TERMS OF SERVICE

Last updated: 11th February 2026

1. About the Application

(a) Welcome to Nap Peace (the "Application" or "App"). The Application is a baby sleep data logging, visualization, and scheduling estimation tool (the "Services").

(b) The Application is operated by Imago Creative Pty Ltd (ACN 694 572 999) (referred to as "we", "us", "our", or the "Company"). Access to and use of the Application, or any of its associated Products or Services, is provided by Imago Creative Pty Ltd. Please read these Terms of Service (the "Terms") carefully.

2. Acceptance of the Terms and Amendments

(a) You accept these Terms by using, browsing, or accessing the Application. You may also accept these Terms by clicking to accept or agree where this option is made available in the user interface. If you do not agree with the Terms, you must cease usage of the Application, or any of Services, immediately.

(b) We may update these Terms from time to time by posting a revised version on the Application or on the www.nappeace.com website (the "Website"). We will notify you of any material changes at least 14 days before they take effect by email to your registered email address. You are responsible for updating your Account to provide us with your most current email address. If the last email address that you have provided to us is invalid, or for any reason is not capable of delivering to you the notice, our dispatch of the email containing such notice will constitute effective notice of the material changes described within the notice.

(c) Continued Use Constitutes Acceptance: Your continued use of the Application or Services 14 days after we notify you of any amended Terms constitutes your acceptance of those amended Terms. If you do not agree to any amendment, you must discontinue use of the Application immediately.

(d) We recommend you periodically review these Terms and keep a copy for your records.

3. Service Definition and Expectations

(a) Nature of Service: The Nap Peace application and related Services constitute a data logging, visualization, and scheduling estimation tool. The Service provides you with an interface to record your baby's sleep patterns, feeding times, and other activities, and uses algorithms to estimate potential schedule times.

(b) No Outcome Guarantee: While the App uses algorithms to suggest schedule times, it does not guarantee any specific sleep outcomes for your child. The "Service" you are accessing is the provision of the software interface, data storage, and algorithmic suggestions, not a guaranteed biological result for your child.

(c) Algorithmic Limitations: Suggested times are estimates based on general information in the public domain about infant sleep patterns and your baby's historical data entered in the App. These suggestions do not constitute professional sleep consulting, paediatric advice, or any form of health recommendation. Individual babies have unique needs that may not align with algorithmic suggestions.

(d) Algorithm Errors and Updates: The App's algorithms are subject to periodic updates and improvements. You acknowledge and agree that:

Algorithmic outputs may change over time as we refine our methods;
No algorithm can account for all individual circumstances;
Algorithm errors, inaccuracies, or unexpected outputs may occur;
Subject to the Australian Consumer Law, we are not liable for any loss or damage arising from algorithm errors, provided we have exercised reasonable care in developing and maintaining the algorithms; and
You should not rely solely on algorithmic suggestions for critical care decisions.

4. No Medical Advice

(a) Informational Purposes Only: The App, all content within the App, and any suggestions or schedules generated by the App are for general informational and educational purposes only. They are not intended to substitute for professional medical advice, diagnosis, or treatment.

(b) Not a Medical Device: The App is not a medical device and has not been evaluated or approved by the Therapeutic Goods Administration (TGA) or any equivalent regulatory body. The App is not a therapeutic good, wellness device, or health monitoring system. Nothing in the App should be construed as medical advice, health recommendations, developmental assessments, or sleep therapy. The App does not diagnose, treat, cure, or prevent any condition.

(c) Algorithmic Limitations: The App generates estimates based on historical data and general public domain baby sleep principles. These estimates may not reflect your baby's immediate physical state, health condition, developmental changes, or individual needs.

(d) No Real-Time Awareness: The App does not have real-time awareness of your specific situation, your baby's current physical state, medical history, developmental changes, or immediate needs. Content generated by the App may be inaccurate, incomplete, or unsuitable for your circumstances at any given moment.

(e) Parental Override Required: You agree that your direct observation of your baby (including but not limited to signs such as yawning, eye-rubbing, fussiness, illness symptoms, hunger cues, or unusual behaviour) must always take precedence over the App's suggested schedule. Physical cues observed in real-time override any algorithmic suggestion.

(f) Sole Decision-Maker: You acknowledge that you are the sole decision-maker for your child's care. For your child's safety and wellbeing, we strongly recommend that you always consider your direct physical observations, your parental judgment, and professional medical advice alongside any suggestions provided by the App.

