End User Licence Agreement

2.1 Age requirement

You must be at least 18 years of age to register as an Account Holder. By registering, you represent and warrant that you are 18 years of age or older. If you are under 18, you may only use the Platform as a Child User added by a parent or legal guardian who is the Account Holder.

2.2 Account responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at legal@budgii.io if you suspect unauthorised access to your account.

2.3 Accurate information

You agree to provide accurate, current, and complete information when registering and to keep that information up to date throughout the term of this Agreement.

2.4 One account per family

Each Subscription is intended for use by one household family unit. You must not share your account credentials with persons outside your household or use the Platform in a way that substitutes for multiple Subscriptions.

4.1 Free trial

We offer a 21-day free trial for new Account Holders. You must provide valid payment details to commence the free trial. No charge will be applied during the trial period. If you do not cancel before the end of the trial period, your Subscription will automatically commence and you will be charged the applicable fee.

4.2 Subscription fees

Subscription fees are charged in advance on a monthly or annual basis as selected at the time of registration. All fees are displayed in the currency applicable to your region. Fees are subject to change with at least 30 days' written notice to you.

4.3 Payment processing

All payments are processed by Stripe Inc. in accordance with Stripe's terms of service. Budgii does not store your full payment card details.

4.4 Automatic renewal

Your Subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date. Cancellation takes effect at the end of the current billing period; no refund is provided for unused time within a paid period, except as required by applicable law.

4.5 Taxes

Subscription fees are inclusive of applicable GST under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) where required. Users outside Australia may be subject to their own local taxes.

4.6 Failed payments

If a payment fails, we will notify you and attempt to process the payment again. We reserve the right to suspend or terminate access to the Platform if a payment remains outstanding for more than 21 days following the due date.

5.1 Cancellation by you

You may cancel your Subscription at any time via your account settings. Cancellation will take effect at the end of the current billing period. You will retain access to the Platform until that date.

5.2 Refund policy

Except as required under the Australian Consumer Law or other applicable mandatory law, Subscription fees are non-refundable. Where a refund is required by law, we will provide a remedy in accordance with our legal obligations.

5.3 Consumer guarantees (Australian users)

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Nothing in this Agreement limits or excludes any right you have under the Australian Consumer Law that cannot lawfully be excluded.

5.4 Consumer guarantees (New Zealand users)

If you are a consumer in New Zealand, you may have rights under the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ) that cannot be excluded or limited by contract. Nothing in this Agreement limits or excludes any right you have under those Acts. If you wish to exercise any right, please contact us at legal@budgii.io.

7.1 Ownership

You retain ownership of any Content you submit to the Platform. By submitting Content, you grant Budgii a worldwide, royalty-free, non-exclusive licence to use, store, reproduce, and process that Content solely to the extent necessary to provide the Platform and its features to you.

7.2 Content responsibility

You are solely responsible for the Content you submit. You represent and warrant that your Content does not infringe the Intellectual Property rights of any third party.

7.3 AI-processed content (Nest Report)

Where you use the Nest Report feature, certain Content related to a Child User's Platform activity will be processed by Anthropic, Inc. to generate AI insights. By using this feature, you consent to this processing and acknowledge that Anthropic's own terms and privacy policy apply to that processing step.

11.1 Platform availability

We will use reasonable endeavours to make the Platform available at all times, however we do not guarantee uninterrupted or error-free access.

11.2 AI-generated content

The Nest Report and any other AI-powered features generate content using artificial intelligence. Such content is provided for informational and engagement purposes only. Budgii makes no representation or warranty as to the accuracy, completeness, or suitability of AI-generated content for any particular purpose. You should not rely on AI-generated content as professional advice of any kind.

11.3 No professional advice

Nothing in the Platform constitutes professional advice. Budgii is a family organisation and task management tool. Any content or features relating to child development, wellbeing, or engagement are provided for general informational purposes only.

12.1 Exclusion of consequential loss

To the maximum extent permitted by applicable law, Budgii will not be liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption.

12.2 Cap on liability

Budgii's total aggregate liability to you in connection with this Agreement is limited to the total Subscription fees paid by you in the three-month period immediately preceding the event giving rise to the claim.

12.3 Australian Consumer Law savings

Nothing in this Agreement excludes, restricts, or modifies any right or remedy implied or imposed by the Australian Consumer Law or any other applicable mandatory statutory provision that cannot lawfully be excluded.

14.1 Termination by you

You may terminate this Agreement at any time by cancelling your Subscription and ceasing to use the Platform.

14.2 Termination by Budgii

We may suspend or terminate your access immediately and without liability if you breach any provision of this Agreement, fail to pay amounts due, or we are required to do so by law.

14.3 Effect of termination

Upon termination, your licence to access the Platform immediately ceases. We will handle remaining personal information in accordance with our Privacy Policy. Clauses 8, 11, 12, 13, and 17 survive termination.

17.1 Governing law

This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia, and the applicable laws of the Commonwealth of Australia.

17.2 Jurisdiction

Subject to clause 17.3, you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

17.3 Dispute resolution process

• The party raising the dispute must provide written notice describing the dispute in reasonable detail
• The parties will attempt to resolve the dispute by good faith negotiation within 20 business days
• If not resolved, either party may refer the matter to mediation through the Australian Disputes Centre
• If mediation fails, either party may commence legal proceedings

17.4 International users

If you are located outside Australia, your use of the Platform is subject to this Agreement, governed by Australian law. Nothing in this clause limits any rights you may have under the mandatory consumer protection laws of your own jurisdiction.

18.1 Entire agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Budgii in relation to the Platform.

18.2 Severability

If any provision is found to be invalid or unenforceable, it will be modified to the minimum extent necessary or severed. The remaining provisions continue in full force.

18.3 Waiver

A failure or delay by either party to exercise any right does not constitute a waiver. Any waiver must be in writing.

18.4 Assignment

You may not assign rights or obligations under this Agreement without our prior written consent. We may assign this Agreement to a successor entity in connection with a merger, acquisition, or sale.

18.5 Relationship of parties

Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship.

18.6 Notices

Notices to Budgii must be sent to legal@budgii.io. Notices to you will be sent to the email address registered to your account.