Byte and Bite Innovations Pty Ltd.

Terms and Conditions

Effective: 24 July 2026

TERMS AND CONDITIONS

These Terms and Conditions (Terms) govern your access to and use of the Split-it mobile application and the website at thesplitit.com (together, the App), provided by Byte and Bite Innovations Pty Ltd. (ACN 699477766) trading as Byte and Bite Innovations (Split-it, we, us or our).

Please read these Terms carefully.

By creating an account, accessing or using the App, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference and is available at thesplitit.com/privacy-policy. If you do not agree to these Terms, do not use the App.

Words and phrases in bold are defined where they first appear or in section 23 (Definitions).

1. ACCEPTANCE OF THESE TERMS

(a)These Terms form a legally binding agreement between you and Split-it. They apply each time you access or use the App.

(b)We may amend these Terms in accordance with section 19. Your continued use of the App after the updated Terms take effect constitutes acceptance of the revised Terms.

(c)If you are using the App on behalf of a business or other entity, you confirm that you have authority to bind that entity to these Terms.

2. ELIGIBILITY

(a)To use the App, you must:

(i)be at least 18 years of age;
(ii)be located in Australia or be a visitor to Australia at the time of use;
(iii)have the legal capacity to enter into a binding agreement; and
(iv)not have been previously suspended or removed from the App by us.

(b)If we discover that any of these conditions are not met, we may suspend or terminate your account without notice.

(c)The App is not an ‘age-restricted social media platform’ within the meaning of the Online Safety Act 2021 (Cth) as amended by the Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth). It is designed for adults aged 18 and over and does not target or permit accounts for persons under 18.

(d)We may, at any time and at our discretion, require you to verify your identity, your age, your right to be in Australia or any other information you have provided to us. We may suspend your access to all or part of the App until that verification is satisfactorily completed. Verification may be carried out by us or by a third party identity verification provider on our behalf.

(e)If you are registering or using the App on behalf of a business or other entity, you warrant that you are at least 18 years of age, that you have full authority to bind that entity to these Terms and that all information provided about the entity is accurate. You will indemnify Split-it for any loss arising from a breach of this warranty.

(f)If we become aware that an account has been created or used by a person under 18 years of age, we will close the account and may, where required, notify the eSafety Commissioner or other relevant authority. Parents and guardians who become aware of an account created by a person under 18 should contact us at support@thesplitit.com.

3. YOUR ACCOUNT

(a)To access most features of the App you must create an account by providing accurate, current and complete information, including your real name.

(b)You are responsible for:

(i)maintaining the accuracy of your account information;
(ii)keeping your login credentials confidential and secure;
(iii)all activity that occurs under your account, whether or not authorised by you; and
(iv)notifying us at support@thesplitit.com immediately if you suspect unauthorised use of your account or any breach of account security.

(c)You must not:

(i)create more than one account for yourself;
(ii)create an account using a false identity or another person’s details;
(iii)share your account credentials with any other person; or
(iv)transfer your account to another person without our prior written consent.

(d)We may suspend or terminate any account that we reasonably believe has been created or used in breach of these Terms.

(e)We may require you to enable multi-factor authentication or other additional security measures as a condition of using particular features of the App. You must keep you must update those details promptly if they change.

(f)You are responsible for all activity that occurs under your account, including any expense or payment instruction recorded under your account, whether by you or anyone you have permitted to use your account. You agree to indemnify Split-it for any loss arising from unauthorised use of your account that results from your failure to keep your credentials confidential or to notify us promptly of suspected unauthorised access.

(g)If your account remains inactive for a continuous period of 24 months, we may, after providing reasonable notice to , deactivate or delete the account. Deactivation does not affect any obligation that has accrued before deactivation.

(h)You must not sell, rent, license, sub-let or otherwise commercialise access to your account. Where we identify that an account is being used in a way that is inconsistent with personal, individual use, we may suspend or terminate the account.

4. THE APP AND OUR ROLE

4.1 What Split-it does

(a)The Split-it mobile application and any related website at thesplitit.com (together, the App) is a tool that helps friends, household members and other groups record shared expenses, calculate who owes what, and settle balances between themselves.

(b)Split-it provides the App and the underlying technology that allows you to log expenses, divide them between participants, view running balances, follow other users you have added as friends, and (where you choose to) display payment details to those friends so they can settle directly with you outside the App.

4.2 What Split-it is not

Split-it is a record-keeping and facilitation tool only. Split-it:

(a)does not provide, control or guarantee any payment service and is not a payment system operator within the meaning of the Payment Systems (Regulation) Act 1998 (Cth);

(b)does not at any point hold, pool, route, process, settle or have custody of any money or funds passing between users;

(c)does not act as agent for any user, does not collect debts on behalf of any user, and is not party to any contract, debt, gift or other obligation that may arise between users in connection with an expense logged in the App;

(d)does not provide financial product advice, credit, payment processing, banking, deposit-taking or any other financial service, and does not hold (nor is it required to hold) an Australian Financial Services Licence or an Australian Credit Licence;

(e)does not verify, monitor or guarantee the accuracy of any expense entered into the App, any allocation of an expense between users, any payment said by a user to have been made or received, or any PayID or other payment detail entered into the App by a user;

(f)is not responsible for any communication, agreement or transaction between users that occurs outside the App; and

(g)is not responsible for any conduct of any user, on or off the App, including any failure by a user to pay an amount they have agreed (or are said to have agreed) to pay.