(g) Seek Professional Advice: You should seek the advice of a paediatrician, general practitioner, or other qualified health provider if you have questions regarding your baby's sleep, health, or any medical condition. You should not delay, disregard, or discontinue any medical advice or treatment based on information provided by the App.

(h) Emergencies: Do not use the App in medical emergencies. If you believe your baby requires immediate medical attention, contact emergency services (000) or your healthcare provider immediately.

(i) Disclaimer of Liability: Subject to the Australian Consumer Law, we expressly disclaim all liability for any injury, loss, damage, or harm of any kind incurred as a result of your reliance on any information, suggestion, or schedule provided by the App.

5. Registration to Use the Services

(a) In order to access the Services, you must first register for an account through the Application (the "Account").

(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself, including:

Email address
Password
Baby first name and date of birth

(c) You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.

(d) Once you have completed the registration process, you will be a registered member of the Application ("Member") and agree to be bound by the Terms.

(e) You may not use the Services and may not accept the Terms if:

You are not of legal age (18 years old) to form a binding contract with us; or
You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

(f) Children's Privacy:

The Services are intended for use by parents and guardians aged 18 or older.
We do not knowingly collect personal information directly from children.
The baby information you enter (name, date of birth, sleep data) is collected from you as the parent/guardian, not from the child.
If you believe a child has provided personal information directly to us without parental consent, please contact us at hello@nappeace.com.
For US users: We comply with the Children's Online Privacy Protection Act (COPPA). The information collected about your baby is collected from you, the parent, and is used solely to provide the Services.

6. Your Obligations as a Member

(a) As a Member, you agree to comply with the following:

You will use the Services only for purposes that are permitted by:
- The Terms; and
- Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
Access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of providing the Services;
You will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by us;
You will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken for any illegal or unauthorised use of the Application; and
You acknowledge and agree that any automated use of the Application or its Services is prohibited.

7. Payment

(a) All payments made in the course of your use of the Services are made using Google Play Store, Apple App Store or Stripe. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Google Play Store, Apple App Store or Stripe terms and conditions which are available on their respective websites.

(b) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied by your financial institution due to insufficient funds, account closure, or incorrect payment details provided by you, then you are liable for reasonable costs, including banking fees and charges, directly associated with the failed payment.

(c) We may vary the Services Fee from time to time with at least 14 days' written notice before the change takes effect. Any fee increase will not apply to your current billing cycle. If you do not agree to a fee change, you may cancel your subscription before the new fees take effect.

8. Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Cancellation

You can cancel your subscription at any time through your Apple App Store, Google Play Store, Stripe or Application account settings. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at hello@nappeace.com.

9. Refund Policy

(a) If a Service supplied to you fails to meet an applicable Consumer Guarantee under the Australian Consumer Law, you may be entitled to a remedy including a refund, repair, or replacement (depending on the nature and severity of the failure).

(b) For subscription services:

You may cancel your subscription at any time through your Apple App Store, Google Play Store, Stripe or Application account settings.
Cancellation will take effect at the end of your current billing period.
We do not offer refunds for partial billing periods except where required by the Australian Consumer Law or where we, in our absolute discretion, determine it is reasonable to do so.

(c) To request a refund or remedy under the Australian Consumer Law, please contact us at hello@nappeace.com with details of the failure and the remedy you are seeking.

(d) Any benefits set out in these Terms may apply in addition to your rights under the Australian Consumer Law.

10. Copyright and Intellectual Property

(a) The Application, the Services and all of the related products are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by us or our contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by us. We grant to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to:

Use the Application pursuant to the Terms;
Copy and store the Application and the material contained in the Application in your device's cache memory;
Print pages from the Application for your own personal and non-commercial use; and
Use the Application solely for your personal, non-commercial purposes and not for any business or commercial activities.

We do not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by us.

(c) We retain all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:

Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
A right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

(d) You may not, without our prior written permission and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application which are freely available for re-use or are in the public domain.

10A. Copyright Infringement Claims

(a) DMCA and Copyright Act Compliance: We respect intellectual property rights and will respond to notices of alleged infringement in accordance with the Australian Copyright Act 1968 and the U.S. Digital Millennium Copyright Act (DMCA).

(b) Notification Procedure: If you believe content on our Services infringes your copyright, please provide written notice to hello@nappeace.com containing:

Identification of the copyrighted work claimed to be infringed;
Identification of the allegedly infringing material and its location;
Your contact information;
A statement of good faith belief that the use is not authorised;
A statement, under penalty of perjury, that the information is accurate and you are authorised to act on behalf of the copyright owner; and
Your physical or electronic signature.

