APP TERMS AND CONDITIONS

Joyora Pty Ltd · ACN 696 443 786 · Last updated: 8th October 2026

Welcome to Joyora! We are Joyora Pty Ltd, an Australian business with ACN 696 443 786 (‘we’, ‘our’ or ‘us’) and we provide a subscription-based online educational activity platform for parents and carers of children aged 0–8 years, delivered via our native mobile application, available through the Apple App Store and, where available, Google Play (App), and any related web application we operate (together, the Software), accessible at https://joyora.com.au/ (Website).

These terms and conditions (Terms) govern your access to the Software and us providing you any other goods and services as set out in these Terms (Subscription). You can view the most updated version of these Terms at any time in the Software and on our Website.

The Software is designed for an Australian audience. If you access the Software from outside Australia, you do so at your own initiative and are responsible for complying with any local laws that apply to your access or use of the Software.

Please note that your Subscription will continue to renew indefinitely, and you will continue to incur Subscription Fees, unless you cancel your Subscription in accordance with these Terms (for App Store or Google Play subscriptions, through your Apple or Google account settings).

1 READING AND ACCEPTING THESE TERMS

1. (a) In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.
2. (b) By clicking the 'accept these Terms' button, ticking the acceptance check box in the Software, paying for your Subscription (including through the App Store or Google Play) or otherwise accepting the benefit of any part of your Subscription, you agree to be bound by these Terms. Please read these Terms carefully before you accept them. If you have any questions about these Terms, please contact us before accepting.
3. (c) We may update these Terms from time to time by giving you notice. If a change materially impacts your rights or obligations, it will apply from the start of your next Renewal Period (or earlier only where required by law or to address a security risk). We will give you at least 10 Business Days’ prior notice of any material change. If you do not agree with a material change, you may cancel your Subscription before the change takes effect in accordance with clause 15.

2 ELIGIBILITY

1. (a) By accepting these Terms, you represent and warrant that:
   1. (i) you have the legal capacity and authority to enter into a binding contract with us; and
   2. (ii) you are authorised to use the payment method you provided when purchasing a Subscription.
2. (b) The Software is designed to be used by adults (parents, carers and guardians) supervising children aged 0–8 years. It is not intended for unsupervised use by children or by any person who has previously been suspended or prohibited from using the Software. By using the Software, you confirm that you are:
   1. (i) over the age of 18 years and accessing the Software as a parent, carer or guardian; or
   2. (ii) accessing the Software on behalf of a child aged 0–8 years and you consent to, and accept full responsibility for, that child’s use of the Software.
3. (c) Please do not access the Software if you are under the age of 18 years, or if you have previously been suspended or prohibited from using the Software. You must be 18 years or older to create or hold an Account.
4. (d) You represent and warrant that you are the parent or legal guardian of any child whose personal information you provide through the Software, or that you otherwise have lawful authority to supervise the child and to consent to our collection and handling of their information in accordance with our Privacy Policy.

3 DURATION OF YOUR SUBSCRIPTION

1. (a) Your Subscription and these Terms commence on the date you agree to be bound by these Terms and continue for the Subscription Period and any Renewal Period(s), unless earlier terminated in accordance with these Terms.
2. (b) Subject to clause 3(c), upon expiration of the Subscription Period, this agreement will automatically and indefinitely renew on an ongoing basis for a period equal to the Subscription Period (Renewal Period), unless you notify us of your wish to cancel in accordance with clause 15.
3. (c) This agreement will not automatically renew if you cancel your Subscription before the Renewal Date in accordance with clause 15. The way you cancel depends on how you subscribed, as set out in clause 15.1. Subscriptions purchased through the App Store or Google Play must be cancelled through your Apple or Google account settings.
4. (d) We will use reasonable endeavours to provide you with at least 10 Business Days’ prior notice of the agreement renewing and any applicable changes to the Subscription Fees or these Terms. For App Store and Google Play subscriptions, renewal and price-change notices may also be given by Apple or Google in accordance with their own terms.

4 THE SOLUTION

4.1 SCOPE OF YOUR SUBSCRIPTION AND THE SOLUTION

1. (a) We will provide you with access to the Software and the Documentation (Solution).
2. (b) Your Subscription gives you unlimited access to all content available on the Software at the time of your Subscription, including educational activities, recipes, meal plans, Programs, planners and related resources (Content), and to the tools available in the Software, including Memory Vault, the Growth Tracker, milestone tracking, sleep and feed tracking, medicine reminders, Your village and the Planner (Features), subject to these Terms. There are no content tiers. We may make some Content and Features available without a Subscription at our discretion. Without a Subscription, you can always view the photos and videos you have already saved to Memory Vault, but you may be limited in how many new ones you can save.
3. (c) The App is available for download through the Apple App Store and, where available, Google Play, and requires a compatible device and operating system. Some Content may be temporarily stored on your device so it can be viewed with limited or no internet connection. Stored Content remains part of the Software, may only be accessed through the App, and must not be extracted, copied or redistributed. Some Features require an internet connection, and changes you make while offline may not be saved.

