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 $7.99 per month
• Annual subscription: AUD $59.99 per year
• A 7-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.