Terms and Conditions
1. What these terms are
These terms are a contract between you and Lowburn Ventures Limited ("PaceMate", "we", "us"). They govern your use of PaceMate, a New Zealand average-speed pace-awareness app for Android, and the account and sync services behind it. PaceMate is currently an invite-only beta. These terms keep applying to later releases of PaceMate unless we replace them with a new version (see section 14).
2. How you accept these terms
When you sign in, the app asks you to tick a box that says "I agree to the Terms and have read the Privacy Policy". By ticking it you accept these terms. If you don't agree, don't tick the box and don't use PaceMate. We record the version of these terms you accepted, when you accepted, and your app version. If we publish a new version, the app will ask you to accept it again before you continue.
The Privacy Policy is a notice that explains how we handle your personal information. It is not part of this contract, and your ticking the box is not a consent to the collection of personal information. Please read it.
3. Who can use PaceMate
To use PaceMate you must:
- be at least 16 years old;
- hold a current driver licence that allows you to drive in New Zealand; and
- be able to enter into a legally binding contract.
If you stop meeting any of these, you must stop using PaceMate. While PaceMate is in beta, you also need an invitation.
4. Your account
- You sign in with your email address and a six-digit one-time code we email to you. There is no password. Give us an email address that is yours and that you can access.
- Keep your email account and your phone secure. Anyone who can read your sign-in codes or use your signed-in phone can use your PaceMate account, and you are responsible for what happens through it.
- An account is for one person. Don't share it, and don't use someone else's.
- You can delete your account in the app at any time (Settings, then Account, then "Delete my account"), or by emailing us. What happens to your information when you do is described in the Privacy Policy.
5. What PaceMate is, and isn't
PaceMate is a pacing aid. It helps you hold a steady, legal average speed over a known route (a "zone") by comparing elapsed distance and time against the posted limit. PaceMate is explicitly not:
- a speed-camera detector,
- an enforcement-evasion tool, or
- a certified or calibrated speedometer replacement.
You must not use PaceMate, and PaceMate must not be marketed or represented, as a way to detect or evade law-enforcement activity. That is not what it is for, and using it that way is outside the acceptable use of PaceMate.
6. No guarantee of accuracy
PaceMate is in beta. Pace calculations, zone boundaries, and posted-limit data may be wrong, out of date, or missing for a given road. PaceMate is provided as a pacing aid only: you are solely responsible for your own speed and for complying with the law, regardless of what PaceMate shows. Do not rely on PaceMate as your sole source of truth about your actual speed, the applicable speed limit, or your legal compliance. Watch the road, watch the posted signage, and drive to the conditions.
PaceMate may also not detect a zone, alert you, or start tracking every time. For example, it can't if location or notifications are turned off, if a permission it needs is missing, or if your phone delays or withholds location updates. When PaceMate can't start on its own, it may show an alert you can tap to start tracking.
7. Using PaceMate safely
Driving safely and lawfully always comes first. Set PaceMate up (choose your zone, check your permissions and settings) before you start driving. Don't handle your phone or interact with the app while driving in any way that distracts you or is unlawful. If something needs your attention while you are moving, pull over safely first.
8. Acceptable use
You agree not to:
- use PaceMate to detect, evade, or interfere with law-enforcement activity;
- use PaceMate in a way that encourages or facilitates speeding;
- attempt to reverse-engineer, resell, sublicense, or redistribute PaceMate, except to the extent the law doesn't allow us to stop you;
- share your invite or account access with anyone not personally invited to the beta;
- interfere with or attempt to gain unauthorised access to our systems, or send us false or harmful data; or
- use PaceMate while its use would itself be unsafe or unlawful (for example, in a way that distracts you from driving).
9. Access, availability, and changes during the beta
PaceMate is currently an invite-only beta. We may add, change, remove, or break features at any time without notice, and we may suspend or revoke your access at any time, for any reason, including if we believe these terms have been breached. PaceMate is not guaranteed to be available continuously, and we may end the beta program entirely.
10. Intellectual property
We own PaceMate, including the app, the services behind it, and our zone dataset (the zone and route data we compile and ship with the app), along with all intellectual property rights in them. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the app on your own Android device, for your own personal use, in line with these terms. We keep all rights we don't expressly give you. You may not copy, extract, or republish the zone dataset.
11. Feedback
If you send us feedback, bug reports, or suggestions about PaceMate, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback to improve PaceMate in any way, without any obligation to credit or compensate you. Feedback sent through the app's "Report a problem" feature is handled as described in the Privacy Policy.
12. Third-party services and terms
PaceMate runs on Android and is distributed through Google Play, and it relies on your device's location and notification services. Your use of those is also subject to Google's and your device maker's own terms and policies, which we don't control. Mobile data charges from your provider are your responsibility. We are not responsible for third-party services or data, or for them being unavailable or inaccurate, except where the law says we are.
13. No warranty; limitation of liability
PaceMate is provided "as is" and "as available," without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or accuracy. To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages arising from your use of PaceMate, including any traffic infraction, fine, accident, or loss arising from reliance on PaceMate's pace or zone data. Nothing in these terms excludes any right you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot lawfully be excluded; where it can be, our liability is limited to re-supplying the service.
14. Changes to these terms
We may change these terms. If we make a material change, we will publish a new version (with a new version number and an updated date at the top of this page) and tell you in the app, and the app will ask you to accept the new version before you carry on using PaceMate. If you don't accept the new version, you must stop using PaceMate. We may make minor corrections that don't affect your rights without asking you to accept again.
15. Ending your use; what survives
You may stop using PaceMate and delete your account at any time. We may terminate or suspend your access at any time as described in section 9, or if you breach these terms. When your access ends, your licence to use the app ends. Sections 5, 6, 8, 10, 11, 13, 15, 16 and 17 survive termination, along with any other part that by its nature is meant to continue.
16. General
- Entire agreement. These terms are the whole agreement between you and us about PaceMate and replace anything said or agreed before about it.
- Severability. If a part of these terms is found to be unenforceable, the rest still applies.
- No waiver. If we don't enforce a right straight away, we haven't given it up.
- No assignment by you. You may not transfer your rights or obligations under these terms to anyone else. We may transfer ours as part of a sale or reorganisation of our business.
- Notices. We may give you notice by email to the address on your account or in the app. You can give us notice at [email protected].
17. Governing law
These terms are governed by the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the New Zealand courts.
18. Contact
Questions about these terms can be sent to [email protected]. How we handle your personal information is covered in our Privacy Policy.