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ACCEPTABLE USE POLICY

Last updated 11th February 2026

This Acceptable Use Policy ('Policy') is part of our Terms of Service ('Legal Terms') and should therefore be read alongside our main Legal Terms: http://www.nappeace.com/help/termsofservice. If you do not agree with these Legal Terms, please refrain from using our Services. Your continued use of our Services constitutes acceptance of these Legal Terms. We will use reasonable endeavours to notify you of material changes to this Policy.

Please carefully review this Policy which applies to any and all:

(a) uses of our Services (as defined in 'Legal Terms')

(b) all content available on the Services, including but not limited to sleep data, schedules, app interface elements, and any user-submitted information ('Content')

INTERPRETATION

In this Policy:

(a) words importing the singular include the plural and vice versa;

(b) "includes" and "including" are not words of limitation;

(c) references to legislation include any amendments, re-enactments, or replacements;

(d) headings are for convenience only and do not affect interpretation;

(e) where any word or phrase is given a defined meaning, any other grammatical form of that word or phrase has a corresponding meaning; and

(f) an obligation not to engage in certain conduct includes an obligation not to attempt to engage in, or cause or permit others to engage in, that conduct.

WHO WE ARE

We are Imago Creative Pty Ltd (ACN 694 572 999) ('Company', 'we', 'us', or 'our'), a company registered in Australia. We operate the website http://www.nappeace.com (the 'Site'), the mobile Application Nap Peace (the 'App' or 'Application'), as well as any other related products and services that refer or link to this Policy (collectively, the 'Services').

AUSTRALIAN CONSUMER LAW

Nothing in this Policy is intended to exclude, restrict, or modify any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable consumer protection laws, to the extent those rights cannot be excluded, restricted, or modified by agreement.

In the event of any inconsistency between this Policy and your rights under the Australian Consumer Law, the Australian Consumer Law prevails.

USE OF THE SERVICES

When you use the Services, you warrant that you will comply with this Policy and with all applicable laws.

You also acknowledge that you may not:

  • 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.

  • Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

  • Engage in unauthorised framing of or linking to the Services.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Make improper use of our Services, including our support services or submit false reports of abuse or misconduct.

  • Except as may result from standard search engine indexing or Internet browser functionality, use, launch, develop, or distribute any automated system (including bots, spiders, scrapers, or offline readers) that accesses the Services, or use any unauthorised script or software to interact with the Services.

  • Interfere with, disrupt, or create an undue burden on the Services or the networks or the Services connected.

  • Attempt to impersonate another user or person or use the username of another user.

  • Use any information obtained from the Services in order to harass, abuse, or harm another person.

  • Use the Services to develop, market, or provide products or services that directly compete with the core functionality of the Nap Peace application (baby sleep tracking and scheduling), or systematically use the Services' Content to establish a competing service.

  • Reproduce, adapt, or create derivative works from the Services' software, source code, or underlying algorithms, except to the extent necessary for ordinary use of the Services (including routine browser caching) or as permitted by the Copyright Act 1968 (Cth).

  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except: (a) as expressly permitted by applicable law, including the Copyright Act 1968 (Cth); or (b) to the extent necessary to achieve interoperability with independently created software.

  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), 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.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').

  • Publish content that is materially false or misleading and made with the intent to damage the reputation of the Company or the Services.

    Note: This clause does not restrict your right to:

    • (a) provide honest reviews of the Services;
    • (b) make complaints or raise concerns through appropriate channels;
    • (c) report suspected unlawful conduct to regulatory authorities;
    • (d) exercise any rights protected by the Australian Consumer Law.

  • Use the Services in a manner inconsistent with any applicable laws or regulations.

SUBSCRIPTIONS

As a subscriber to our premium Services, the following additional terms apply to protect the value of your subscription and the Services:

You agree not to:

  • Engage in any use, including modification, copying, redistribution, publication, display, performance, or retransmission, of any portions of any Services, other than as expressly permitted by this Policy, without the prior written consent of Imago Creative Pty Ltd, which consent Imago Creative Pty Ltd may grant or refuse at its discretion, acting reasonably.

  • Reverse engineer, decompile, or disassemble the Services except as expressly permitted under the "Use of the Services" section of this Policy and applicable law.

  • Share your account credentials with, or permit access to your subscription by, any person outside your household for their independent use.

  • Access data belonging to other users without authorisation.

  • Damage, reveal, or alter any user's data, or any other hardware, software, or information relating to another person or entity.

Your subscription entitles you to personal use of premium features. These restrictions ensure fair access for all subscribers and protect the sustainability of the Services.

CONSEQUENCES OF BREACHING THIS POLICY

The consequences for violating our Policy will be proportionate to the nature and severity of the breach. Our approach is as follows:

For minor or first-time breaches:

We will provide you with a written warning and, where the breach is capable of remedy, a reasonable opportunity (typically 14 days) to remedy the breach.

For serious or repeated breaches:

If the breach is serious (for example, conduct that endangers another person, clearly unlawful activity, or repeated violations after warning), we may suspend or terminate your access to the Services. Where reasonably practicable, we will provide notice before termination and explain the reasons.

Refunds on termination:

If we terminate your subscription for a breach of this Policy, you may not be entitled to a refund of prepaid fees for the remaining subscription period. Whether a refund is provided will be determined at our discretion, taking into account the nature and severity of the breach, the remaining subscription period, and any requirements under the Australian Consumer Law.

Notification to authorities:

We may notify law enforcement or regulatory authorities where:

(a) we reasonably believe there is a genuine risk of harm to any person;

(b) we are required to do so by law; or

(c) we reasonably suspect the commission of a serious criminal offence.

Limitation of Liability for Enforcement Actions:

Subject to the Australian Consumer Law and any rights which cannot be excluded by law, our liability for any action we take in response to your breach of this Policy is limited to:

(a) where we elect to do so, resupplying the Services; or

(b) payment of the cost of having the Services resupplied,

whichever is the lesser amount.

Nothing in this Policy excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any liability that cannot be limited or excluded under the Australian Consumer Law or other applicable legislation.

In exercising any rights under this Policy, we will act proportionately and in good faith, taking into account the nature and severity of any breach.

SURVIVAL

The following sections survive the termination or expiry of this Policy and any related agreement: Consequences of Breaching This Policy (including Limitation of Liability), and Severability. Any accrued rights or obligations at the time of termination also survive.

GOVERNING LAW

This Policy is governed by the laws of Western Australia, Australia, as further set out in our Legal Terms.

SEVERABILITY

If any provision of this Policy is held to be invalid, illegal, or unenforceable, that provision shall be severed from this Policy and the remaining provisions shall continue in full force and effect.

HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have any questions, comments, or concerns about this Policy, please contact us:

Imago Creative Pty Ltd
ACN 694 572 999
1 Kapok Ct Parkwood WA 6147 Australia

Email: hello@nappeace.com
Website: www.nappeace.com/help/contact

For formal notices, please email us or write to us at our registered business address.