4.2 ACCOUNTS

1. (a) To use the Solution, you must create an account through the App or the Website (Account). You may create an Account using your email address or any other sign-in option we make available. Account creation does not require vetting or approval by us.
2. (b) You must ensure that any information you provide to us when creating an Account is accurate, complete and up to date.
3. (c) You are responsible for the security of your password and for all activities conducted through your Account. You must promptly notify us of any suspected unauthorised use of your Account.
4. (d) We may suspend or cancel your Account at any time in accordance with these Terms.
5. (e) You may delete your Account at any time from within the App, as set out in clause 15.4.

4.3 HOSTING SERVICES

1. (a) We will use reasonable endeavours to make the Software available 24 hours a day, 7 days a week, except for scheduled maintenance or circumstances beyond our reasonable control (Hosting Services).
2. (b) We may, from time to time and without notice, temporarily suspend access to the Software for maintenance, upgrade or security purposes.

4.4 SUPPORT SERVICES

1. (a) We will provide reasonable technical support for the Software via the contact details set out in the Software, including by email at support@joyora.com.au (Support Services).
2. (b) Support Services do not include training, implementation or any other services not expressly described in these Terms.

4.5 CONTENT DISCLAIMER

1. (a) The Content available on the Software, including educational activities, recipes, meal planners, Programs, milestone information and developmental information, is provided for general informational and inspirational purposes only. It does not constitute professional advice of any kind, including medical, nutritional, therapeutic, educational or childcare advice.
2. (b) Any reference to developmental benefits, milestones, learning outcomes, fine-motor skills, sensory development or similar outcomes is general in nature only. Such references are not tailored to your child, and we do not guarantee that any child will achieve any particular developmental, educational or behavioural outcome from using the Content.
3. (c) You should always consult a qualified professional before relying on any Content, particularly where a child has specific health, developmental or dietary needs.

4.6 TRACKING, GROWTH AND MILESTONE FEATURES

1. (a) The Software includes optional Features that let you record information about your child, such as sleep and feed sessions, height, weight and head circumference measurements (Growth Tracker), and developmental milestones observed by you or someone you have invited.
2. (b) These Features are organisational and keepsake tools only. Growth percentiles are calculated from the World Health Organization Child Growth Standards using the information you enter, and milestone information reflects broad, general age ranges. They are not a medical, developmental or diagnostic assessment, are not reviewed by us or any health professional, and do not indicate whether your child is developing typically. Percentiles are worked out from your child’s age since birth, so they may be less meaningful for a baby born prematurely.
3. (c) Every child develops at their own pace. If you have any concern about your child’s health, growth, feeding, sleep or development, please speak with your GP, child health nurse or another qualified health professional.
4. (d) The accuracy of these Features depends on the information entered. To the extent permitted by law, we are not responsible for decisions made in reliance on information recorded in these Features.

4.7 PROGRAMS

1. (a) The Software may include structured, play-based learning programs designed by a qualified early childhood educator for use at home (Programs).
2. (b) Programs are supplementary resources only. They are not an accredited curriculum, do not lead to any qualification or recognised educational outcome, and do not replace formal schooling or early childhood education.
3. (c) If you home educate your child, you remain responsible for meeting any registration, curriculum and reporting requirements that apply to you under the laws of your State or Territory.

4.8 FAMILY, EDUCATOR AND CARER ACCESS

1. (a) You may invite one co-parent to share your family’s access to the Solution (Co-parent). A Co-parent signs in with their own login and has the same access to the Solution as you, except that only the person who purchased the Subscription can manage, change or cancel it.
2. (b) You may invite educators, carers, grandparents or other trusted adults to access the Software in connection with your children (Invited Carers). Invited Carers sign in with their own free login, do not need their own Subscription, and have limited access as described in the App and in clause 4.11. Invited Carers cannot access Memory Vault or your custom Planner entries.
3. (c) Access for a Co-parent and Invited Carers is provided as part of your Subscription or Complimentary Access and ends if either ends, unless that person holds their own Subscription.
4. (d) You are responsible for choosing who you invite. You must only invite people you trust with information about your children, and you must ensure each person you invite is 18 years or older and complies with these Terms. You can remove an Invited Carer’s access at any time in the App.
5. (e) Information recorded by a Co-parent or Invited Carer, such as a milestone observation, a sleep or feed entry, or a medicine dose marked as given, becomes part of your family’s records and is visible to the carers linked to that child as described in the App. You and your Co-parent can each delete and restore Memory Vault entries for your children, including entries the other has saved, as described in clause 15.5.

4.9 NOTIFICATIONS

1. (a) The App may send you push notifications, for example Planner reminders. You can manage notification preferences in the App or in your device settings. We do not use push notifications to show third-party advertising.
2. (b) Notifications and reminders are a convenience only. They depend on your device, its settings, battery and internet connection, and on third-party services, so they may be delayed or may not arrive. Depending on your notification settings, the text of a reminder, such as the name of a medicine or an event, may appear on your device’s lock screen.