4.3 App availability and changes

(a)The App relies on third party infrastructure and services, including hosting providers, telecommunications carriers, push notification gateways and (in future) third-party payment processors selected by us. Split-it is not liable for any unavailability, error, delay or loss caused by a failure or change in any third party service. We may add, change or remove third party providers at any time.

(b)We endeavour to make the App available at all times, but we do not guarantee uninterrupted access. The App may be unavailable from time to time due to maintenance, updates, technical issues or circumstances beyond our control. We may modify, update, suspend or discontinue any feature of the App at any time. Where a change materially affects your use of the App, we will use reasonable efforts to notify you in advance.

(c)From time to time we may release features labelled as “beta”, “preview”, “trial” or similar. Those features are provided on an as-is basis, may contain defects, may be changed or withdrawn without notice and are excluded from any service standards or representations we make about the App generally.

(d)You are responsible for obtaining and maintaining the device, operating system, internet connection and software needed to access the App. We may set minimum technical requirements (including supported versions of iOS, Android and web browsers) and you may not be able to access the App, or some features of it, if your device does not meet those requirements.

(e)We may, at our discretion and with reasonable prior notice (where reasonably practicable), discontinue the App in whole or in part, withdraw the App from a particular region or device class, or migrate it to a different provider or technology. Subject to the Australian Consumer Law, no compensation is payable to you for any such change.

5. EXPENSES, BALANCES AND FRIENDS

5.1 Logging expenses

(a)The App allows you to record expenses you have paid for, or shared with, other users. When you log an expense, you specify the total amount, the participants involved, the way the expense should be split, and any related category, description or note.

(b)You are responsible for the accuracy of every expense, allocation and note you enter into the App. Split-it does not verify the accuracy of any expense or allocation and is not responsible for any dispute between users about whether an expense is correct, whether a participant agreed to it, or whether the allocation is fair.

(c)Where you log an expense that involves other users, you authorise Split-it to display that expense (including the total amount, the allocation and any description or note) to those users through their own copy of the App.

5.2 Balances

(a)The App calculates running balances between users based on the expenses entered into it. A balance shown in the App is a record of what the App has calculated from the entries made by users. It is not a determination of any legal debt and is not a statement by Split-it that any amount is in fact owed.

(b)A balance does not become a payment until a user actually transfers money to the relevant other user using a payment method outside the App. The App does not move money and does not settle a balance, regardless of how a balance is marked in the App.

5.3 Friends and contacts

(a)You may add another user as a friend in the App so that you can include them in expenses, view shared balances and (if they have chosen to display it) view their PayID. Adding a user as a friend, and accepting a friend request from another user, is voluntary and may be removed by either user at any time.

(b)You must not add another person as a friend, or include another person in an expense, without that person’s consent. You warrant that any contact details you provide for another person have been provided lawfully and that the person has consented to being contacted by Split-it in connection with your use of the App.

(c)Split-it may, where reasonably practicable, suggest contacts to add as friends based on information you have provided (for example, from your mobile address book where you have given permission for the App to access it). You can decline any suggested contact and can withdraw the App’s access to your address book at any time through your device settings.

5.4 Disputes between users

(a)Any dispute between users about an expense, an allocation, a payment said to have been made, or a balance shown in the App, is a matter between the users involved. Split-it is not a party to any such dispute and is not responsible for resolving it.

(b)Split-it may, but is not obliged to, retain records of expenses, allocations, balances and other information entered into the App, and may make those records available to a user who has been a participant in the relevant expense where we reasonably consider that doing so would assist with resolution of a dispute.

6. PAYMENTS

6.1 No handling of funds by Split-it

(a)Split-it does not at any point handle, hold, pool, route, process or settle any money passing between users. Every payment between users in connection with the App is made directly between the users themselves, using a payment method that they choose and operate outside the App.

(b)Where the App displays a balance, a settlement option or any other amount, that display is a record-keeping aid only. It does not move money and is not a payment instruction given by, or to, Split-it.

6.2 PayID

(a)The App allows you to choose to enter a PayID (a mobile number or email address registered with your Australian financial institution under the NPP PayID service) into your profile so that other users you have added as friends can use it to pay you directly.

(b)You decide whether to enter a PayID. Entering a PayID is optional. You can remove or change the PayID stored against your profile at any time through your account settings.

(c)By entering a PayID into the App, you:

(i)confirm that the PayID is yours, is registered to you with your financial institution under the PayID service, and that you have authority to share it for the purposes of receiving payments;
(ii)consent to the PayID being stored by Split-it in our database for the purpose of displaying it to your friends within the App; and
(iii)consent to the PayID being displayed within the App to any user who has been added as a friend by you, or who you have added as a friend, so that the friend may use the PayID to send you payment.