11. Your Submissions

(a) By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable licence to use, reproduce, modify, adapt, publish, and display the Submission for any purpose connected with operating, improving, or promoting the Application and Services.

(b) You represent and warrant that:

You own or have the necessary rights to submit the Submission;
The Submission does not infringe any third party's intellectual property rights;
You have obtained all necessary consents from any identifiable individuals in the Submission; and
The Submission does not contain unlawful, defamatory, or objectionable content.

(d) Moral Rights: To the extent permitted by law, you consent to us and our licensees using, modifying, and adapting your Submissions without attribution in connection with operating, improving, or promoting the Services. This consent extends to the right to be attributed as author and the right of integrity, and is genuine and given after consideration of the benefits of providing Submissions to improve the Services.

(e) Indemnity for Submissions: You agree to indemnify us against any claim arising from your Submission, including claims that your Submission infringes third-party rights, to the extent permitted by law and subject to the Australian Consumer Law.

12. Privacy

We take your privacy seriously and any information provided through your use of the Application and/or Services are subject to our Privacy Policy, which is available at https://www.nappeace.com/help/privacy and in the Application.

We reserve the right to modify, update, or change our Privacy Policy from time to time. Users will be notified of any material changes to the Privacy Policy by email to their registered email address and continued use of the Application after such changes constitutes acceptance of the updated Privacy Policy.

12A. Data Ownership and Portability

(a) Your Data: Any data you enter into the Application regarding your baby's sleep patterns, feeding times, and other activities ("Your Data") remains your property. We do not claim any ownership rights over Your Data.

(b) Licence to Use: By using the Services, you grant us a limited licence to process, store, and display Your Data solely for the purpose of providing the Services to you and, in anonymised and aggregated form, for improving our algorithms and Services.

(c) Export: You may export Your Data at any time using the Application's export feature. We will make a reasonable export format (such as CSV or JSON) available.

(d) Deletion on Termination: Upon termination of your account, we will delete Your Data within 30 days, except where:

We are required by law to retain certain records;
The data has been anonymised and aggregated; or
You have outstanding disputes or claims pending resolution.

(e) Access Requests: You may request access to or correction of your personal information at any time by contacting us at hello@nappeace.com, in accordance with our Privacy Policy.

12B. Security

(a) Security Measures: We implement reasonable technical and organisational measures designed to protect Your Data and personal information from unauthorised access, loss, misuse, or alteration. These measures include:

Encryption of data in transit and at rest;
Secure authentication mechanisms;
Regular security assessments; and
Access controls limiting employee access to personal information.

(b) No Guarantee: While we take security seriously, no system is completely secure. We cannot guarantee absolute security of your data. We are not liable for unauthorised access or data breaches caused by circumstances beyond our reasonable control, including sophisticated cyberattacks or user credential compromise.

(c) Breach Notification: If we become aware of a data breach likely to result in serious harm to you, we will notify you and the Office of the Australian Information Commissioner in accordance with the Privacy Act 1988.

(d) Your Responsibilities: You are responsible for maintaining the security of your account credentials and notifying us immediately if you suspect unauthorised access to your account.

13. 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:

(a) The licence granted to you for our App is limited to a non-transferable licence to use the Application 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;

(b) We are responsible for providing any maintenance and support services with respect to the App as specified in these 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;

(c) 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;

(d) You represent and warrant that (i) you are not located in a country that is subject to a government embargo, or that has been designated as a "terrorist supporting" country and (ii) you are not listed on any government list of prohibited or restricted parties;

(e) You must comply with applicable third-party terms of agreement when using the App; and

(f) You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this section, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions against you as a third-party beneficiary thereof.

14. Third-Party Websites and Content

The Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content.

If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services.

15. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" subject to and without limiting any rights or remedies you have under the Australian Consumer Law or other mandatory consumer protection legislation that cannot be excluded. Subject to your statutory rights, we do not make any additional representations, warranties, or guarantees about the performance, reliability, or availability of the Services beyond what is required by law.

(d) This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
The accuracy, suitability or currency of any information on the Application, the Services, or any of its related products (including third party material and advertisements on the Application);
Costs incurred as a result of you using the Application, the Services or any of our products; and
The Services or operation in respect to links which are provided for your convenience.