4.10 MEDICINE REMINDERS AND DOSE RECORDS

1. (a) The Software lets you add medicines to your child’s schedule, set reminders and mark a dose as given (Medicine Features).
2. (b) The Medicine Features are organisational tools only. We do not check the name, dose, strength, timing or frequency of any medicine, whether it is suitable for your child, or how it interacts with other medicines. Always follow the directions of your child’s doctor or pharmacist and the medicine’s label.
3. (c) A dose marked as given is a record entered by you, your Co-parent or an Invited Carer. It may be incomplete or wrong, for example where more than one person cares for your child, or where an entry was made without an internet connection and has not yet been saved. Before giving a dose, check with anyone else who is caring for your child.
4. (d) Do not rely on the Software as your only way of remembering to give a medicine, particularly one where timing is important. Reminders may be delayed or may not arrive, as explained in clause 4.9(b).
5. (e) If you think your child has taken too much of a medicine, or the wrong medicine, call the Poisons Information Centre on 13 11 26. In an emergency, call 000.
6. (f) Medicine information is health information. Clause 13(f) applies to it, and we may ask for your consent in the App before you save it.
7. (g) To the extent permitted by law, and subject to the Australian Consumer Law, we are not liable for any loss arising from a missed, late, repeated or incorrect dose where the Medicine Features were used as a reminder or record.

4.11 YOUR VILLAGE, CARE TIME AND PAY ESTIMATES

1. (a) Your village lets you invite Invited Carers (shown in the App as helping hands), plan times when they will care for your children (Care Time), and keep your own notes about them, such as a nickname and role.
2. (b) We provide tools only. We are not a party to any arrangement between you and anyone you invite, and we are not an employer, employment agency, labour hire provider or childcare service. We do not introduce, recommend, screen or vet anyone, and we do not check anyone’s identity, qualifications, references or Working with Children Check.
3. (c) You are solely responsible for deciding whether a person is suitable to care for your children, for any checks required by law where you live (including a Working with Children Check), and for the arrangements you make with them, including supervision, safety and payment.
4. (d) Hourly rates and pay estimates are optional. A rate you enter is visible only to you and your Co-parent, and a rate an Invited Carer enters is visible only to them. Neither of you can see the other’s rate.
5. (e) Pay estimates are worked out from the Care Time recorded in the Software and the rate entered, to help you keep track. They are not a payslip, invoice, timesheet or record of hours worked, and they are not financial, tax or legal advice. They may not reflect the hours actually worked, minimum or award wages, penalty rates, overtime, allowances, leave, superannuation or tax. Nothing in the Software creates or records an agreement about pay.
6. (f) If you engage someone to care for your children, you may have legal obligations, for example as an employer under workplace, tax, superannuation and workers compensation laws. You are responsible for working out and meeting any obligations that apply to you, and Invited Carers are responsible for their own. The Fair Work Ombudsman and the Australian Taxation Office publish information that may help.
7. (g) When you share an invitation using your device’s share options, you are sending your own message from your own device. Only send it to people who are happy to hear from you.
8. (h) If you use the Software as an Invited Carer, these Terms apply to you. You must keep information about a family’s children confidential and use it only to care for them, must not copy, save, screenshot, share or post photos of, or information about, a family’s children outside the Software without a parent’s permission, and must stop using a family’s information when your access ends. A family can end your access at any time.
9. (i) To the extent permitted by law, and subject to the Australian Consumer Law, we are not liable for any act or omission of a person you invite, or for any loss arising from your reliance on a pay estimate.

5 FREE TRIAL

1. (a) We offer a 14-day free trial period to new subscribers, or for a longer period where we say so when you sign up (for example, under clause 20(f)) (Free Trial Period). During the Free Trial Period, you will have full access to all Content available on the Software at no charge.
2. (b) We may require you to provide valid payment details at the start of the Free Trial Period. No charge will be made during the Free Trial Period itself. For App Store and Google Play subscriptions, the Free Trial Period is started and managed through your Apple or Google account.
3. (c) At the expiry of the Free Trial Period, your Subscription will automatically commence and your first Subscription Fee will be charged unless you cancel your Subscription before the Free Trial Period expires. You may cancel at any time before the Free Trial Period ends using the method in clause 15.1 that applies to how you subscribed. We will use reasonable endeavours to remind you before your Free Trial Period ends.
4. (d) You are only entitled to one Free Trial Period. We reserve the right to decline a free trial at our discretion. Apple and Google may also apply their own free trial eligibility rules.

6 YOUR OBLIGATIONS

1. (a) You must comply with all applicable laws in connection with your use of the Solution and must ensure that all activities conducted through your Account comply with these Terms.
2. (b) You must not, and must not encourage or permit any third party to:
   1. (i) use the Software for any unlawful or fraudulent purpose;
   2. (ii) upload any inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist material;
   3. (iii) upload any material that is owned or copyrighted by a third party without authorisation;
   4. (iv) upload any photograph or video of a child who is not in your care, or of any other person without any consent required by law;
   5. (v) make copies of, adapt, modify or tamper with any part of the Software;
   6. (vi) remove or alter any copyright, trade mark or other notice on or forming part of the Software;
   7. (vii) decompile or reverse engineer the Software or any part of it;
   8. (viii) share your Account login details with any other person. If you want another adult to access the Software, please use the co-parent and carer invitation features described in clause 4.8;
   9. (ix) use the Software in a way which infringes the Intellectual Property Rights of any third party; or
   10. (x) attempt to circumvent any security feature of the Software.
3. (c) You acknowledge that the Content is intended to be used by adults (parents and carers) supervising children, and you accept sole responsibility for the supervision of any child who participates in any activity accessed through the Software.
4. (d) If you become aware of misuse of your Subscription or any difficulty in accessing the Software, please contact us immediately using the contact details in the Software.

