Terms of Sale and Use

These terms are an agreement between you and XTO Pty Ltd (ACN 702 801 410), trading as mapbow ("we", "us"), of L1 457 Elizabeth Street, Surry Hills, NSW 2010, Australia. By using this website or buying from us you agree to them. If you use mapbow for an organisation, you confirm you are authorised to agree on its behalf.

1. The service

mapbow is an online map maker. You can create interactive maps; draw points, lines, shapes and labels; import your own files; add images; use measurement and analysis tools; add built-in data layers of places and boundaries by country; and share maps with a link, embed them on websites, or (after a purchase) export them.

We may improve, change or remove features over time. We will not remove a data layer you have bought from your account while mapbow operates, although its contents are updated with each data release (see section 7).

2. Your account

• You may start making maps without an account. To save maps to your account, share them, or buy anything, you need a free account.
• Give us accurate details and keep your password secure. You are responsible for activity on your account.
• You must be at least 16 years old, or have a parent or guardian's permission, to create an account.
• Tell us promptly at [email protected] if you think someone has accessed your account without permission.

3. Your maps and content

You own your content. The maps, drawings, text, labels, files and images you create or upload ("your content") remain yours.

Permission to host it. You give us a worldwide, non-exclusive, royalty-free licence to store, copy, process, display and transmit your content as needed to run the service – for example to save your map, show it to the people you share it with, display it in embeds, generate previews and exports, and keep backups. If you list a map in the public gallery, you also allow us to show it, its title, description and preview image in the gallery and in search results. This licence ends when you delete the content, except for copies in routine backups (deleted on their normal cycle) and maps others have already embedded, which stop loading once deleted.

Visibility. Maps are private to you until you share them. A shared link or embed can be viewed by anyone who has it. Only maps you choose to list in the gallery are public and may be indexed by search engines.

Your responsibilities. You must have the right to upload and share your content. Your content must not:

• infringe anyone's copyright, trade marks, privacy or other rights;
• contain personal information about others (such as home addresses) without a lawful basis;
• be unlawful, defamatory, hateful, harassing, sexually explicit or promote violence;
• contain malware, phishing or deceptive content, or impersonate another person or organisation;
• be spam, or exist mainly to manipulate search engines.

Takedown. We may remove or make private any content that breaches these terms or that we are legally required to remove, and we may suspend repeat offenders. To report content, email [email protected] with the map link and the reason.

4. Built-in data layers

A data layer is one type of place or boundary for one country – for example "Hospitals · Australia". Each map may include up to two data layers you have not bought, free of charge. Data layers you buy are not counted toward that limit and can be used in any number of your maps.

A Country Pass unlocks every data layer type available for one country, including types added to that country later.

Your use of data layers, including exported data, is governed by the Data Licence & Attributions, which forms part of these terms.

5. Prices and payment

Prices are shown on the pricing page and at checkout, in US dollars. Payment is made through Stripe Checkout. For these sales Stripe may act as the merchant of record (Stripe Managed Payments) and calculate and collect any sales tax, VAT or GST that applies where you live; any tax is shown at checkout. Stripe processes your card – we never see or store your full card details. Your bank may charge currency conversion or other fees.

Your order is complete when payment is confirmed. We may cancel and refund an order if we reasonably suspect fraud or the payment is reversed. We may change prices at any time; a change never affects an order you have already paid for.

6. Delivery

Delivery is digital and immediate: as soon as payment is confirmed, the layers you bought unlock on your account and exports become available. Nothing is posted. If something doesn't unlock, email [email protected].

7. Data updates and accuracy

We refresh the built-in data periodically. Updates can add, change or remove individual places and boundaries, and the number of features in a layer will change. We do not guarantee that any layer contains a particular place, attribute or level of completeness.

The data is compiled from open geographic sources and is large; errors and omissions occur. To the extent permitted by law, data layers, basemaps and tool results (such as distances and areas) are provided "as is", as general reference information. They are not survey-grade, legal boundary, navigation or emergency information. Check anything critical against an authoritative source.

8. Refunds

Change of mind. Purchases unlock instantly and can be previewed free on the website beforehand (every country page shows counts and a preview, and two layers per map can be used free), so we don't offer change-of-mind refunds.

Faulty or not as described. If a layer you bought is materially not as described, or doesn't work, email [email protected]. We will fix the problem or, if we can't within a reasonable time, refund you.

Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law, or under the consumer laws of your country, that cannot lawfully be excluded.

If a payment is refunded or reversed, the layers it unlocked are removed from your account.

9. Sharing, embedding and the badge

You may share and embed your maps on any website or app, including commercial ones. Shared and embedded maps display a "Made with mapbow" credit and the attributions required by the data and basemap providers. You must not hide, remove or obscure those attributions.

10. Basemaps and third-party services

Basemaps, satellite imagery, terrain and place search are provided by third parties and are subject to their own terms and usage policies. They may change or become unavailable, and we may replace them. You must not use mapbow to bulk-download or cache third-party map tiles.

11. Acceptable use

You must not:

• access accounts, maps, files or systems you are not authorised to access;
• scrape, crawl or bulk-download data layers, previews or other content, or try to rebuild our datasets outside the export features;
• share your account, or resell access to the service;
• overload, probe or interfere with the security or operation of the site;
• use the service for anything unlawful.

We may suspend access that breaches these terms. We aim to keep the service available but don't guarantee it will be uninterrupted or error-free.

12. Limitation of liability

To the extent permitted by law:

• our total liability to you for any claim connected with the service or these terms is limited to the amount you paid us in the 12 months before the claim (or US$50 if you have paid nothing);
• we are not liable for indirect or consequential loss, or for loss of profits, revenue, data, business or goodwill;
• where the Australian Consumer Law applies and the service is not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to comply with a consumer guarantee is limited to supplying the service again or paying the cost of having it supplied again.

Nothing in this section limits liability that cannot be limited by law.

13. Intellectual property

We and our licensors own the intellectual property in the website, the studio, its design and code, and the mapbow name and logo. Data layers are licensed to you as described in the Data Licence. You own your content (section 3).

14. Closing your account

You can close your account at any time by emailing us; your maps and uploads are then deleted. We may close an account that seriously breaches these terms, after giving you a reasonable chance to fix the breach where it can be fixed. No refund is payable on termination for breach, except where the law requires it. Sections that by their nature should continue survive termination.

15. Privacy

We handle personal information as described in our Privacy Policy.

16. Changes to these terms

We may update these terms. The version on this page when you place an order applies to that order. If we make a significant change, we will tell account holders by email.

17. Governing law

These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts that can hear appeals from them. If you are a consumer living elsewhere, you also keep any rights given to you by the mandatory laws of your country.

18. Contact

XTO Pty Ltd (ACN 702 801 410), L1 457 Elizabeth Street, Surry Hills, NSW 2010, Australia. Email [email protected].