App Terms of Use

1 About these terms

1.1 These terms apply when you download, install, access or use any mobile or desktop app published by Iota Vale Pty Ltd (ABN 67 701 451 961) ("Iota Vale", "we", "us"), including any subscription or in-app purchase (each an "app"). By using an app, you agree to these terms. If you don't agree, please don't use the app.

1.2 These terms are an agreement between you and Iota Vale only. Apple Inc. and Google LLC aren't parties to them.

1.3 If you downloaded an app from the Apple App Store, Apple's Licensed Application End User License Agreement (the "Standard EULA") also applies. These terms supplement the Standard EULA. If there's a conflict, the Standard EULA prevails to the extent of the conflict. Section 15 also applies to you.

1.4 Our Privacy Policy at iotavale.com.au/legal/privacy explains how we handle personal information in our apps.

2 Your licence to use an app

We grant you a personal, non-exclusive, non-transferable, revocable licence to use each app on devices you own or control, for your personal or internal business use, in line with these terms and the rules of the store you downloaded it from.

You must not:

• copy, modify, reverse engineer, decompile or disassemble an app, except where the law allows it;
• rent, lease, sell, sublicense or distribute an app;
• remove any proprietary notices; or
• use an app to break the law, infringe anyone's rights, or distribute harmful code.

3 Accounts

Some apps need an account. You must give accurate information, keep your sign-in details secure, and tell us promptly if you think someone else has accessed your account. You're responsible for activity on your account.

You can delete your account at any time in the app, or by following the steps at iotavale.com.au/legal/account-deletion.

4 Subscriptions and in-app purchases

4.1 Payment. Purchases are made through, and charged by, Apple or Google to the account you use with that store.

4.2 Automatic renewal. Subscriptions renew automatically at the end of each period, at the then-current price, unless you cancel at least 24 hours before the current period ends. Your store account is charged for renewal within the 24 hours before the current period ends.

4.3 Managing and cancelling. You can manage or cancel a subscription in your Apple or Google account settings. Deleting an app or your account doesn't cancel a subscription.

4.4 Free trials. If a free trial is offered, any unused part of it ends when you buy a subscription.

4.5 Price changes. If a subscription price changes, the store will tell you as its rules require, and you can cancel before the new price applies.

4.6 Refunds. Refunds are handled by Apple or Google under their policies. Nothing in these terms limits your rights under the Australian Consumer Law.

5 Your content

You keep ownership of the content you create or upload in an app. You give us a worldwide, non-exclusive, royalty-free licence to host, store, process, back up and display it, only as needed to run and improve the app for you and to comply with the law. The licence ends when you delete the content or your account, except for copies in backups that are overwritten on a regular cycle.

You're responsible for your content. It must not be unlawful or infringe anyone's rights, and it must not contain malware.

6 AI features

Some apps may include features powered by artificial intelligence. AI output can be incomplete or wrong. Check it before relying on it, especially for important decisions. AI features aren't professional advice, whether medical, legal, financial or otherwise.

7 Acceptable use

You must not misuse an app. For example, you must not:

• try to access other users' data;
• disrupt our systems or overload them with automated requests;
• get around usage limits or payment; or
• use an app to harass, defame or harm anyone.

8 Changes, availability and support

We may update, change or discontinue an app or any feature, and we'll try to give reasonable notice of significant changes. We work to keep our apps available and secure, but we can't promise they'll always be uninterrupted or error-free. We provide support through iotavale.com.au/support.

9 Intellectual property

Each app, including its code, design, content and trade marks, is owned by or licensed to Iota Vale. Apart from the licence in section 2, these terms give you no rights in it.

10 Feedback

If you send us suggestions or feedback, we may use them without any obligation to you.

11 Ending these terms

You can stop using an app at any time. We may suspend or end your access if you seriously or repeatedly breach these terms, or if the law requires it. Sections 5, 9 and 12 to 14 continue after these terms end.

12 Australian Consumer Law

Our apps come with guarantees that can't be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Competition and Consumer Act 2010 (Cth), or any other law that can't lawfully be excluded or limited.

13 Limitation of liability

To the extent permitted by law:

• apps are provided "as is" and "as available", and we exclude all warranties not expressly set out in these terms;
• we aren't liable for any indirect or consequential loss, or for loss of data, profits or revenue; and
• our total liability to you for all claims relating to an app is limited to the greater of the amount you paid for that app in the 12 months before the claim, or AUD 100.

Where our liability for a failure to comply with a consumer guarantee can't be excluded but can be limited, it's limited to supplying the services again, or paying the cost of having them supplied again.

14 Governing law

These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales. If you're a consumer living in another country, you also keep any protections given to you by the mandatory laws of that country.

15 Additional terms for apps downloaded from the Apple App Store

If you downloaded an app from the Apple App Store, you and we acknowledge that:

• (a) Parties. These terms are between you and Iota Vale only, not Apple. Iota Vale, not Apple, is solely responsible for the app and its content.
• (b) Scope of licence. Your licence is limited to using the app on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Apps may also be accessed by other accounts associated with you through Family Sharing or volume purchasing, where available.
• (c) Maintenance and support. Iota Vale is solely responsible for maintenance and support of the app. Apple has no obligation to provide any maintenance or support services for it.
• (d) Warranty. Iota Vale is solely responsible for any product warranties, whether express or implied by law, to the extent they're 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 law, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are Iota Vale's responsibility.
• (e) Product claims. Iota Vale, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession or use of it. This includes (i) product liability claims; (ii) any claim that the app fails to conform to an applicable legal or regulatory requirement; and (iii) claims under consumer protection, privacy or similar laws.
• (f) Intellectual property. If a third party claims that the app or your possession or use of it infringes their intellectual property rights, Iota Vale, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
• (g) Legal compliance. You represent and warrant that (i) you aren't located in a country subject to a United States Government embargo, or designated by the United States Government as a "terrorist supporting" country; and (ii) you aren't listed on any United States Government list of prohibited or restricted parties.
• (h) Third-party terms. You must comply with any applicable third-party terms when using the app, such as your wireless data service agreement.
• (i) Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept these terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

16 Contact

Questions, complaints or claims about an app can go to: hello@iotavale.com.au