7 FEES AND PAYMENT

7.1 SUBSCRIPTION FEES

1. (a) You must pay subscription fees in the amounts displayed at the point of purchase, being in the App (through the App Store or Google Play) or on our Website checkout, for your Subscription (Subscription Fees). Current pricing is:
   1. (i) Monthly Subscription: as displayed at the point of purchase, billed monthly; and
   2. (ii) Annual Subscription: as displayed at the point of purchase, billed annually.
2. (b) All Subscription Fees are payable in advance and are, except as expressly set out in these Terms or as required by law (including the Australian Consumer Law), non-refundable. We reserve the right to amend our Subscription Fees from time to time with at least 10 Business Days’ prior written notice to you. Fee changes will take effect from your next Renewal Period following the notice period. For App Store and Google Play subscriptions, price changes are also subject to Apple’s or Google’s rules, which may require your consent before a higher price applies.
3. (c) Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantees under the Australian Consumer Law.

7.2 AUTOMATIC RECURRING BILLING

1. (a) Your Subscription will automatically renew at the end of each Subscription Period unless you cancel in accordance with clause 15. By subscribing, you authorise us (or our Online Payment Partner or, for App Store and Google Play subscriptions, Apple or Google) to charge your nominated payment method at the beginning of each Renewal Period.
2. (b) By signing up for a recurring Subscription, you acknowledge and agree that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation.

7.3 UPGRADES AND DOWNGRADES

This clause 7.3 applies to Subscriptions purchased through our Website. For App Store and Google Play subscriptions, upgrades, downgrades and any pro-rata adjustment are managed and applied by Apple or Google in accordance with their rules.

1. (a) If you wish to upgrade from a Monthly Subscription to an Annual Subscription, we will:
   1. (i) provide you with a pro-rata refund for the unused portion of your current monthly billing period; and
   2. (ii) transition you to the Annual Subscription immediately upon upgrade.
2. (b) If you wish to downgrade from an Annual Subscription to a Monthly Subscription, the downgrade will take effect at the end of your current Annual Subscription Period. No pro-rata refund will be provided for the unused portion of your Annual Subscription Period.

7.4 GRACE PERIOD

For Subscriptions purchased through our Website: if your Monthly Subscription or Annual Subscription auto-renews and you wish to cancel, you have up to 10 days from the date the renewal charge is processed to cancel and request a full refund of that renewal charge by contacting us through the Software (Grace Period). A Grace Period refund is available regardless of whether you have used the Software during that period. After the Grace Period, cancellation will take effect at the end of the then-current Subscription Period and no refund will be payable. To request a refund, please contact us via the Software. Refunds will be processed within a reasonable time.

For App Store and Google Play subscriptions, all payments are processed by Apple or Google and we are unable to issue refunds directly. You can request a refund from Apple at reportaproblem.apple.com or from Google through Google Play, and refunds are granted at their discretion under their policies. This does not limit any rights you have under the Australian Consumer Law.

7.5 LATE PAYMENTS

We reserve the right to suspend or terminate your access to the Solution if you fail to pay any Subscription Fees when due.

7.6 GST

Unless otherwise indicated, the Subscription Fees include GST (if applicable). Where GST is separately applicable, we will provide you with a tax invoice. For App Store and Google Play purchases, Apple or Google is responsible for collecting and remitting GST and for providing any tax invoice.

7.7 ONLINE PAYMENT PARTNER

1. (a) We use a third-party online payment provider, currently Airwallex (Online Payment Partner), to process Subscription Fees for Subscriptions purchased through our Website. Processing of your payments will be subject to the terms, conditions and privacy policy of Airwallex, available at https://www.airwallex.com. You agree to comply with those terms.
2. (b) We are not responsible for the acts, omissions, outages or errors of the Online Payment Partner, or for any loss arising from the Online Payment Partner’s platform, systems or processing. However, nothing in this clause limits any right or guarantee that cannot be excluded under the Australian Consumer Law, or excludes our liability for our own negligence in connection with integrating or configuring the Online Payment Partner’s services.

7.8 APP STORE AND GOOGLE PLAY PURCHASES

1. (a) If you subscribe through the App, your purchase is processed by Apple (App Store) or Google (Google Play), not by us, and is subject to their terms, conditions and privacy policies in addition to these Terms. We use a subscription management provider, RevenueCat, to confirm your subscription status.
2. (b) Payment is charged to your Apple ID or Google account at confirmation of purchase, or at the end of any Free Trial Period. Your subscription automatically renews unless it is cancelled at least 24 hours before the end of the current period, and your account will be charged for renewal within 24 hours before the end of the current period.
3. (c) You can manage and cancel App Store or Google Play subscriptions in your Apple ID or Google account settings. Deleting the App or your Account does not cancel your subscription.
4. (d) If you already hold an active Subscription through one channel (for example, our Website), please do not also subscribe through another channel. We cannot cancel or refund a subscription held with Apple or Google on your behalf.

7.9 FOUNDERS RATE

1. (a) From time to time we may offer a founding member price to new subscribers who join within a limited window (Founders Rate), as displayed at the point of purchase.
2. (b) The Founders Rate applies for as long as your Subscription remains continuously active. If your Subscription is cancelled and ends, or lapses for non-payment, the Founders Rate will no longer apply and any new Subscription will be charged at our then-current Subscription Fees.
3. (c) If you switch between a Monthly Subscription and an Annual Subscription after the Founders Rate window has closed, the plan you switch to may be charged at our then-current Subscription Fees.
4. (d) The Founders Rate is personal to you, is not transferable and has no cash value.