(d)We treat your PayID as personal information. The way we collect, hold, use and disclose your PayID is set out in our Privacy Policy.

(e)You acknowledge that displaying a PayID to a friend in the App is functionally equivalent to giving the friend that PayID by any other means (for example, by text message). Once a PayID is displayed, the friend may use it on the NPP PayID network, and that use is not within Split-it’s control.

(f)Split-it does not verify that a PayID entered by a user is correct, is current or actually belongs to that user. If you send money using a PayID displayed in the App, you are responsible for confirming the recipient details shown by your financial institution before authorising the payment.

6.3 Opening your bank app from Split-it

(a)Where you have entered a PayID into the App, the App may offer a feature that, when activated, opens a banking or payment app installed on your device so that you can complete a payment to a friend. Tapping that option in the App does not move any money. It is a convenience feature only that hands control over to your selected bank or payment app.

(b)Any payment you make through your bank or payment app is made by you, on the terms of that app and the terms of your financial institution. Split-it has no role in authorising, processing, settling, recording or otherwise effecting that payment, and is not responsible for any error, delay, loss, failure, fraud or other consequence arising from it.

(c)You are responsible for keeping your banking and payment apps secure, including by setting and protecting any PIN, biometric or other authentication. Split-it is not responsible for any payment made (or any unauthorised payment made) through a banking or payment app that you have chosen to open from the App.

6.4 Marking a payment as made

(a)The App may allow you, or a friend, to mark a balance as paid or settled. Marking a balance in the App is a record-keeping action only. It is not a representation by Split-it that any payment has in fact been made or received and it does not create, vary or discharge any legal obligation between users.

(b)Each user is responsible for confirming, through their own bank or payment app, whether a payment has actually been received. Where there is any inconsistency between a record in the App and the records of a user’s financial institution, the records of the financial institution prevail as between the users.

6.5 Future integrated payment services

(a)We may, in the future, integrate one or more third-party payment service providers (for example, Stripe Payments Australia or Square) into the App to allow users to send and receive payments through the App. If and when we do so, the use of that integrated payment service will be subject to additional terms, including the terms of the relevant payment service provider.

(b)Where an integrated payment service is added, we will give you notice through the in App message before the service is made available to you, and you will be required to accept the additional terms before using the service. We may charge a transaction fee for use of an integrated payment service. Any such fee will be clearly disclosed before you use the service.

(c)Until an integrated payment service is added and you have accepted its additional terms, no payment between users occurs through the App, regardless of any feature, button or label within the App, as confirmed in section 6.1.

(d)You are responsible for any tax consequence of an expense, payment or transfer recorded or facilitated through the App. Split-it does not provide tax advice.

7. NOTIFICATIONS AND MARKETING COMMUNICATIONS

7.1 Transactional and account notifications

(a)The App sends notifications relating to your account and your use of the App, including expense alerts when you have been added to an expense, balance updates, friend requests, security alerts and notifications essential to the safe use of the App (Transactional Notifications). Transactional Notifications cannot be disabled while you continue to use the App.

(b)Notifications are delivered through your device's push notification service, or by SMS. We do not guarantee that any notification will be delivered, will be delivered at a particular time, or will be delivered without delay. You should not rely on push notifications, SMS or email for any time-critical purpose.

7.2 Marketing communications and consent

(a)When you sign up to the App, you may give us your express consent to receive marketing communications from us. The consent wording shown to you at signup is set out in the App and may, from time to time, be updated. The current consent wording allows us to send you product updates, tips, re-engagement nudges (including nudges sent to users who have not opened the App for a period set by us, currently 14 days) and other marketing communications about Split-it.

(b)Where you have given us that consent, you authorise us to send you marketing communications by push notification, in-app message, or SMS. We will only send marketing communications to you on a channel that you can use to opt out.

(c)You can withdraw your consent to marketing communications at any time by:

(i)disabling marketing notifications in your in-app settings;
(ii)replying STOP (or as otherwise indicated in the message) to a marketing SMS; or
(iii)contacting us using the details in section 22.

(d)We will action any opt-out request within the period required by the Spam Act 2003 (Cth), which is currently five business days.

(e)Where you have not given us your express consent, we will only send you marketing communications where the law allows us to do so on the basis of an inferred consent arising from our existing relationship with you. We treat that inferred consent as limited to communications that are reasonably related to the App and the services we already provide to you, and we will always give you the means to opt out as described above.

(f)Re-engagement push notifications sent to users who have not opened the App for the period set by us, where they fall within marketing communications, are sent only to users who have either given us their express consent or, where permitted, in reliance on inferred consent under the Spam Act 2003 (Cth) and Australian Privacy Principle 7.

7.3 Managing notifications

(a)You can manage non-transactional notification categories within the App (More > Notification) or revoke push notification permission through your device settings.

8. REFERRAL PROGRAM

8.1 Overview

(a)We may, from time to time, run a referral program through which users who invite friends to download and use the App can become eligible to receive a reward (the Referral Program).

(b)The current terms of the Referral Program (including the eligibility conditions, the qualifying activity that must be completed by an invited friend, the reward amount, the form of the reward and any limits on the number of rewards per user) are set out in the App from time to time and form part of these Terms.

