Terms of Use

Auricwave Valley is a business name of N2 Digital Pty Ltd, an Australian company (ABN 61 700 972 425). In these terms, "we", "us" and "our" refer to N2 Digital Pty Ltd trading as Auricwave Valley, and "you" refers to the person using our services.

"Services" means our website at auricwavevalley.com, our mobile and desktop applications, and any related features, content and support we provide.

Acceptance of these terms

By downloading, installing, accessing or using any of our services, you agree to these terms. If you do not agree with them, please do not use our services.

These terms form a binding agreement between you and us. If you are using our services on behalf of an organisation, you confirm that you have authority to bind that organisation, and these terms apply to it.

Who may use our services

You may use our services if you are able to form a binding contract with us and are not prohibited from doing so under any applicable law.

If you are under 18, you may use our services only with the involvement and consent of a parent or legal guardian, who should review these terms with you and accepts responsibility for your use of our services.

We do not knowingly provide our services to children under 16 without verifiable parental or guardian consent, as described in our Privacy Policy.

Your licence to use our applications

Subject to these terms, we grant you a personal, limited, non-exclusive, non-transferable and revocable licence to install and use our applications on devices you own or control, for your own personal or internal business use.

This licence does not transfer any ownership to you. Except where permitted by law or expressly permitted by us in writing, you must not:

• copy, modify, adapt, translate or create derivative works of our applications;
• rent, lease, lend, sell, sublicense, distribute or otherwise transfer our applications;
• reverse engineer, decompile or disassemble our applications, or attempt to derive their source code;
• remove, obscure or alter any proprietary notices; or
• use our applications to build a competing product or service.

Nothing in this section limits any right you have under applicable law that cannot be excluded by agreement, including certain rights to reverse engineer for interoperability purposes.

Applications obtained through Apple

Where you obtain one of our applications through the Apple App Store, the following applies.

These terms are between you and us only, not with Apple. We, not Apple, are solely responsible for our applications and their content.

Apple has no obligation to provide any maintenance or support for our applications. If an application does not conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price to you; to the maximum extent permitted by law, Apple has no other warranty obligation in relation to our applications.

We, not Apple, are responsible for addressing any claims relating to our applications, including product liability claims, claims that an application fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation. We, not Apple, are responsible for investigating and resolving any third-party claim that an application infringes that party's intellectual property rights.

You confirm that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries of these terms and, upon your acceptance, will have the right to enforce them against you.

Acceptable use

You agree to use our services lawfully and reasonably. In particular, you must not:

• use our services for any unlawful purpose or in breach of any applicable law;
• interfere with, disrupt or place an unreasonable load on our services or the networks and systems that support them;
• attempt to gain unauthorised access to any part of our services, accounts, systems or networks;
• probe, scan or test the vulnerability of our systems, or circumvent any security or authentication measure;
• introduce any virus, malware or other harmful code into our services;
• access or collect data from our services by automated means, including scraping, except as we expressly permit; or
• use our services in a way that infringes the rights of any other person.

If your use of our services threatens their security, stability or availability, we may take reasonable steps to protect them, which may include suspending your access.

Your content

You keep ownership of everything you create in our applications. We do not claim any ownership of your notes, lists, records, files or other content.

You are responsible for your content and for ensuring you have the rights necessary to store and use it.

Where a feature you use requires it — for example, syncing your content between your devices, or providing support you have requested — you grant us a limited, non-exclusive licence to store, transmit, copy and display that content solely to the extent needed to provide that feature to you. This licence exists only to operate the service and ends when your content is deleted or you stop using the relevant feature.

We do not use the contents of your records for advertising, and we do not sell your content or your personal information.

Backups and your responsibility

You are responsible for keeping your own backups of your content.

We will use reasonable care in providing our services, but to the extent permitted by law we are not responsible for any loss, corruption or failure to store content, including where that occurs through a third-party service such as iCloud, or through the loss, damage or resetting of your device.

Purchases and subscriptions

Some of our applications or features may be paid, whether as a one-off purchase or a recurring subscription. Prices and inclusions are shown at the point of purchase.

Where you purchase through a platform such as the Apple App Store, the purchase is processed by that platform, and its billing terms, renewal rules and refund policies apply. Subscriptions purchased through a platform renew automatically unless cancelled through that platform's account settings before the end of the current period.