16. Service Availability and Force Majeure

(a) No Guarantee of Availability: We do not guarantee uninterrupted, timely, secure, or error-free operation of the Application or Services.

(b) Force Majeure Events: We are not liable for any delay, failure, or interruption of the Services caused by circumstances beyond our reasonable control, including but not limited to:

Third-party cloud infrastructure, hosting, or database service providers;
Payment processors and app store platforms;
Internet or telecommunications network failures;
Cyberattacks, including distributed denial of service attacks;
Natural disasters, epidemics, pandemics, or health emergencies;
War, terrorism, riots, or civil unrest;
Government actions, court orders, or regulatory changes;
Industrial action, strikes, or labour disputes (excluding our own employees);
Power outages or utility failures.

(c) Notification: Where practicable, we will notify you of any significant service disruption and provide estimated restoration times.

(d) Data Backup Recommendation: We recommend regularly exporting your data using the App's export feature. We are not responsible for any loss of data caused by Force Majeure Events.

17. Limitation of Liability

(a) Consumer Law Notice: Nothing in these Terms excludes or limits any rights or guarantees under the Australian Consumer Law (or equivalent consumer protection laws in your jurisdiction) that cannot be excluded by agreement.

(b) Subject to clause 17(a), our total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the greatest of:

The resupply of the Services to you;
The total amount paid by you for the Services in the 12 months preceding the claim; or
AUD $100.

Fraud, wilful misconduct, or gross negligence on our part;
Personal injury or death caused by our negligence;
Any liability that cannot lawfully be limited or excluded.

(d) Subject to clause 17(a) and (c), you expressly understand and agree that we, our affiliates, employees, agents, contributors and licensors shall not be liable to you for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to:

Loss of profit (whether incurred directly or indirectly);
Loss of goodwill or business reputation;
Loss of data or corruption of data;
Any other intangible loss.

18. Competitors

Competitor Access: If you are a direct competitor (meaning you operate a business that provides baby sleep tracking or scheduling applications for commercial gain), you may not:

(a) Access the Application to reverse engineer, copy, or replicate our proprietary features, algorithms, or user interface designs;

(b) Use information obtained from the Application to directly compete with us; or

If you breach this clause, in addition to any other remedies available to us, we may seek injunctive relief and claim damages for any loss we suffer as a direct result of your breach, including reasonable legal costs.

19. Indemnity

To the extent permitted by law and subject to the Australian Consumer Law, you agree to indemnify us, our affiliates, employees, agents, and licensors from reasonable costs, losses, and damages that we actually incur as a direct result of:

(a) Content you submit through the Services that infringes third-party intellectual property rights or is otherwise unlawful;

(b) Your fraudulent or deliberately unlawful use of the Application or Services;

This indemnity:

Is limited to costs, losses, and damages that we actually incur and can reasonably demonstrate;
Does not require you to indemnify us for any loss caused by our own negligence, breach of these Terms, or failure to comply with applicable law;
Does not limit or exclude any rights you have under the Australian Consumer Law or other consumer protection legislation.

20. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by us as set out below.

(b) If you want to terminate the Terms, you may do so by:

Providing us with 7 days' notice of your intention to terminate; or
Closing your accounts for all of the services which you use, where we have made this option available to you.

Your notice should be sent, in writing, to us via email at hello@nappeace.com.

You have breached any provision of the Terms;
We are required to do so by law;
We discontinue all or a material part of the Services generally (not limited to your account); or
You fail to pay any fees or charges associated with the Services when due.

(d) Subject to local applicable laws, we reserve the right to discontinue or cancel your membership and may suspend or deny your access to all or any portion of the Application or the Services without notice if you breach any material provision of the Terms or any applicable law, or if your conduct impacts our name or reputation or violates the rights of those of another party.

20A. Survival

The following clauses survive termination or expiry of these Terms for any reason:

Clause 10 (Copyright and Intellectual Property);
Clause 10A (Copyright Infringement Claims);
Clause 11 (Your Submissions);
Clause 12 (Privacy);
Clause 12A (Data Ownership and Portability);
Clause 15 (General Disclaimer);
Clause 17 (Limitation of Liability);
Clause 18 (Competitors);
Clause 19 (Indemnity);
Clause 21 (Dispute Resolution);
Clause 22 (Venue and Jurisdiction);
Clause 23 (Governing Law);
Clause 24 (Severance); and
This clause 20A.

Any other clause that by its nature is intended to survive termination will also survive.