8.2 Eligibility

(a)To be eligible to receive a reward under the Referral Program you must:

(i)have a current active account on the App and have accepted these Terms;
(ii)invite a person to use the App through its referral features, including by adding the mobile number of the invited person to an expense or group, or adding them as a friend within the App;
(iii)ensure that, at the time of the invitation, the invited person does not already hold a registered account on the App and has not already been recorded as a referral invitee by another user (our records determine whether this condition is met);
(iv)ensure that the invited person joins the App using the invited mobile number and completes the activation steps set out in the program-specific terms displayed in the App (for example, adding or being added to an expense); and
(v)comply with these Terms and the program-specific terms displayed in the App, including any minimum number of activated referrals, reward amounts, expiry periods and any caps or limits set out in those program-specific terms.

(b)The eligibility conditions, the activation steps, the reward amount and form, and any caps or limits, are those set out in the program-specific terms displayed in the App at the time of the invitation. We may set and change those program-specific terms for each version of the Referral Program, and the program-specific terms in force at the time of an invitation apply to that invitation. We do not need to amend these Terms to do so.

(c)A reward is only earned once the invited friends have completed all of the activation steps. Until then a referral is in progress only and does not entitle you to a reward.

(d)We may pause, suspend, modify or permanently close the Referral Program, or any version of it, at any time and for any reason, including once a set period has passed or a set number of new sign-ups has been reached. If we do, we will honour rewards you have already earned before the change takes effect, but you are not entitled to a reward for any referral that is still in progress and has not met all of the activation steps at that time. This clause operates subject to the Australian Consumer Law.

(e)You must not invite a person who is under 18 years of age. You must not invite the same person multiple times, create multiple accounts to take advantage of the Referral Program, or use any automated means to share or claim referrals. Any reward issued in connection with conduct that breaches this section may be cancelled, reversed or withheld.

8.3 Rewards

(a)Rewards under the Referral Program will generally be issued in the form of a digital gift card from an Australian retailer or gift card issuer selected by us. The value of each reward is set in the App at the time of the relevant referral and will generally be between AUD $5 and AUD $50.

(c)Each digital gift card is issued by the third party retailer or issuer named on the gift card and is subject to the terms and conditions of that retailer or issuer. The terms of the digital gift card (including any expiry date, any conditions of use and any restriction on transferability) are a matter between you and the issuer of the gift card. Split-it is not the issuer of any gift card given as a reward and is not responsible for the conduct of the issuer, the redeemability of the gift card or any goods or services obtained using it.

(c)Each digital gift card issued as a reward under the Referral Program is, where issued by an Australian issuer to which the gift card provisions of the Australian Consumer Law apply, valid for at least three years from the date of issue and no post-purchase fee is charged on the balance. Nothing in these Terms is intended to exclude, restrict or modify any right you have under those provisions or any other right under the Australian Consumer Law.

(d)Rewards are personal to you and are not transferable. They have no cash value, cannot be redeemed for cash and cannot be combined with any other offer except as expressly stated in the relevant program terms.

(e)A reward will be made available to you within the App, normally within a reasonable time after the qualifying activity has been verified. You can view and claim your reward in the App under More > Refer and Earn by selecting View Gift Card under the rewards tab. If a reward is not claimed within six months after the qualifying activity, we may, to the extent permitted by law and the relevant gift card terms, treat the reward as forfeited.

8.4 Variation and termination of the Referral Program

(a)We will give you reasonable notice of any change to, or any pause, suspension or closure of, the Referral Program through the App or by push notification.

(b)Suspension or termination of your account in accordance with these Terms entitles us to withhold or cancel any reward that has not been delivered to you, except where withholding or cancelling the reward would be inconsistent with the Australian Consumer Law.

9. AFFILIATE OFFERS

9.1 What an affiliate offer is

(a)The App may display offers, links and recommendations from third party businesses (each an Affiliate Offer). An Affiliate Offer may be surfaced to you in a way that is contextual to your use of the App, for example by suggesting a restaurant booking link when you log a dining-related expense.

(b)Each Affiliate Offer is provided by the relevant third party business. Split-it is not the supplier of the goods or services that are the subject of the Affiliate Offer and any contract for the supply of those goods or services is directly between you and the third party business.

9.2 Disclosure of commission

(a)We may receive a commission, referral fee, share of revenue or other benefit from a third party business when a user follows an Affiliate Offer and makes a booking, purchase or other transaction with that business. Where this is the case, we will identify the offer as a sponsored or affiliate offer in the App at or near the point where the offer is displayed, in a manner consistent with our obligations under the Australian Consumer Law and any guidance issued by the Australian Competition and Consumer Commission about affiliate and influencer disclosures.

(b)The disclosure that we make about an Affiliate Offer at the point of display may include short forms (such as “Sponsored”, “Affiliate” or “Ad”) together with a link to more detailed disclosure. Detailed disclosure about our affiliate arrangements is set out in these Terms and (where applicable) in the in-app help section for the relevant offer.