7.10 COMPLIMENTARY ACCESS

1. (a) From time to time we may give you access to the Solution without charge (Complimentary Access), for example to early supporters, testers or partners.
2. (b) Complimentary Access is personal to you, is not transferable and has no cash value. It is not a Subscription purchased through the App Store, Google Play or our Website.
3. (c) Where we tell you your Complimentary Access is for life, that means for as long as we offer the Solution and your Account remains in good standing. We may end Complimentary Access if you breach these Terms or if we stop offering the Solution, and will give you reasonable notice where we can.

8 CHILD SAFETY, ACTIVITIES AND SUPERVISION

1. (a) The Software provides parent-supervised educational activity suggestions for children aged 0–8 years, including crafts, sensory play, physical activities, cooking and other hands-on activities (Activities). Some Activities involve materials, tools or processes that may pose a risk of injury if not properly supervised.
2. (b) You acknowledge and agree that:
   1. (i) all Activities must be conducted under the direct, active supervision of a responsible adult (parent, carer or guardian) at all times;
   2. (ii) Some Activities may involve small parts, tools, ingredients or materials that may present a choking hazard or other risk to young children, and you are solely responsible for assessing those risks before allowing a child to participate;
   3. (iii) you are solely responsible for assessing whether a particular Activity is appropriate for your child, having regard to the child’s age, development, physical ability, health and any other relevant factors;
   4. (iv) we make no representation that any Activity is safe or suitable for any particular child, and the inclusion of an Activity on the Software does not constitute a recommendation or endorsement that the Activity is appropriate for your specific circumstances;
   5. (v) you are solely responsible for ensuring that the environment in which any Activity is conducted is safe and free from hazards;
   6. (vi) you must follow all manufacturer safety instructions for any tools, materials or equipment used in connection with any Activity; and
   7. (vii) to the fullest extent permitted by law, we are not liable for any injury, illness, harm, damage or loss (including to any person or property) arising from or in connection with your or your child’s participation in any Activity.
3. (c) Nothing in this clause limits any guarantee, warranty or right that cannot be excluded under the Australian Consumer Law.

9 RECIPES AND ALLERGY DISCLAIMER

1. (a) The Software includes a library of recipes designed for use with children (Recipes). The Recipes are provided for general informational and inspirational purposes only and do not constitute nutritional, dietary or medical advice.
2. (b) You acknowledge and agree that:
   1. (i) it is your sole responsibility to review all ingredients in any Recipe before preparing or serving it to your child;
   2. (ii) you must assess the suitability of any Recipe having regard to your child’s known or suspected allergies, intolerances, dietary requirements and medical conditions;
   3. (iii) we do not warrant that any Recipe is free from allergens, including but not limited to gluten, dairy, nuts, eggs, soy, seafood or sesame;
   4. (iv) ingredient substitutions may affect the allergen profile of a Recipe and it is your responsibility to verify the suitability of any substitutions; and
   5. (v) to the fullest extent permitted by law, we are not liable for any allergic reaction, adverse health event, illness, injury or loss arising from or in connection with the preparation or consumption of any Recipe.
3. (c) If your child has a known or suspected food allergy or intolerance, or a medical condition that affects their diet, you should seek advice from a qualified medical professional or accredited dietitian before preparing or serving any Recipe.
4. (d) Nothing in this clause limits any guarantee, warranty or right that cannot be excluded under the Australian Consumer Law.

10 INTELLECTUAL PROPERTY AND DATA

10.1 SOFTWARE CONTENT INTELLECTUAL PROPERTY

1. (a) (Our ownership) We retain ownership of all Materials provided to you throughout the course of your Subscription in connection with the Software, including all Content, text, graphics, logos, design, icons, images, sound and video recordings, Activities, Recipes, Programs, planners and any other materials (Software Content), and reserve all rights in any Intellectual Property Rights owned or licensed by us in the Software Content not expressly granted to you.
2. (b) (Licence to you) You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Software Content solely for your personal, non-commercial use in connection with your Subscription. You may view Content on-screen for your personal and family use only, including by your Co-parent and Invited Carers. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or otherwise exploit any Software Content without our prior written consent.

10.2 USER DATA

Our Rights and Obligations

1. (a) You grant to us a non-exclusive, royalty-free, non-transferable, worldwide licence to use User Data (including photos and videos you upload to Memory Vault or to milestone records) during the Subscription and for up to 90 days after termination or cancellation of your account where reasonably necessary for backups, security, fraud prevention, service transition and legal compliance, solely to provide, maintain, secure and improve the Solution. We will handle any personal information contained in User Data in accordance with our Privacy Policy.
2. (b) We may remove User Data where we reasonably consider it is inappropriate, offensive, in breach of these Terms, or where removal is required for security or legal reasons.
3. (c) We do not sell User Data. We will not use photos or videos of your child for marketing, advertising or promotional purposes, or share them publicly, without your separate express consent.

Your Obligations

1. (a) You are responsible for ensuring that:
   1. (i) all User Data is accurate and appropriate; and
   2. (ii) your use of the Software and submission of User Data complies with all applicable laws.
2. (b) If you upload or submit content owned by a third party and we suffer loss as a direct result of a third-party intellectual property claim arising from that upload, you will indemnify us against those losses to the extent caused by your upload, except where the loss arises from our modification of the content or use outside the scope permitted by these Terms.
3. (c) The Software is not a backup service. While we take reasonable steps to protect User Data, you are responsible for keeping your own copies of any photos, videos or records that are important to you.

