Terms and Conditions

AGREEMENT TO OUR LEGAL TERMS

We are Ellie Holdings Pty Ltd (ABN 11 672 103 310), doing business as InnerSteps ("Company", "we", "us", or "our"), a company registered in Australia at 8 Byrne Avenue, South Coogee, New South Wales 2034.

We operate the mobile application InnerSteps (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

InnerSteps is an educational application that helps children aged 5-9 build emotional skills through stories, games and activities. InnerSteps is designed to be purchased and managed by a parent or guardian for use by their child.

You can contact us by email at info@innersteps.org, or by mail to 8 Byrne Avenue, South Coogee, New South Wales 2034, Australia.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Ellie Holdings Pty Ltd, concerning your access to and use of the Services. By accessing or using the Services, you confirm that you have read, understood, and agreed to be bound by these Legal Terms. If you do not agree with all of these Legal Terms, you must not use the Services.

We may update these Legal Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as by email to the address on your account or by a notice within the App, before the changes take effect. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. If you do not agree to the modified terms, you should stop using the Services.

The Services are intended to be used by children only with the involvement and consent of a parent or guardian. If you are a parent or guardian allowing your child to use the Services, you agree to these Legal Terms on your own behalf and on behalf of your child, and you are responsible for your child's use of the Services.

We recommend that you keep a copy of these Legal Terms for your records.

1. OUR SERVICES

The Services are provided from Australia and are intended for users located in Australia. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. People who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws apply.

Educational purpose only. InnerSteps is an educational program that teaches emotional skills through stories and play. It is not a medical, psychological or therapeutic service, does not provide diagnosis or treatment, and is not a substitute for professional advice or care from a qualified health practitioner. If you have concerns about your child's health or wellbeing, please speak with a qualified professional.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, stories, characters (including Ricky and Waffle), illustrations, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright, trademark and other intellectual property laws in Australia and around the world.

The Content and Marks are provided in or through the Services "AS AVAILABLE" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• access and use the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use and your child's personal use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any other use of the Services, Content, or Marks, please address your request to info@innersteps.org.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these intellectual property rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your feedback

By sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in that Submission. You agree that we shall own the Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You warrant that any Submissions are original to you or that you have the necessary rights to submit them, and that they do not contain confidential information.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

1. all registration information you submit will be true, accurate, current, and complete;
2. you will maintain the accuracy of such information and promptly update it as necessary;
3. you have the legal capacity and you agree to comply with these Legal Terms;
4. you are at least 18 years of age, or you are using the Services with the permission and supervision of a parent or guardian who has agreed to these Legal Terms;
5. you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
6. you will not use the Services for any illegal or unauthorised purpose; and
7. your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register an account to use the Services. Accounts must be created and managed by a parent or guardian aged 18 or over. You agree to keep your account credentials confidential and you are responsible for all use of your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our reasonable discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

The App is free to download, and a selection of content is available at no cost. Additional content can be unlocked through a one-time in-app purchase.

All in-app purchases are made through, and processed by, the app store from which you downloaded the App: the Apple App Store or Google Play (each an "App Distributor"). Your purchase is subject to the App Distributor's terms of service and payment processes, and payment is collected by the App Distributor, not by us. We do not collect or store your credit card or payment details.

Prices are displayed in the App and at the point of purchase in Australian Dollars (or your local currency as determined by the App Distributor), and may change from time to time. Any price change will not affect a purchase you have already completed. Purchased content is linked to the App Distributor account used to make the purchase.

There are no subscriptions and no recurring charges in the App.

6. REFUNDS AND SUPPORT

Nothing in these Legal Terms limits your rights under the Australian Consumer Law, including your rights to a remedy if the Services fail to meet a consumer guarantee.

Because purchases are processed by the App Distributors, refund requests are generally handled through the App Distributor's refund process (Apple's "Report a Problem" service or Google Play's refund process, as applicable).

If you are unhappy with InnerSteps for any reason, we would genuinely like to hear from you and to help. Please email us at info@innersteps.org and we will work with you to resolve the issue, including assisting you with a refund request where appropriate.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
• circumvent, disable, or otherwise interfere with security-related features of the Services;
• disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
• use any information obtained from the Services in order to harass, abuse, or harm another person;
• make improper use of our support services or submit false reports of abuse or misconduct;
• use the Services in a manner inconsistent with any applicable laws or regulations;
• engage in unauthorised framing of or linking to the Services;
• upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
• engage in any automated use of the system, such as using scripts, data mining, robots, or similar data gathering and extraction tools;
• delete the copyright or other proprietary rights notice from any Content;
• attempt to impersonate another user or person or use the username of another user;
• interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
• harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
• attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
• copy or adapt the Services' software, or, except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services;
• use the Services as part of any effort to compete with us, or use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise;
• use the Services to advertise or offer to sell goods and services; or
• sell or otherwise transfer your profile or account.

8. USER CONTENT AND FEEDBACK

The Services do not currently allow users to post or share content publicly. If we introduce features in the future that allow you to submit content, additional terms may apply and will be made available at that time. Any feedback you provide to us is handled under the "Your feedback" provisions in Section 2.