9.3 Not endorsements

(a)The fact that an Affiliate Offer is displayed in the App is not a recommendation, endorsement, guarantee or warranty by Split-it of the goods, services or business that is the subject of the offer. We do not verify the accuracy of any statement made by a third party business in an Affiliate Offer and you should rely on your own assessment of any offer before acting on it.

9.4 Use of expense category data to surface Affiliate Offers

(a)Where we use information about the category of an expense you have logged (for example, “dining” or “groceries”) to decide which Affiliate Offers to display to you, we do so in accordance with our Privacy Policy. We will not use the content of any free-text description or note attached to an expense, or any individually identifying detail of a payment, to target an Affiliate Offer.

(b)You can opt out of personalised Affiliate Offers at any time through your in-app settings. If you opt out, we may continue to display non-personalised Affiliate Offers to you. Generic Affiliate Offers shown to all users do not require your consent.

9.5 No liability for third party offers

(a)Subject to the Australian Consumer Law, Split-it is not liable to you for the conduct of any third party business in connection with an Affiliate Offer, including any failure to honour the offer, any defect in the goods or services supplied, any difference between the offer as described in the App and the offer as actually available, or any other matter arising between you and the third party business. Your rights in respect of any goods or services acquired pursuant to an Affiliate Offer are as against the third party business that supplied them.

10. USER CONTENT

10.1 Ownership

(a)You retain ownership of any content you submit, post, upload or otherwise make available through the App (User Content), including expense notes, descriptions, comments and profile information.

(b)Ownership of User Content does not change the fact that, once made publicly available on or through the App, that content may be viewed, copied or saved by other users. You should not submit any User Content that you do not wish to be seen by others. We are not responsible for any consequence flowing from a third party’s access to User Content that you have made publicly available.

10.2 Licence to Split-it

(a)By submitting User Content you grant Split-it a non-exclusive, worldwide, royalty-free, transferable and sub-licensable licence to use, reproduce, modify, adapt, publish, display and distribute that User Content for the purpose of operating and improving the App. This licence survives termination of your account.

(b)The licence granted under this section extends to using User Content in promotional and marketing materials for the App, in aggregate or anonymised form for analytics and research, and to train algorithms used by Split-it to operate or improve the App. Where reasonably practicable, we will attribute User Content used externally to your first name or display name.

(c)To the extent permitted by law, you irrevocably consent to any act or omission by Split-it or a person authorised by Split-it that would otherwise constitute an infringement of your moral rights (within the meaning of the Copyright Act 1968 (Cth)) in respect of the User Content, including the right of attribution, the right against false attribution and the right of integrity.

(e)Where User Content depicts another person, you warrant that you have obtained that person’s consent to the use of their image or voice in the manner contemplated by these Terms. You indemnify Split-it for any claim brought by a third party in connection with the use of User Content where that consent has not been obtained.

10.3 Your warranties

By submitting User Content you represent and warrant that:

(a)you own or have the necessary rights and permissions to submit the User Content;

(b)the User Content does not infringe the intellectual property rights, privacy rights or any other rights of any third party;

(c)the User Content does not contain any material that is defamatory, obscene, offensive, hateful or otherwise unlawful;

(d)where the User Content includes a comment or assessment about a third party (including a business associated with an Affiliate Offer), the content is your genuine opinion, is not incentivised, and you have not been offered any benefit in exchange for posting it;

(e)the User Content does not contain personal information of another person without that person’s consent, does not identify a child, and does not include credit card numbers, identity documents or other sensitive information; and

(f)the User Content does not contain any advertisement, solicitation, link to off-App commerce, multi-level marketing material, malware or any code intended to interfere with the operation of the App.

10.4 Moderation

(a)Split-it reserves the right (but has no obligation) to review, monitor, edit or remove any User Content we reasonably believe violates these Terms or applicable law, without prior notice.

(b)If you become aware of User Content that you believe is defamatory of you, infringes your intellectual property rights, depicts you without your consent or otherwise breaches these Terms or the law, you may submit a takedown request to us via the contact us feature on our website. The request should identify the User Content, your relationship to it and the grounds for the complaint. We will deal with takedown requests within a reasonable time and may consult the person who posted the User Content before taking action.

(c)Where we remove or edit User Content, we may notify you and provide a brief reason. A decision to remove or retain User Content does not imply that Split-it endorses, agrees with or has formed a view about the content. We are not a publisher of User Content and our review of User Content is undertaken for App integrity purposes only.

