TERMS OF USE

1. Acceptance of Terms

By downloading, installing, or using the Evergrow mobile application ('App'), you agree to be bound by these Terms of Use ('Terms'). If you do not agree to these Terms, please do not use the App.

These Terms constitute a legally binding agreement between you and Evergrow (operated by Alaskah Hindry, NSW, Australia). We reserve the right to modify these Terms at any time. Where significant changes are made, we will provide at least 14 days notice via the App before changes take effect. Continued use of the App after that notice period constitutes acceptance of the revised Terms.

2. Description of Service

Evergrow is a mobile application designed to provide parents and caregivers of children aged 0 to 24 months with:

•      Evidence-based play and developmental activity ideas

•      Developmental milestone information and guidance

•      Parent wellbeing support tools including journalling and self-care resources

•      Educational editorial content about child development and parenting

•      Occupational therapist-informed product reviews (Worth It feature)

3. Eligibility

You must be at least 18 years of age to use the Evergrow App. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

4. Account Registration

To access certain features of the App, you may be required to create an account. You agree to:

•      Provide accurate, current, and complete information during registration

•      Maintain the security of your account credentials

•      Notify us immediately of any unauthorised access to your account

•      Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive or illegal activity.

5. Subscriptions and Payments

Evergrow offers both free and premium subscription tiers. Premium features are available through an auto-renewing subscription:

•      Monthly subscription: AUD $9.99 per month

•      Annual subscription: AUD $79.99 per year

•      A 3-day free trial is available for new subscribers

Subscriptions are processed through the Apple App Store. By subscribing, you agree to Apple's payment terms. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current subscription period. You can manage and cancel subscriptions through your Apple ID account settings.

We do not offer refunds for partial subscription periods, except as required by Australian Consumer Law.

6. Intellectual Property

All content within the Evergrow App, including but not limited to text, graphics, logos, images, activity descriptions, milestone information, and the app design, is the intellectual property of Evergrow and is protected by Australian and international copyright laws.

You may not:

•      Copy, reproduce, distribute, or create derivative works from App content without our express written permission

•      Use our content for commercial purposes without authorisation

•      Remove any copyright or proprietary notices from our content

The Evergrow name, logo, and taglines are trademarks of Evergrow. Unauthorised use is prohibited.

7. User Conduct

You agree not to use the App to:

•      Violate any applicable laws or regulations

•      Transmit any harmful, offensive, or inappropriate content

•      Attempt to gain unauthorised access to our systems or other users' accounts

•      Interfere with the App's functionality or security

•      Scrape, copy, or harvest data from the App without our permission

•      Impersonate any person or entity

8. Disclaimer of Warranties

The Evergrow App is provided 'as is' and 'as available' without warranties of any kind, either express or implied. To the fullest extent permitted by Australian law, we disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.

9. Limitation of Liability

To the fullest extent permitted by law, Evergrow and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App. Our total liability to you for any claims shall not exceed the amount you paid in the 12 months preceding the claim.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or other right you may have under the Australian Consumer Law that cannot be excluded.

10. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales.

11. Termination

We reserve the right to terminate or suspend your access to the App at any time for conduct that violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the App will immediately cease.

12. Contact

For questions about these Terms, please contact us at hello@evergrowapp.com.au.