21. Dispute Resolution

21.1 Good Faith Negotiation

If a dispute arises out of or relates to these Terms:

(a) You must first contact us at hello@nappeace.com with a written description of the dispute, the outcome you seek, and any supporting information.

(b) We will endeavour to respond within 14 days and will work with you in good faith to resolve the dispute.

(c) Neither party may commence Tribunal or Court proceedings (except where urgent interlocutory relief is sought) unless this good faith negotiation process has been followed and at least 30 days have elapsed since the initial notice.

21.2 Mediation

If the dispute is not resolved through good faith negotiation within 30 days:

(a) The parties must attempt to resolve the dispute through mediation.

(b) Either party may request that an appropriate mediator be appointed by the Resolution Institute (resolution.institute).

(c) The parties are equally liable for fees and reasonable expenses of the mediator and the cost of the venue. Each party must pay their own legal costs associated with the mediation.

(d) The mediation will be held in Perth, Western Australia (or by video conference if mutually agreed).

(e) All communications concerning mediation are confidential and must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

21.3 Termination of Mediation

If 60 days have elapsed after the start of mediation and the dispute has not been resolved, either party may ask the mediator to terminate the mediation, and the mediator must do so.

21.4 Litigation

After completion of the above steps, either party may commence proceedings in the courts of Western Australia.

21.5 Limitation Period

(a) To the maximum extent permitted by applicable law, any legal action arising out of or relating to these Terms or the Services must be commenced within two (2) years after the cause of action arose or, if later, within one (1) year of the date you became aware (or reasonably should have become aware) of the facts giving rise to the cause of action.

(b) This limitation does not apply where a longer limitation period is mandated by law (including under the Australian Consumer Law) and cannot be contractually reduced.

(c) This clause does not limit your statutory rights under the Australian Consumer Law or any other law that cannot be excluded by agreement.

(d) The limitation period in clause 21.5(a) does not apply to claims brought by us for:

Breach of clause 10 (Copyright and Intellectual Property);
Breach of clause 18 (Competitors); or
Breach of clause 6(8) (automated use of the Application).

21.6 Class Action Waiver

(a) Individual Claims Only: To the maximum extent permitted by applicable law, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved on an individual basis only, and not as a class action, collective action, consolidated action, or representative action.

(b) Waiver of Class Participation: You waive any right to participate in a class action against us or to consolidate your claim with claims of any other users.

It is prohibited by mandatory law in your jurisdiction;
It would prevent you from enforcing non-waivable statutory rights under the Australian Consumer Law; or
A court or tribunal determines that a class proceeding is the only effective method of resolving the dispute.

(d) Severability: If this class action waiver is found to be unenforceable, then the parties agree that the dispute resolution provisions in clauses 21.1-21.5 shall continue to apply to individual claims.

22. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Perth, Western Australia, Australia, subject to the dispute resolution process outlined above.

22A. International Users

(a) EU/EEA Users: If you are located in the European Union or European Economic Area:

These Terms do not limit any rights you have under Regulation (EU) 2016/679 (GDPR) that cannot be contractually waived;
Nothing in these Terms affects your right to bring proceedings before a competent court in your Member State; and
The choice of Australian law does not deprive you of the protection of mandatory provisions of the law of your country of residence.

(b) UK Users: If you are located in the United Kingdom:

These Terms do not limit any rights you have under the UK GDPR or Data Protection Act 2018 that cannot be contractually waived; and
You retain the right to bring legal proceedings in your local courts.

These Terms incorporate your rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA);
You have the right to opt out of the sale or sharing of your personal information; and
You may exercise your CCPA rights by contacting us at hello@nappeace.com.

(d) Other Jurisdictions: If you are located in a jurisdiction with consumer protection laws that cannot be excluded by contract, nothing in these Terms limits your statutory rights under those laws.

23. Governing Law

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

24. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

25. Miscellaneous

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time, provided we notify you of any such assignment. Any assignee must agree to be bound by these Terms. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services.

25A. Electronic Communications

(a) By using the Services, you consent to receive electronic communications from us, including:

Account-related notices (e.g., password resets, security alerts);
Transaction confirmations and subscription reminders;
Service announcements and updates; and
Responses to your enquiries or support requests.

(b) You may opt out of promotional communications by following the unsubscribe instructions in those communications. You cannot opt out of transactional or account-related communications while you maintain an account.

(d) It is your responsibility to keep your email address current. We are not responsible for communications that fail to reach you due to an outdated or incorrect email address.

26. 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:

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

Email: hello@nappeace.com