11. PROHIBITED CONDUCT

(a)You must not use the App to:

(i)violate any applicable law, regulation or these Terms;
(ii)make fraudulent, false or misleading entries into the App;
(iii)harass, threaten, intimidate or abuse any user or any Split-it staff member;
(iv)impersonate any person or entity, or falsely represent your affiliation with any person or entity;
(v)collect, harvest or store personal information about other users without their consent;
(vi)use automated tools, bots, scrapers or other means to access the App or extract data from it without our prior written consent;
(vii)attempt to gain unauthorised access to any part of the App, its servers or any connected systems;
(viii)interfere with or disrupt the integrity or performance of the App;
(ix)transmit any viruses, malware or other harmful code;
(x)use the App for any commercial purpose not contemplated by these Terms without our prior written consent;
(xi)attempt to circumvent or undermine any security feature of the App;
(xii)reverse engineer, decompile, disassemble or attempt to derive the source code of any part of the App, except to the extent that this restriction is prohibited by applicable law;
(xiii)use, extract or train any artificial intelligence model, machine learning system, large language model or generative system on data drawn from the App without our express prior written consent;
(xiv)operate, or assist any other person to operate, more than one account where doing so is used to circumvent any restriction, evade detection of misconduct or otherwise breach these Terms;
(xv)solicit users away from the App in a way that breaches these Terms;
(xvi)engage in any activity that involves sending unsolicited commercial electronic messages contrary to the Spam Act 2003 (Cth) or making unsolicited telemarketing calls contrary to the Do Not Call Register Act 2006 (Cth);
(xvii)post, request, offer or accept any rating, comment or testimonial that is fake, paid for, incentivised, conditional on a particular outcome, or otherwise misleading;
(xviii)act in a way that is calculated to harm the goodwill, brand or reputation of Split-it or the App; or
(xix)assist any other person to do any of the things listed in this section.

(b)We may investigate any suspected breach of this section and take any action we consider appropriate, including suspending or terminating your account, removing content and reporting conduct to law enforcement authorities.

12. INTELLECTUAL PROPERTY

(a)All content, software, trade marks, trade names, logos, designs and features on the App (Split-it IP) are owned by Split-it or its licensors and are protected by copyright, trade mark and other intellectual property laws.

(b)Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the App on your personal device for your personal, non-commercial use. This licence does not include any right to modify, copy, distribute, reverse engineer or create derivative works from the App or any Split-it IP.

(c)If you provide any feedback, suggestion or idea regarding the App, you grant Split-it an unrestricted, irrevocable, perpetual, royalty-free licence to use, modify and incorporate that feedback into the App or any other product or service, without any obligation to you.

(d)Nothing in these Terms transfers any intellectual property rights to you.

(e)The Split-it name, the Split-it logo and any related word marks and design marks are trade marks of Split-it. You must not use those marks, or any confusingly similar mark, without our prior written consent. Use of any third party trade mark displayed on the App is subject to the terms and licences of the relevant owner.

(f)The App may include components made available under open source software licences. Those components are licensed to you on the terms of the relevant open source licence, and not under these Terms, to the extent of any inconsistency.

(g)If you believe that any content on the App infringes your copyright or other intellectual property rights, you may submit a notice to support@thesplitit.com identifying the content, the rights you say are infringed, the basis for your claim, your contact details and a statement that the information in the notice is accurate. We will deal with notices within a reasonable time and may consult the person who posted the content before taking action.

(h)A person whose content has been removed in response to an infringement notice may submit a counter-notice to support@thesplitit.com explaining why the content does not infringe. We may, in our discretion and after considering the materials, reinstate the content.

(i)If you submit an infringement notice or counter-notice that is materially false or misleading, you may be liable to the person whose content is affected and to Split-it for the loss caused by that false or misleading statement.

13. PRIVACY

(a)Your use of the App is subject to our Privacy Policy, which is incorporated into these Terms by reference and available at thesplitit.com/privacy-policy. By using the App, you consent to the collection, use and disclosure of your personal information as set out in our Privacy Policy.

(b)When you include another user in an expense, certain personal information about you (including your name, the expense amount and the allocation) is shared with the other user as a participant in that expense.

(c)Split-it does not process or store any credit card, debit card or full bank account details. Where you provide a PayID, it is stored by Split-it solely for the purpose of being displayed to your friends within the App, as described in section 6.

(d)Split-it will hold and handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. The Privacy Policy contains further information about how we collect, hold, use, disclose, store and secure personal information, including in relation to direct marketing, cookies and similar tracking technology, cross-border disclosures and data retention.

(e)If we become aware of unauthorised access to or disclosure of personal information that is likely to result in serious harm, we will notify affected individuals and the Office of the Australian Information Commissioner in accordance with Part IIIC of the Privacy Act 1988 (Cth) (the Notifiable Data Breaches scheme).

(f)By using the App you consent to Split-it sending you transactional notifications relating to your account and your use of the App. You may opt out of receiving marketing communications at any time using the unsubscribe mechanism in the communication or by changing your notification preferences in the App. You cannot opt out of transactional notifications.

(g)Where we display personal information about you to another user through the App (for example, by displaying your PayID to friends you have added), that other user is a separate person under the Privacy Act and is responsible for their own handling of your personal information. We are not responsible for the manner in which any other user handles your personal information after it has been disclosed in this way, but you may direct any complaint to us in the first instance and we will assist where reasonably practicable.

14. AUSTRALIAN CONSUMER LAW

(a)Nothing in these Terms is intended to exclude, restrict or modify any right or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement. If the Australian Consumer Law or other legislation implies a guarantee, condition or warranty into these Terms that cannot be excluded, our liability for breach of that guarantee, condition or warranty is limited (to the extent permitted by law) to the re-supply of the relevant services or the payment of the cost of having the services re-supplied.

