Terms of Service
TERMS AND CONDITIONS – PNUTGO PTY LTD.
Effective date: 2nd December 2025
Welcome to PnutGo, taking you to a pet hunt adventure!
PNUTGO PTY LTD (ACN 689 632 273, ABN 15 689 632 273), a company registered in Victoria, Australia (“PNUTGO”, “we”, “us”, “our”). operates an augmented reality (AR) gaming app where users explore real-world locations to discover, capture, and collect virtual animals, characters, and items and meets interactive geocaching. Join expeditions with family and friends or go solo during your lunch break, with new characters unlocked weekly, fresh expeditions added daily, and exciting features like planting and collecting rolling out soon. Whether you're hunting rare finds or planting caches for others to discover, PnutGo turns everyday outings into thrilling adventures.
By downloading, installing, accessing, or using the App, visiting our website, or otherwise engaging with our Services, you agree to be bound by these Terms and Conditions. The following are our terms and conditions:
1. Introduction & Acceptance of Terms
1.1 These Terms of Service (“Terms”) constitute a legally binding agreement between PNUTGO PTY LTD (ACN 689 632 273, ABN 15 689 632 273), a company registered in Victoria, Australia (“PNUTGO”, “we”, “us”, “our”) and you, the individual user (“you”, “your”, or “User”).
1.2 The “Services” include:
(a) the PnutGo mobile application (the “App”);
(b) the website www.pnutgo.com.au (the “Site”);
(c) all related software, servers, features, virtual items, characters, expeditions, geocaching tools, and community functions, whether accessed via iOS, Android, or any future platform.
1.3 By downloading, installing, accessing, registering for, or using any part of the Services, you expressly agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately cease all use and delete the App.
1.4 You represent and warrant that you meet the minimum age rating displayed on the Apple App Store or Google Play Store for the App. Users under 13 should use the Services only with parental supervision and consent. Parents and guardians remain responsible for monitoring the real-world safety of minors.
1.5 We may amend these Terms at any time. Material changes will be notified by email and/or prominent in-app notice at least 30 days in advance. Continued use after the effective date constitutes acceptance.
2. Interpretation & Definitions
2.1 In these Terms (unless the context requires otherwise):
· “Account” means your registered PnutGo profile.
· “Geocache” or “Planted Item” means any virtual or hybrid physical-virtual object placed by a User.
· “Location Data” means precise geolocation information collected from your device.
· “Premium Subscription” means any paid tier (monthly or annual).
· “User Content” means usernames, photos, screenshots, planted geocaches, messages, and any other material you submit.
· “Virtual Items” means characters, animals, coins, badges, skins, and all digital assets within the Services.
2.2 Headings are for convenience only and do not affect interpretation. The singular includes the plural and vice versa.
3. Eligibility & Age Requirements
3.1 You must meet the age rating displayed on the App Store or Google Play Store to use the Services.
3.2 Users under 13 should only use the App with active parental supervision.
3.3 We comply with applicable child-safety and privacy rules (including COPPA, GDPR-K, and Australian Privacy Act children’s provisions). We do not knowingly collect personal information from children under 13 without parental involvement.
4. Account Creation & Security
4.1 To access most features you must create an Account using a valid email address or third-party login (Apple, Google, or future providers).
4.2 You agree to provide accurate, current, and complete information and to keep it updated.
4.3 You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account, whether authorised by you or not.
4.4 You must notify us immediately at contact@pnutgo.com.au of any unauthorised use or security breach.
4.5 We reserve the right to disable, suspend, or terminate any Account at any time for any reason, including breach of these Terms, with or without notice.
5. Licence Granted to You
5.1 Subject to your ongoing compliance with these Terms, PNUTGO grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to: (a) install and use the App on devices you own or control; and (b) access and use the Services for your personal, non-commercial entertainment only.