11 THIRD PARTY SOFTWARE AND TERMS

11.1 THIRD PARTY TERMS

1. (a) The Software is built on and integrates with third-party platforms, including Apple (App Store), Google (Google Play), RevenueCat (subscription management), Supabase (database, authentication and file storage), Squarespace (website), Airwallex (payment processing for Website subscriptions), Zapier (workflow automation), Xero (accounting) and Glide (our legacy web application, until it is retired). Your use of the Software may be subject to the terms and conditions of these third-party providers (Third Party Terms).
2. (b) We will use reasonable endeavours to notify you of applicable Third Party Terms. By using the Software, you agree to comply with any applicable Third Party Terms. We are not liable for any loss or damage arising from your non-compliance with Third Party Terms.

11.2 THIRD PARTY SOFTWARE INTEGRATIONS

1. (a) You acknowledge that issues can arise when data is transferred between different software programs or when software is integrated. We cannot guarantee that integrations between the Software and any third-party software will be free from errors or delay.
2. (b) We are not liable for the functionality of any third-party goods or services that integrate with the Software.

12 CONFIDENTIALITY

1. (a) Except as contemplated by these Terms, a party must not use or disclose to any person any Confidential Information disclosed to it by the other party without the disclosing party’s prior written consent.
2. (b) Each party must promptly notify the other party if it becomes aware of any actual or suspected unauthorised access to or disclosure of Confidential Information.

13 PRIVACY

1. (a) We collect personal information about you in the course of providing the Solution, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy, which can be found in the Software and on our Website.
2. (b) We are committed to handling your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
3. (c) By agreeing to these Terms, you agree to our handling of personal information in accordance with our Privacy Policy. Our Privacy Policy describes how you may access and correct your personal information.
4. (d) We do not knowingly collect personal information directly from children. You, as the account holder, are responsible for any personal information you provide to us in connection with your child’s use of the Software.
5. (e) By providing any personal information about a child through the Software, you represent and warrant that you are the child’s parent or legal guardian, or otherwise have lawful authority to provide that information and to consent to our collection and handling of it in accordance with our Privacy Policy.
6. (f) If you choose to enter health, growth or medication information about a child into the Software (for example, for scheduling or personal organisation purposes), you:
   1. (i) confirm that providing that information is voluntary and is not required to use the core features of the Software; and
   2. (ii) consent to us collecting and handling that information for the limited purposes described in our Privacy Policy.

We may require you to provide this consent by selecting a checkbox or similar affirmative action within the Software.

1. (g) You acknowledge that any health or medication information you enter into the Software is not monitored, reviewed or assessed by us, and that the Software does not provide medical advice, diagnosis, treatment or health monitoring services. You should always consult a qualified medical professional in relation to any health or medical concerns about your child.
2. (h) Photos and videos you upload are stored in private, access-controlled storage and are only visible to the people described in clause 4.8.

14 LIABILITY

14.1 WARRANTIES AND LIMITATIONS

1. (a) (Warranties) We warrant that:
   1. (i) during the Subscription Period, the Software will perform substantially in accordance with the Documentation;
   2. (ii) during the Subscription Period, the Solution will be provided as described in these Terms; and
   3. (iii) we have the right to grant you the access and licence to the Software and Content as set out in these Terms.
2. (b) (Errors) We will use reasonable endeavours to correct any errors, bugs or defects in the Software notified to us by you, unless they result from:
   1. (i) misuse of the Software; or
   2. (ii) use of the Software other than in accordance with these Terms or the Documentation.
3. (c) (Service Limitations) While we will use our reasonable endeavours to ensure the Solution is available and functioning, you acknowledge that we are not liable for any failure or delay caused by circumstances beyond our reasonable control, including outages of third-party platforms (including Apple, Google, Supabase, RevenueCat, Squarespace, Zapier or Airwallex).
4. (d) (Australian Consumer Law) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. To the extent permitted by law and subject to those guarantees, we limit our liability for breach of a non-excludable guarantee (other than a guarantee as to title) to, at our option: re-supplying the Solution; or paying the cost of having the Solution re-supplied.
5. (e) (Liability cap) To the maximum extent permitted by law and subject to the above, our total aggregate liability to you for any loss or damage arising under or in connection with these Terms is limited to the total Subscription Fees paid by you in the 12 months preceding the event giving rise to liability.

14.2 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with these Terms or any goods or services provided by us, except:

1. (a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
2. (b) to the extent that liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law.

14.3 INDEMNITY

1. (a) To the extent caused by your breach of these Terms, your negligence, misuse of the Software or failure to supervise a child, you indemnify us and our Personnel against all losses, claims, expenses, damages and liabilities (including legal costs) arising from or in connection with:
   1. (i) your breach of these Terms;
   2. (ii) your negligent or wilful misuse of the Software;
   3. (iii) any injury, illness or harm to any child arising from your failure to supervise the child during any Activity; or
   4. (iv) any allergic reaction or adverse health event arising from your failure to check the ingredients or suitability of any Recipe.
2. (b) Nothing in this clause requires you to indemnify us for loss caused by our own negligence or breach, or for loss that cannot be shifted to you under the Australian Consumer Law.