(b)The limitation in section 14(a) applies only to the extent permitted by section 64A of the Australian Consumer Law (which restricts the ability of a supplier to limit liability for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption).

(c)The unfair contract terms regime in Part 2-3 of the Australian Consumer Law applies to these Terms to the extent that they constitute a standard form consumer or small business contract within the meaning of that Part. To the extent that any provision of these Terms would, but for this section, be unfair within the meaning of that regime, that provision is to be read down to the extent necessary to avoid being unfair.

(d)You may make a complaint about the App to Split-it or to the ACCC or the state or territory consumer affairs body in your jurisdiction. Nothing in these Terms prevents you from doing so.

15. DISCLAIMERS

Subject to section 14, the App is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Split-it makes no representation or warranty, express or implied, as to:

(a)the availability, reliability or uninterrupted operation of the App;

(b)the accuracy, completeness or currency of any information entered into, displayed by or generated by the App, including any expense, allocation, balance, PayID or other detail entered by a user;

(c)the quality, safety, legality or suitability of any goods or services that are the subject of an Affiliate Offer or that you choose to acquire from any third party;

(d)the conduct of any user, on or off the App;

(e)the security of data transmitted through the App;

(f)any content provided by a third party that is accessible through the App, including links to external websites, third party content displayed under an Affiliate Offer, and payment processor pages;

(g)the operation or behaviour of any beta or trial feature of the App;

(h)the timely delivery or receipt of any push notification, in-app message, email or other communication generated by the App;

(i)the compatibility of the App with any device, operating system, browser or other software; or

(j)any loss of, damage to or unauthorised access to data stored on or transmitted through the App.

You acknowledge that you use the App and engage with other users and any third party at your own risk.

16. LIMITATION OF LIABILITY

(a)Subject to section 14 and to the maximum extent permitted by law, Split-it (including its directors, officers, employees, agents and affiliates) is not liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, loss of data, loss of goodwill or business interruption, even if advised of the possibility of those damages.

(b)Subject to section 14, our total aggregate liability to you for all claims arising out of or in connection with these Terms or your use of the App, regardless of the form of action, is limited to AUD $100.

(c)Nothing in these Terms limits liability for:

(i)death or personal injury caused by our negligence;
(ii)fraud or fraudulent misrepresentation; or
(iii)any other liability that cannot be excluded or limited by applicable law, including under the Australian Consumer Law.

(d)For the avoidance of doubt, Split-it is not liable to you for any loss of opportunity, loss of bargain, loss of anticipated savings, loss of reputation, loss of customers, loss of contracts, or any indirect, consequential or special loss, however arising, whether in contract, tort (including negligence), under statute or otherwise, even if the loss was foreseeable or we were advised of the possibility of the loss.

(e)Multiple claims arising out of the same series of related events count as a single claim for the purpose of the liability cap in this section. Any claim against Split-it under these Terms must be brought within 12 months after the date on which the event giving rise to the claim first occurred, failing which the claim is barred to the extent permitted by law.

(f)Our liability to you under these Terms will be reduced to the extent that your acts or omissions, the acts or omissions of a third party, or any failure on your part to mitigate loss, contributed to or caused the relevant loss.

(g)Each provision of this section operates as a separate limitation and applies severally to any liability of Split-it, its directors, officers, employees, agents and affiliates, whether in contract, tort (including negligence), under statute or otherwise.

17. INDEMNITY

(a)To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Split-it and its directors, officers, employees, agents and affiliates from and against all claims, demands, actions, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to:

(i)your use of the App in breach of these Terms;
(ii)your breach of any applicable law;
(iii)any User Content you submit through the App;
(iv)any dispute between you and another user;
(v)your negligent, wilful, fraudulent or unlawful act or omission in connection with your use of the App;
(vi)your infringement of any intellectual property right, privacy right or other right of a third party; and
(vii)any tax or duty for which you are liable in connection with your use of the App.

(b)This indemnity survives termination of your account and these Terms.

(c)The indemnity given by you under this section is reduced to the extent that the loss the subject of the claim was caused or contributed to by Split-it or by a person for whom Split-it is responsible. You must take all reasonable steps to mitigate any loss the subject of an indemnified claim.

(d)Where we wish to rely on the indemnity, we will notify you of the relevant claim within a reasonable time and allow you a reasonable opportunity to participate in or take over the conduct and settlement of the claim, provided that we may continue to participate in the defence at our own cost, and that no settlement may be entered into that imposes any obligation on us or admits any fault on our part without our prior written consent.

18. SUSPENSION AND TERMINATION

18.1 Termination by you

You may deactivate or delete your account at any time through the App settings (More > Account Settings > Delete Account) or by contacting us at support@thesplitit.com. Deletion requests will be actioned within 30 days, subject to our legal obligations to retain certain data (see our Privacy Policy). Deletion anonymises your profile while retaining expense, transaction and payment records required by law.

18.2 Termination or suspension by Split-it

We may suspend or terminate your access to the App at any time if you breach these Terms, if we are required to do so by law, or if we reasonably believe your conduct has caused or may cause harm to another user or to Split-it. Where reasonably practicable, we will provide you with notice before suspending or terminating your account. We may act immediately and without notice where we reasonably consider it necessary to protect the safety of users or Split-it, or to prevent fraud or other illegal activity.