5.2 This licence does not permit:
– reverse engineering, decompiling, modifying, or creating derivative works;
– renting, leasing, selling, or distributing the App or any Virtual Items;
– removing or altering any copyright or trademark notices;
– using cheats, automation software, bots, hacks, mods, or any unauthorised third-party software designed to modify the Services;
– GPS spoofing, emulator use, or any attempt to falsify your location.
5.3 Any breach of this clause results in immediate termination of the licence and may expose you to civil and criminal liability.
6. Premium Subscriptions & In-App Purchases
6.1 Certain features require a paid Premium Subscription or one-time in-app purchases (“IAP”).
6.2 All payments are processed exclusively through Apple App Store or Google Play Billing. By subscribing, you agree to Apple's App Store Terms and Conditions (available at apple.com/legal/internet-services/itunes/) and Google's Terms of Service (available at play.google.com/about/play-terms/), which govern all in-app purchases, refunds, and subscription management. PNUTGO's policies supplement but do not replace these platform terms. Where Stripe is used, you agree to Stripe’s Terms of Service and policies, which govern payment processing, subscriptions, and refunds.
6.3 Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current period. You may manage or cancel via your App Store or Google Play account settings.
6.4 Except where required by mandatory law (including Australian Consumer Law), all fees are non-refundable. No prorated refunds on cancellation or termination. For Stripe payments, refunds (if any) are handled in accordance with Stripe’s dispute and refund framework, unless required otherwise by Australian Consumer Law.
6.5 We may change pricing with 30 days’ notice. If you do not accept the new price, you may cancel before it takes effect.
7. Virtual Items, Currency & Future Features
7.1 All Virtual Items (characters, animals, coins, badges, skins, expedition passes, etc.) are licensed, not sold. You receive only a limited, revocable right to use them within the Services.
7.2 Virtual Items have no monetary value outside the App and may not be redeemed, sold, transferred, or exchanged for real money or items of value.
7.3 We may modify, rebalance, substitute, or remove any Virtual Item at any time, with or without notice, for game balance, legal, or operational reasons. You are not entitled to any refund or compensation.
7.4 Future features (including but not limited to physical merchandise redemption, NFT integration, or land-ownership mechanics) will be governed by supplemental terms at launch.
8. Real-World Safety & Physical Activity Disclaimer
8.1 You expressly acknowledge and voluntarily assume all risk of personal injury, death, property damage, or other loss that may result from using the Services, including but not limited to:
– walking, running, or travelling in unfamiliar, remote, or hazardous areas;
– crossing roads, encountering traffic, or becoming distracted while using your device;
– exposure to weather, wildlife, terrain hazards, heights, water, or natural obstacles;
– trespassing on private property or entering restricted areas;
– interaction with strangers or other Users;
– any physical exertion or medical events.
8.2 PNUTGO PTY LTD IS NOT RESPONSIBLE FOR YOUR SAFETY. We do not supervise, monitor, or control real-world activities. You are solely responsible for your own safety and for complying with all applicable laws, traffic rules, and property rights.
8.3 PARENTS AND GUARDIANS: You are exclusively responsible for supervising minors and determining whether the Services are suitable for them. Children should never use the App unsupervised.
8.4 To the fullest extent permitted by law (including Australian Consumer Law), PNUTGO, its directors, employees, and agents disclaim all liability for any injury, loss, claim, or damage arising from your use of the Services in the real world.
8.5 Emergency Services Disclaimer: The Services are not designed for emergency response or navigation. Do not rely on the App for directions, safety alerts, or locating emergency services. In any emergency, immediately stop using the App and contact local authorities (e.g., dial 000 in Australia).
9. Geocaching & User-Planted Content Rules
9.1 Certain future features will allow you to “plant” virtual or hybrid physical-virtual Geocaches.
9.2 You represent and warrant that every Geocache you plant: (a) is placed only on property where you have explicit permission or legal right; (b) does not create any safety hazard, environmental harm, or nuisance; (c) complies with all local, state, and federal laws; (d) is not located in prohibited areas (airports, military zones, schools, hospitals, etc.).
