple) will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
7. Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Third-party beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they apply to your licence to use the Service on Apple devices, and that on your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Clause 16Google Play terms

If you obtained the Service through the Google Play Store, your use is additionally subject to the then-current Google Play Terms of Service. WildMap, not Google, is responsible for the Service and any claims relating to it. Where these Terms conflict with Google's required terms for developers and end users, Google's required terms prevail to the extent of the inconsistency.

Clause 17Privacy

Our handling of personal information is governed by our Privacy Policy, which forms part of these Terms. The Privacy Policy describes the personal information we collect (including location, account, device, and usage information), the purposes for which we use and disclose it, how it is stored and secured, how long it is retained, and how you can exercise your rights under the Privacy Act 1988 (Cth) and the Australian Privacy Principles. You consent to our handling of your personal information in accordance with the Privacy Policy.

Clause 18Indemnity

1. your breach of these Terms;
2. your breach of any law (including firearms, hunting, biosecurity, privacy, or land-access law);
3. your Content, or our authorised use of your Content in accordance with clause 9;
4. any third-party claim arising from your activity in the field, your hunting activity, or your reliance on Map Data or other information from the Service; or
5. any unauthorised use of your account that was not solely caused by our failure to maintain reasonable security.

Clause 19Limitation of liability and the Australian Consumer Law

19.1 ACL non-exclusion

Our goods and services may come with guarantees that cannot be excluded under the ACL. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the ACL or any other law that cannot lawfully be excluded, restricted, or modified.

19.2 Limitation for non-major failures of services

Where it is lawful and fair to do so, our liability for a failure to comply with any consumer guarantee in respect of services that are not of a kind ordinarily acquired for personal, domestic, or household use or consumption is limited, at our option, to:

1. supplying the services again; or
2. paying the cost of having the services supplied again.

19.3 Exclusion of indirect loss

To the maximum extent permitted by law, the WildMap Parties are not liable to you for any indirect, incidental, consequential, special, punitive, or exemplary loss or damage, including loss of profits, revenue, business opportunity, goodwill, data, or anticipated savings, however caused (including by negligence), arising out of or in connection with these Terms or your use of the Service.

19.4 Liability cap

To the maximum extent permitted by law, and subject to clauses 19.1 and 19.2, the aggregate liability of the WildMap Parties to you in respect of all claims arising out of or in connection with these Terms or your use of the Service is limited to the greater of:

1. the total Subscription fees actually paid by you in respect of the Service in the 12 months immediately preceding the event giving rise to the claim; or
2. A$100.

19.5 Specific exclusions

Without limiting clauses 19.3 and 19.4, and subject to clause 19.1, the WildMap Parties are not liable to you for any loss or damage arising from:

1. your reliance on Map Data or any other information provided by the Service;
2. the failure, unavailability, or inaccuracy of offline maps, GPS positioning, safety or emergency features, or any network-dependent feature in the field;
3. your conduct in the field, including any decision to hunt, traverse, or otherwise act in reliance on the Service;
4. any act or omission of a third party, including App Store operators, data licensors, and network providers; or
5. any event beyond our reasonable control.

Clause 20Suspension and termination

20.1 Termination by you

You may terminate these Terms at any time by cancelling your Subscription through the relevant App Store and uninstalling the Service. Termination takes effect at the end of your current billing period in accordance with clause 6.4.

20.2 Termination or suspension by us

We may suspend or terminate your access to the Service, in whole or in part:

1. For cause — immediately, if you materially breach these Terms (including clauses 3, 4, 7, 9, or 11), if continued provision of the Service to you would expose us or other users to legal or safety risk, or if required by an App Store, data licensor, or competent authority;
2. For convenience — on not less than 30 days' written notice (which may be given by email or in-app notification), in which case we will pro-rata refund any Subscription fees you have prepaid in respect of the period after termination, where the App Store permits;
3. For non-payment — if your App Store payment fails and is not resolved within the grace period permitted by the relevant App Store.

20.3 Effect of termination

On termination:

1. your right to access and use the Service ends;
2. the licence in clause 8.1 terminates;
3. any locked-in pricing under clause 7.3 is forfeited, except where termination is by us for convenience;
4. we will retain your Content for at least 30 days, during which you may request a reasonable export of your Content, after which we may delete it; and
5. clauses that by their nature are intended to survive termination — including clauses 9 (to the extent of any retained Aggregated Data), 10, 18, 19, 21, 22, and 23 — survive.