18.3 Effect of termination

(a)On termination of your account:

(i)your right to access and use the App ceases immediately;
(ii)any obligations you have to another user in connection with an expense recorded in the App remain a matter between you and that other user, and these Terms do not affect them;
(iii)any outstanding payment obligations survive termination;
(iv)sections 6, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 23 and this section 18 survive termination; and
(v)we may retain your data in accordance with our Privacy Policy and applicable law.

(b)If your account is suspended or terminated, you may not create a new account without our prior written consent.

(c)On termination of your account, we will retain transaction records, communications and other data for the period required by law or our internal record retention policy. Personal information will be handled in accordance with the Privacy Policy. We may also retain anonymised data for analytical and product improvement purposes.

19. CHANGES TO THESE TERMS

(a)We may amend these Terms at any time by publishing the updated Terms within the App and updating the “Effective” date at the top of this document.

(b)For material changes, we will use reasonable efforts to provide you with at least 30 days’ notice before the changes take effect, via a notification within the App, an email to the address associated with your account, or a prominent notice on the App.

(c)A change is material if it materially reduces your rights, materially increases your obligations, materially changes how your personal information is handled, or otherwise significantly alters the way you use the App. Minor changes, including corrections of errors, clarifications of meaning, restructuring or reformatting and updates necessary to comply with law, may be made on shorter notice.

(d)Your continued use of the App after the updated Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App and may delete your account.

(e)We will retain prior versions of these Terms for a reasonable period and will make them available on request.

20. GOVERNING LAW AND DISPUTE RESOLUTION

20.1 Governing law

These Terms are governed by the laws of Victoria.

20.2 Jurisdiction

Both parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

20.3 Dispute resolution

In the event of a dispute, you agree to contact us first at support@thesplitit.com to attempt to resolve the matter informally before commencing any legal proceeding. We will endeavour to respond within 30 days.

20.4 Consumer rights preserved

Nothing in this section limits your rights under the Australian Consumer Law or any other applicable law, including your right to bring proceedings in any tribunal or court that has jurisdiction to hear your claim.

21. GENERAL

21.1 Entire agreement

These Terms (together with our Privacy Policy) constitute the entire agreement between you and Split-it in relation to your use of the App and supersede all prior agreements, understandings and representations.

21.2 Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision will be severed or modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

21.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. A waiver of any provision is only effective if made in writing and signed by an authorised representative of Split-it.

21.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any affiliate or successor entity without your consent, provided that the assignment does not materially diminish your rights under these Terms.

21.5 Force majeure

Split-it is not liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including natural disasters, pandemics, government actions, power failures, internet outages or failures of third party services.

21.6 Notices

Notices from Split-it to you may be given via email, push notification or notice within the App. Notices from you to Split-it may be given by email to support@thesplitit.com.

22. CONTACT

If you have any questions about these Terms or the App, please contact us:

Name: Byte and Bite Innovations Pty Ltd.

ABN/ACN: 699477766

Registered address: 603 St Kilda Road, Melbourne, Victoria 3004

General enquiries: support@thesplitit.com

Website: https://thesplitit.com

23. DEFINITIONS

In these Terms, unless the context otherwise requires:

Apple App Store

Apple App Store Additional Terms

This Schedule applies to you if you download, access or use our app from the Apple App Store. It forms part of these Terms. If this Schedule is inconsistent with the rest of these Terms, this Schedule prevails to the extent of the inconsistency for users who obtained the app from the Apple App Store.

Nothing in this Schedule excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law. If anything in this Schedule is inconsistent with section 14, that section prevails.

These Terms are concluded between you and us only, and not with Apple. We, and not Apple, are solely responsible for the app and its content.

Your licence to use the app is a non-transferable licence to use it on any Apple-branded device that you own or control, as permitted by the usage rules in the Apple Media Services Terms and Conditions.

We are solely responsible for providing any maintenance and support for the app. Apple has no obligation to provide any maintenance or support services for the app.

We are responsible for any warranties for the app, whether express or implied by law, to the extent they are not effectively disclaimed. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the app. To the maximum extent permitted by law, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses arising from a failure to conform to a warranty are our responsibility.

We, and not Apple, are responsible for addressing any claim by you or a third party relating to the app or your use of it, including claims that the app fails to meet a legal or regulatory requirement, claims under consumer protection or privacy law, and product liability claims.

If a third party claims that the app, or your use of it, infringes their intellectual property rights, we, and not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.

You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that the United States Government has designated as supporting terrorism, and that you are not listed on any United States Government list of prohibited or restricted parties.

We are the developer of the app. Our name is Byte and Bite Innovations Pty Ltd. trading as Byte and Bite Innovations and our contact details are set out in section 22, to which you may direct any questions, complaints or claims about the app.

When using the app, you must comply with any applicable third party terms, such as your mobile data or wireless service agreement.

You and we acknowledge that Apple and its subsidiaries are third party beneficiaries of these Terms, and that, when you accept 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.

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