15 CANCELLATION AND TERMINATION

15.1 CANCELLATION BY YOU

1. (a) You may cancel your Subscription at any time:
   1. (i) for App Store subscriptions, through your Apple ID subscription settings (on iPhone, Settings, then your name, then Subscriptions);
   2. (ii) for Google Play subscriptions, through the Subscriptions section of the Google Play Store app; or
   3. (iii) for Website subscriptions, through the account management section of your Website account, or by contacting us using the details set out on our Website.

We cannot cancel an App Store or Google Play subscription on your behalf.

1. (b) Upon cancellation, you will retain access to the Software until the end of your current Subscription Period (or Renewal Period). No partial refund will be provided for any unused portion of the Subscription Period, except as set out in the Grace Period clause (clause 7.4) or the Upgrades and Downgrades clause (clause 7.3), or as provided by Apple or Google under their refund policies.

15.2 CANCELLATION BY US

1. (a) We may suspend or cancel your Subscription immediately by written notice if:
   1. (i) you breach these Terms (including any payment obligation) and fail to remedy the breach within 10 Business Days of our notice;
   2. (ii) we reasonably suspect fraudulent activity in connection with your Account; or
   3. (iii) we are required to do so by law.
2. (b) We may also cancel your Subscription for convenience by providing you with 30 days’ written notice, in which case we will refund any prepaid Subscription Fees for the period after cancellation on a pro-rata basis. Where your Subscription was purchased through the App Store or Google Play, we will provide that refund directly to you or arrange it through Apple or Google.

15.3 EFFECT OF TERMINATION

1. (a) Upon termination of this agreement:
   1. (i) you will no longer have access to the Software, your Account or any Content;
   2. (ii) we may delete User Data after termination in accordance with our Privacy Policy, subject to backup retention cycles and any applicable legal retention requirements; and
   3. (iii) each party must comply with all obligations that survive termination, including confidentiality, intellectual property and liability provisions.
2. (b) If your Subscription ends but you do not delete your Account, you may keep access to your Account and to any Content or Features we make available without a Subscription, including viewing the photos and videos you have already saved to Memory Vault, and your User Data will be retained in accordance with our Privacy Policy.

15.4 DELETING YOUR ACCOUNT

1. (a) You can delete your Account at any time from the account settings in the App, or by contacting us.
2. (b) When you delete your Account, your access ends and your personal information and User Data, including child profiles, photos, videos and records, will be deleted within a reasonable time in accordance with our Privacy Policy, subject to any legal retention obligations and our backup cycles. Where you share a child profile with a Co-parent, that child’s profile and shared records will remain available to the Co-parent. Child profiles that only you care for are kept for 30 days and then permanently deleted. Deleting your Account also ends the access of any Invited Carers you have invited and deletes the Care Time and pay records linked to your Account. If you are an Invited Carer, deleting your Account deletes your Care Time and pay records.
3. (c) Deleting your Account does not cancel an App Store or Google Play subscription. Please cancel your subscription through your Apple or Google account first to avoid further charges.
4. (d) Once deletion is complete it cannot be undone, so please save copies of any photos or videos you want to keep before deleting your Account.

15.5 RECENTLY DELETED AND REMOVED CHILDREN

1. (a) When you or your Co-parent delete a photo or video from Memory Vault, it moves to Recently deleted for 30 days. During that time either of you can restore it or delete it permanently. After 30 days it is permanently deleted and cannot be recovered.
2. (b) When you remove a child profile, it is kept for 30 days and then permanently deleted, together with that child’s photos, videos and records.
3. (c) Either parent linked to a child can delete and restore that child’s Memory Vault entries, including entries the other parent saved.

16 DISPUTE RESOLUTION

1. (a) A party claiming a dispute has arisen under or in connection with this agreement must not commence court proceedings (other than for urgent interlocutory relief) unless that party has complied with the requirements of this clause.
2. (b) A party requiring resolution of a dispute must give the other party written notice containing reasonable details of the dispute and requiring its resolution under this clause.
3. (c) Once notice has been given, the parties must use their best efforts to resolve the dispute in good faith. If the dispute is not resolved within 14 days after the date of the notice, either party may take legal proceedings to resolve the dispute.

17 FORCE MAJEURE

1. (a) We will not be liable for any delay or failure to perform our obligations under this agreement if such delay or failure arises out of a Force Majeure Event.
2. (b) If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of reasonable details of the Force Majeure Event and the probable extent to which it will affect our ability to perform.
3. (c) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
   1. (i) act of God, lightning strike, earthquake, storm, flood, explosion or fire;
   2. (ii) strikes or other industrial action outside of our control;
   3. (iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic or pandemic; or
   4. (iv) any government authority decision or requirement beyond our reasonable control.

18 NOTICES

1. (a) A notice or other communication to a party under these Terms must be:
   1. (i) in writing and in English; and
   2. (ii) delivered via email to the other party, to the email address specified in the Account, or otherwise the email address most regularly used by the parties to correspond in connection with these Terms.
2. (b) Unless the sending party knows or reasonably ought to suspect that an email was not delivered, notice will be taken to be given 24 hours after the email was sent (or the next Business Day if that falls on a weekend or public holiday), or when replied to, whichever is earlier.

