Terms of Service
Last updated: March 2025
1. Acceptance of Terms
By downloading, installing, or using the SunDrive iOS application or website (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service.
2. Eligibility
You must be at least 13 years of age to use SunDrive. By using the Service, you represent that you meet this requirement. If you are between 13 and 18, you represent that you have parental or guardian consent.
3. Your Account
- You are responsible for maintaining the confidentiality of your account credentials.
- You are responsible for all activity that occurs under your account.
- You must provide accurate information when creating your account.
- We reserve the right to suspend or terminate accounts that violate these Terms.
4. User-Generated Content
4.1 Your Content
You retain ownership of content you create and submit to SunDrive (“Your Content”), including routes, ratings, reviews, and photos.
4.2 Licence to SunDrive
By submitting content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to use, reproduce, modify, display, and distribute Your Content in connection with operating and improving the Service. This licence ends when you delete Your Content, except where it has been shared with or incorporated into other users’ activities.
4.3 Content Standards
You agree that Your Content will not:
- Be false, misleading, or inaccurate (including inaccurate route information)
- Promote reckless, dangerous, or illegal driving behaviour
- Violate any road rules or encourage others to do so
- Contain hate speech, harassment, or discriminatory content
- Infringe any third party’s intellectual property rights
- Contain spam, advertising, or unsolicited commercial messages
- Violate any applicable Australian or international laws
4.4 Safety and Accuracy
Route information on SunDrive is user-generated and may not be current or accurate. Always obey road rules, speed limits, and signage. SunDrive is not responsible for road conditions, route accuracy, or driving outcomes. You drive at your own risk.
5. Prohibited Conduct
You agree not to:
- Use the Service to engage in any illegal activity
- Attempt to gain unauthorised access to SunDrive systems or other users’ accounts
- Scrape, copy, or reproduce content from the Service without permission
- Impersonate any person or entity
- Upload malware, viruses, or malicious code
- Interfere with the proper functioning of the Service
- Create multiple accounts to circumvent a suspension
6. Navigation and Driving Safety
IMPORTANT SAFETY NOTICE
SunDrive provides navigation assistance as a convenience only. You must at all times:
- Comply with all Australian road laws, speed limits, and traffic regulations
- Never use your device in a manner that violates distracted driving laws — use a mount and do not hold your device while driving
- Use your own judgement about road conditions, weather, and safety
- Not rely solely on SunDrive navigation for critical driving decisions
SunDrive is not a replacement for official navigation or local road authority information.
7. Intellectual Property
The SunDrive name, logo, app design, and all original content created by us are our intellectual property. You may not use our trademarks, branding, or content without prior written permission.
8. Third-Party Services
SunDrive integrates with third-party services including Apple Maps/MapKit and Google services. Your use of those services is subject to their respective terms and privacy policies.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE EXTENT PERMITTED BY AUSTRALIAN LAW, WE EXCLUDE ALL CONDITIONS AND WARRANTIES THAT MAY BE IMPLIED BY LAW.
10. Limitation of Liability
To the maximum extent permitted by law, SunDrive’s total liability to you for any claim arising from your use of the Service will not exceed AU$100 or the amount you paid us in the preceding 12 months, whichever is greater.
We are not liable for any indirect, incidental, special, or consequential loss or damage arising from your use of the Service or reliance on route information.
Nothing in these Terms excludes rights that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
11. Indemnification
You agree to indemnify and hold harmless SunDrive, its officers, directors, and employees from any claims, damages, or expenses (including legal fees) arising from your use of the Service, Your Content, or your violation of these Terms.
12. Termination
We may suspend or terminate your account at any time for violation of these Terms. You may delete your account at any time through the app settings. Upon termination, your licence to use the Service ends immediately.
13. Changes to Terms
We may modify these Terms at any time. We will provide notice of material changes via the app or by email. Continued use of the Service after changes constitutes acceptance.
14. Governing Law
These Terms are governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria.
15. Contact
For Terms-related enquiries:
Email: legal@sundrive.app