9. MOBILE APPLICATION LICENCE

Use licence

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with these Legal Terms. You shall not:

1. except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the App;
4. remove, alter, or obscure any proprietary notice posted by us or the licensors of the App;
5. use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
6. use the App for creating a product, service, or software that is, directly or indirectly, competitive with or a substitute for the App;
7. use the App to send automated queries to any website or to send any unsolicited commercial email; or
8. use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android devices

The following terms apply when you use the App obtained from either the Apple App Store or Google Play (each an "App Distributor") to access the Services:

1. the licence granted to you for our App is limited to a non-transferable licence to use the App on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service;
2. we are responsible for providing any maintenance and support services with respect to the App as specified in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
3. in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
4. you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties;
5. you must comply with applicable third-party terms of agreement when using the App; and
6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary thereof.

10. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

1. monitor the Services for violations of these Legal Terms;
2. take appropriate legal action against anyone who, in our reasonable discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities;
3. refuse, restrict access to, or limit the availability of any portion of the Services where reasonably necessary to protect the Services, our users, or our rights; and
4. otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

11. PRIVACY POLICY

We care about data privacy and security, particularly because our Services are used by children. Please review our Privacy Policy at innersteps.org/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are operated from Australia, and your information is stored and processed by our service providers in Australia and overseas (including Japan and the United States), as described in our Privacy Policy.

12. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services.

We may suspend or terminate your account or your access to the Services if:

1. you materially breach these Legal Terms;
2. you use the Services unlawfully or in a way that risks harm to us, the Services, or other users; or
3. we discontinue the Services or the relevant part of them.

Where reasonably practicable, we will give you notice before suspending or terminating your access, except where immediate action is necessary to protect the Services, other users, or to comply with law. Termination does not affect any rights or remedies you have under the Australian Consumer Law.

If we terminate or suspend your account due to your breach, you must not register a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.

13. MODIFICATIONS AND INTERRUPTIONS

We may change, update, or remove features of the Services from time to time as we improve them. We cannot guarantee the Services will be available at all times, as we may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors.

To the extent permitted by law, and subject always to your rights under the Australian Consumer Law, we will not be liable for any loss caused by any modification, suspension, or discontinuance of the Services, or by any downtime or interruption. Nothing in these Legal Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases, except as required by law.

14. GOVERNING LAW

These Legal Terms are governed by the laws of New South Wales, Australia. You and we each submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts entitled to hear appeals from them.

15. DISPUTE RESOLUTION

We want to resolve any concerns quickly and fairly. If you have a dispute with us, please contact us first at info@innersteps.org and we will attempt in good faith to resolve the dispute informally within thirty (30) days. If we cannot resolve the dispute informally, either party may bring proceedings in the courts described in Section 14. Nothing in this section prevents you from making a complaint to a regulator, or limits any rights you have under the Australian Consumer Law.

16. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice. Corrections will not affect purchases you have already completed.

17. AUSTRALIAN CONSUMER LAW AND DISCLAIMER

Nothing in these Legal Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded, restricted or modified.

Subject to the paragraph above, and to the extent permitted by law:

• the Services are provided on an "as is" and "as available" basis and your use of the Services is at your own risk;
• we exclude all representations, warranties and conditions not set out in these Legal Terms; and
• we make no warranty that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.

InnerSteps is an educational product. We do not warrant or guarantee any particular developmental, behavioural, educational or wellbeing outcome for any child.

18. LIMITATIONS OF LIABILITY

Nothing in this section limits or excludes any liability that cannot be limited or excluded under applicable law, including under the Australian Consumer Law.

Where our liability for breach of a consumer guarantee can lawfully be limited, our liability is limited, at our option, to the resupply of the relevant services or the payment of the cost of resupplying the relevant services.

Subject to the above, and to the extent permitted by law: (a) we will not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or loss of data, arising from your use of the Services; and (b) our total aggregate liability to you for any claim arising out of or in connection with these Legal Terms or the Services is limited to the greater of the amount you paid to us or an App Distributor for the Services in the twelve (12) months before the event giving rise to the claim, and AUD $100.

19. INDEMNIFICATION

You agree to indemnify us, including our subsidiaries, affiliates, and our respective officers, agents, partners, and employees, against any loss, damage, liability, claim, or demand, including reasonable legal fees, made by any third party arising out of: (1) your breach of these Legal Terms; (2) your violation of the rights of a third party, including intellectual property rights; or (3) your unlawful use of the Services. Your liability under this indemnity is reduced proportionately to the extent that our own acts or omissions contributed to the relevant loss.

20. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services, in accordance with our Privacy Policy. Although we perform regular routine backups of data, to the extent permitted by law and subject to your rights under the Australian Consumer Law and the Privacy Act 1988 (Cth), we are not liable for loss or corruption of such data caused by events outside our reasonable control.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.

22. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others in connection with a merger, acquisition, restructure or sale of assets, provided the assignee agrees to honour these Legal Terms and our Privacy Policy. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

23. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Ellie Holdings Pty Ltd (ABN 11 672 103 310)
8 Byrne Avenue
South Coogee, New South Wales 2034
Australia
Email: info@innersteps.org