Clause 21Dispute resolution

21.1 Notification

If a dispute arises out of or in connection with these Terms or the Service, the party raising the dispute must notify the other party in writing, setting out the nature of the dispute, the outcome sought, and the actions believed appropriate to resolve it.

21.2 Good-faith resolution

The parties must, for at least 30 days after the notice under clause 21.1, attempt in good faith to resolve the dispute through discussion. Neither party may commence formal proceedings in respect of the dispute (other than for urgent interlocutory relief) until that period has elapsed.

21.3 External resolution

If the dispute is not resolved under clause 21.2, either party may refer the dispute to a court of competent jurisdiction in accordance with clause 22, or to any consumer dispute-resolution body with jurisdiction over the dispute under the ACL or other applicable law.

21.4 No effect on App Store rights

This clause 21 does not limit your right to seek a refund or other remedy directly from the relevant App Store under the Platform Terms.

Clause 22Governing law and jurisdiction

These Terms are governed by the laws of Victoria, Australia. You and WildMap submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia, and to courts competent to hear appeals from them, for the resolution of any dispute arising out of or in connection with these Terms or the Service.

Clause 23General provisions

23.1 Entire agreement

These Terms, together with the Privacy Policy and any document expressly incorporated by reference, constitute the entire agreement between you and WildMap in respect of the Service, and supersede any prior representations, warranties, or agreements, whether written or oral, not expressly set out in these Terms. You acknowledge that you have not relied on any representation, statement, or warranty made by or on behalf of WildMap that is not expressly recorded in these Terms.

23.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable in any jurisdiction, that provision will be read down to the minimum extent necessary to be valid, legal, and enforceable, and if it cannot be read down it will be severed without affecting the remaining provisions.

23.3 No waiver

Failure or delay by us in exercising any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver is only effective if given in writing.

23.4 Assignment

You may not assign, novate, or otherwise transfer your rights or obligations under these Terms without our prior written consent. We may assign, novate, or otherwise transfer our rights and obligations under these Terms — including to a successor entity, an acquirer of our business, or an affiliate — without your consent, provided that the transferee assumes our obligations to you on no less favourable terms.

23.5 Force majeure

Neither party is liable for any failure or delay in performance (other than your obligation to pay Subscription fees) caused by an event beyond that party's reasonable control, including natural disasters, fire, flood, pandemic, war, civil unrest, governmental action, internet or telecommunications failure, or the act or default of a third-party service provider.

23.6 Relationship of parties

These Terms do not create any partnership, joint venture, employment, agency, or fiduciary relationship between you and WildMap. Neither party has authority to bind the other.

23.7 Third-party beneficiaries

Other than as set out in clause 15 in favour of Apple, these Terms are not intended to confer any benefit on any person other than you and WildMap, and no third party has any right to enforce any provision of these Terms.

23.8 Notices

Notices to you may be given by email to the address associated with your account, or by in-app notification. Notices to us must be sent by email to info@wildmap.com.au, with a copy by post to the address provided on request under clause 24. A notice given by email is deemed received on the day it is sent, unless a delivery failure is received.

23.9 Electronic communications

You consent to receiving communications from us electronically, including legal notices, in accordance with the Electronic Transactions Act 1999 (Cth).

23.10 Survival

Clauses that by their nature are intended to survive termination of these Terms — including clauses 9 (to the extent of any retained Aggregated Data), 10, 18, 19, 21, 22, and 23 — survive termination.

23.11 Interpretation

Headings are for convenience only and do not affect interpretation. References to "including" and "for example" are non-exhaustive. References to legislation include any successor or replacement legislation. Where these Terms create an obligation on us, that obligation may be performed by Northset or another related entity on our behalf.

Clause 24Contact

Questions about these Terms, or notices required to be given to us, should be directed to:

WILDMAP
A registered partnership of Daniel Burke and Ian Zbiegniewski
ABN 40 386 582 970
Email: info@wildmap.com.au
Postal address: available on request via the email above