19 GENERAL

19.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Nothing in this clause limits the right of a consumer to bring a claim in the courts of their home jurisdiction where that right is conferred by mandatory law.

19.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

19.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not affected.

19.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

19.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

19.6 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

19.7 INTERPRETATION

1. (a) (singular and plural) words in the singular includes the plural (and vice versa);
2. (b) (currency) a reference to $ or “dollar” is to Australian currency;
3. (c) (gender) words indicating a gender includes the corresponding words of any other gender;
4. (d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
5. (e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association or joint venture, a partnership, a trust and any other entity;
6. (f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns;
7. (g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
8. (h) (document) a reference to a document is to that document as varied, novated, ratified or replaced from time to time;
9. (i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
10. (j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
11. (k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

20 JOYORA CIRCLE REFERRAL PROGRAMME

1. (a) We may offer a referral programme, Joyora Circle, which lets you share a personal referral link or invite code with friends (Referral Programme).
2. (b) A referral is successful (Successful Referral) when all of the following apply: (i) your friend signs up using your referral link, or enters your invite code in the App before their first Subscription payment; (ii) your friend has never paid for a Joyora Subscription through any channel and did not move across to this App from our earlier Joyora platform; (iii) your friend is not you or a member of your Household; and (iv) your friend's first Subscription payment is confirmed. Having a free Account, or a Free Trial Period that ended without a payment, does not stop a referral from being successful. Your Household means you and any Co-parent linked to your Account.
3. (c) For each Successful Referral, your Household earns one free month of Subscription (Reward), up to a maximum of 6 Rewards in any 12-month period. A Reward is ready to use 30 days after your friend's first Subscription payment. If that payment is refunded in full within those 30 days, the Reward is cancelled. A partial refund does not affect the Reward. A Successful Referral that would take your Household over the limit does not earn a Reward. We may change or end Joyora Circle at any time, but we will honour Rewards your Household has already earned.
4. (d) How a Reward is used depends on how your Household's Subscription is paid for: (i) for a Monthly Subscription through our Website, one monthly payment is skipped for each Reward; (ii) for an Annual Subscription through our Website, your next annual payment is reduced by one twelfth for each Reward; (iii) for a Monthly Subscription through the App Store, you claim each Reward in the App as a free month, applied in line with Apple's rules for promotional offers, and only the person who purchased the Subscription can claim it; and (iv) in any other case, including Google Play subscriptions, Annual Subscriptions through the App Store, complimentary access, or where there is no active Subscription, we keep the Reward for your Household until it can be used. A Reward that has not been used within 24 months of becoming ready to use expires. Rewards through the App Store may not be available at all times.
5. (e) Rewards have no cash value, cannot be exchanged for cash, and are personal to your Household and not transferable. A Reward earned by any member of your Household is applied to your Household's Subscription.
6. (f) While the Founders Rate is available, referred friends receive the Founders Rate and the standard Free Trial Period. After the Founders Rate window closes, referred friends receive their first month free instead of the standard Free Trial Period: through our Website as a 30-day Free Trial Period, or through the App Store as an offer code, subject to availability and to Apple's eligibility rules. Otherwise, referred friends receive the same offer available to any other new subscriber at the time they join, unless we state otherwise.
7. (g) You must not refer yourself (including through a second email address or Account), create fake or duplicate Accounts, offer payment or other inducements for referrals, or promote your referral link through paid advertising, spam or in any misleading way. We may withhold, cancel or reverse Rewards, and suspend your participation in the Referral Programme, where we reasonably suspect misuse. We may also cancel a Reward if your friend's payment is reversed, for example through a chargeback.
8. (h) We may change, suspend or end the Referral Programme at any time. Rewards earned before a change will be honoured under the rules that applied when they were earned, unless we reasonably suspect misuse.
9. (i) Apple and Google are not sponsors of, and are not responsible for, the Referral Programme.
10. (j) When you take part in the Referral Programme, your friend may see your first name, and you will see your friend's first name and the progress of their referral, as described in our Privacy Policy.

21 APP STORE AND GOOGLE PLAY ADDITIONAL TERMS

1. (a) This clause applies if you download the App from the Apple App Store. You and we acknowledge that these Terms are concluded between you and us only, and not with Apple Inc. (Apple). We, not Apple, are solely responsible for the App and its content.
2. (b) Your licence to use the App is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing, where applicable.
3. (c) We are solely responsible for providing any maintenance and support services for the App, as set out in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. (d) We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility, subject to these Terms.
5. (e) We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including:
   1. (i) product liability claims;
   2. (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
   3. (iii) claims arising under consumer protection, privacy or similar legislation.
6. (f) If any third party claims that the App or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
7. (g) You represent and warrant that you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.
8. (h) Any questions, complaints or claims about the App should be directed to Joyora Pty Ltd at support@joyora.com.au or 202/37 Barrack Street, Perth WA 6000.
9. (i) You must comply with any applicable third-party terms of agreement when using the App.
10. (j) Apple and its subsidiaries are third-party beneficiaries of these Terms. On your acceptance of 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.
11. (k) If you download the App from Google Play, you acknowledge that Google LLC is not a party to these Terms, and your use of Google Play is also subject to Google’s terms of service.
12. (l) To the extent of any inconsistency between this clause and any other part of these Terms, this clause applies in relation to the App.

22 DEFINITIONS