9.3 We may remove, disable, or relocate any Geocache at any time without notice or liability.
9.4 You indemnify PNUTGO against any claim, damage, or penalty arising from your planted Geocaches.
10. Prohibited Conduct & Cheating
10.1 You must not (nor assist others to):
– use GPS spoofing, emulators, bots, macros, or any tool to falsify location or automate gameplay;
– create or use multiple accounts for unfair advantage;
– exploit bugs or glitches;
– sell, trade, or transfer Accounts or Virtual Items outside the Services;
– harass, stalk, threaten, or harm other Users;
– transmit viruses, malware, or harmful code;
– engage in commercial activity within the Services without our written consent.
10.2 Any violation may result in immediate permanent termination of your Account and all Virtual Items, without refund.
11. User Content Licence & Moderation Rights
11.1 You retain ownership of your User Content, but you grant PNUTGO an irrevocable, perpetual, worldwide, royalty-free, sublicensable licence to use, copy, modify, distribute, display, and create derivative works of your User Content for any purpose (including marketing and improving the Services).
11.2 We may monitor, review, edit, or remove any User Content at our sole discretion, with or without notice.
11.3 You are solely responsible for your User Content and any consequences of posting it.
12. Community Guidelines & Code of Conduct
12.1 Prohibited behaviour includes (without limitation): hate speech, discrimination, doxxing, sexual content, real-world threats, or impersonation.
12.2 We may issue warnings, temporary mutes, or permanent bans for violations.
13. Intellectual Property Ownership
13.1 All content in the Services except User Content (including characters, artwork, music, code, trademarks, and the “PnutGo” name and logo) is owned by or licensed to PNUTGO PTY LTD and protected by Australian and international copyright, trademark, and other laws.
13.2 You may not copy, distribute, or create derivative works without our prior written permission.
13.3 Copyright infringement claims: follow our DMCA/takedown process at contact@pnutgo.com.au.
14. Third-Party Services & Links
14.1 The Services integrate with or link to third-party services including Apple App Store, Google Play, Google Maps, social media platforms, and payment processors.
14.2 Your use of such third-party services is governed by their respective terms and privacy policies. We are not responsible for their availability, accuracy, or conduct.
14.3 We may receive compensation from third parties for sponsored expeditions or advertisements
15. Privacy & Data Collection
15.1 Your privacy is governed by our separate Privacy Policy (www.pnutgo.com.au/privacy), which is incorporated into these Terms by reference.
15.2 By using the Services, you consent to the collection, use, and disclosure of your information (including precise Location Data) as described therein.
15.3 You acknowledge that continuous or background location access is essential for core gameplay features. You must explicitly grant "Always" location permission during onboarding. Location data is encrypted in transit and stored securely per our Privacy Policy. You may revoke access anytime via device settings, though this may impair or disable gameplay functionality.
16. Advertising & Sponsored Content
16.1 The free tier of the App contains advertisements. Premium/Elite tiers are ad-free or reduced-ads.
16.2 We may display sponsored expeditions, branded virtual items, or partnered real-world events.
16.3 You may not block, hide, or interfere with advertisements using ad-blockers or other tools.
17. Termination & Suspension
17.1 You may terminate your Account at any time via Settings → Delete Account.
17.2 We may suspend or terminate your Account and access to the Services immediately, without notice or liability, for any reason, including but not limited to breach of these Terms, cheating, abusive behaviour, or illegal activity.
17.3 Upon termination:
(a) all licences and rights granted to you cease immediately;
(b) you lose access to all Virtual Items and progress (no refund or restoration);
(c) sections intended to survive termination (including 7, 8, 11, 13, 19, 20, 21, 22, 25) remain in full force.
18. Disclaimers of Warranty
18.1 To the maximum extent permitted by law, the Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, uptime, accuracy, or non-infringement.
18.2 We do not warrant that the Services will be uninterrupted, error-free, virus-free, or that Virtual Items will always be available.
18.3 Australian Consumer Law note: Where non-excludable guarantees apply, our liability is limited (at our option) to resupplying the Services or payment of the cost of resupply.
19. Limitation of Liability (MAXIMUM PROTECTION)
19.1 To the fullest extent permitted by law (including Australian Consumer Law), in no event shall PNUTGO PTY LTD, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, goodwill, data, or personal injury, even if advised of the possibility.
19.2 Our total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the greater of:
(a) the amount you paid us in the twelve (12) months prior to the event giving rise to the claim; or
(b) AUD $100.
19.3 The above limitations apply even if any remedy fails of its essential purpose.
20. Indemnification
20.1 You agree to defend, indemnify, and hold harmless PNUTGO PTY LTD and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:
(a) your breach of these Terms;
(b) your User Content or planted Geocaches;
(c) your real-world activities while using the Services; (d) your violation of any law or third-party rights.
21. Class Action Waiver & Informal Dispute Resolution
21.1 Any dispute must first be addressed through good-faith negotiation (email notice to contact@pnutgo.com.au).
21.2 If unresolved within 30 days, disputes shall be resolved by binding individual arbitration under the Australian Centre for International Commercial Arbitration (ACICA) Expedited Rules in Sydney, Australia.
21.3 You waive any right to participate in class actions, class arbitrations, or representative proceedings.
22. Governing Law & Jurisdiction
22.1 These Terms are governed by the laws of Victoria, Australia, without regard to conflict-of-law principles.
22.2 Subject to clause 21, the courts of Victoria have non-exclusive jurisdiction over any dispute arising out of or connected with the Services.
22.3 Mandatory consumer protection laws in your jurisdiction continue to apply where they cannot be excluded.
23. Export Control & Sanctions Compliance
23.1 You represent that you are not located in a country subject to Australian, U.S., EU, or UN sanctions, and you are not on any denied-party or sanctioned-entity list.
23.2 You will not use the Services for any purpose prohibited by export control laws.
24. Changes to Terms & Notice
24.1 We may modify these Terms at any time.
24.2 Material changes: 30-day advance notice via email and in-app banner.
24.3 Non-material changes: posted on the Site/App. Continued use = acceptance.
25. Miscellaneous Provisions
25.1 Entire Agreement
These Terms, together with the Privacy Policy, Community Guidelines, and any additional agreements or disclosures referenced within them, form the complete and exclusive agreement between you and the Company regarding your use of the Platform. They supersede all prior or contemporaneous understandings, communications, or agreements, whether written or oral, relating to the same subject matter.
25.2 Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable by a court or authority of competent jurisdiction, that provision will be enforced to the maximum extent permitted by applicable law. The remaining provisions will remain valid and enforceable, and the invalid portion will not affect the validity of the rest of the Terms.
25.3 No Waiver
No failure or delay by the Company in exercising any right, power, or remedy under these Terms operates as a waiver of that right. Any waiver must be expressly stated in writing. A single or partial exercise of a right does not prevent the future exercise of that or any other right.
25.4 Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section is void. We may assign, transfer, or delegate our rights and obligations at our discretion, including as part of a merger, acquisition, sale of assets, restructuring, or by operation of law.
25.5 Force Majeure
We are not responsible for any failure to perform or delay in performing our obligations where the cause is an event or circumstance beyond our reasonable control. This includes natural disasters, acts of God, war, terrorism, civil unrest, embargoes, labor disputes, supply chain disruptions, power failures, internet outages, changes in law, or other events that could not reasonably have been foreseen or prevented. Our performance will resume once the force majeure event ends.
PNUTGO PTY LTD
PNUTGO PTY LTD
Email: contact@pnutgo.com.au
ACN: 689 632 273
ABN: 15 689 632 273
TFN: 303 496 446
— END OF TERMS OF SERVICE —