Refunds are handled by the platform through which you purchased. This does not affect your rights under the Australian Consumer Law, described below.

We may change our prices from time to time. Price changes do not affect a subscription period you have already paid for.

Updates to our applications

We may release updates that fix problems, improve performance, add features or remove them. Depending on your device settings, updates may install automatically.

Some updates may be required for an application to keep working correctly, particularly where they relate to security or compatibility with a new operating system version. Older versions may stop being supported over time.

Third-party services

Our services may rely on or link to services operated by others, including Apple's iCloud and CloudKit, app stores, and hosting providers.

Those services are governed by their own terms and privacy policies, and we are not responsible for their operation, availability or content. Your relationship with those providers is between you and them.

Our intellectual property

Our services, including our software, designs, text, graphics, and the Auricwave Valley name, logo and branding, are owned by us or our licensors and are protected by intellectual property laws.

These terms do not grant you any right to use our name, logo or branding. All rights not expressly granted to you are reserved.

If you send us feedback, suggestions or ideas about our services, we may use them without restriction and without any obligation to you.

Availability and changes to our services

We aim to keep our services running reliably, but we do not guarantee that they will always be available or uninterrupted. Services may be unavailable during maintenance, or because of factors outside our control.

We may add, change, suspend or discontinue features, applications or services. Where we discontinue a service that holds your content, we will take reasonable steps to give you advance notice and a reasonable opportunity to export your content, unless we are prevented from doing so by law or by circumstances beyond our control.

Suspension and termination

You may stop using our services at any time, and you may delete our applications from your devices at any time.

We may suspend or terminate your access to our services if you materially breach these terms, if your use creates a legal risk or a risk to the security or stability of our services, or if we are required to do so by law. Where it is reasonable and lawful to do so, we will give you notice first and an opportunity to resolve the issue.

Sections that by their nature should survive termination — including those covering your content licence, our intellectual property, disclaimers, limitation of liability, indemnity and governing law — continue to apply after these terms end.

Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures, you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods or services remedied if they are not of acceptable quality and the failure does not amount to a major failure.

Where we are permitted to limit our liability for a breach of a consumer guarantee, our liability is limited, at our option, to resupplying the relevant services or paying the cost of having them resupplied.

If you are a consumer in another country, you may have similar rights under your local law, and nothing in these terms limits those rights.

Disclaimers

Subject to the section above and to the extent permitted by law, our services are provided on an "as is" and "as available" basis, and we do not give any warranty that they will meet your particular requirements, operate without interruption or error, or that any defect will be corrected.

Our applications are tools to help you organise information. They are not a substitute for professional advice, and you should not rely on them as the sole record for anything you are legally required to keep, such as tax or compliance records.

Limitation of liability

Subject to the Australian Consumer Law section above, and to the extent permitted by law:

• we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, goodwill, business opportunity or data, however caused; and
• our total liability to you arising out of or in connection with these terms or your use of our services is limited to the greater of the amount you paid us for the relevant service in the twelve months before the claim arose, or one hundred Australian dollars (A$100).

Nothing in these terms limits our liability for fraud, for death or personal injury caused by our negligence, or for any other liability that cannot be limited by law.

Indemnity

To the extent permitted by law, you agree to indemnify us against any loss, damage, cost or expense we reasonably incur as a result of a third-party claim arising from your breach of these terms, your unlawful use of our services, or your infringement of another person's rights.

This indemnity does not apply to the extent the loss was caused by our own breach, negligence or wrongful act. We will notify you of any claim to which this section applies and will not settle it without your consent, which you must not unreasonably withhold.

Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these terms. By using our services, you agree to the collection and use of information as set out in that policy.

Changes to these terms

We may update these terms from time to time — for example, when we release new features or when the law changes.

When we do, we will post the updated terms on this page and update the "Last modified" date above. If the changes are significant, we will take reasonable steps to notify you, such as a notice in our applications or an email.

If you continue to use our services after updated terms take effect, you accept the updated terms. If you do not agree with them, you should stop using our services.

General

These terms, together with our Privacy Policy, are the entire agreement between you and us in relation to our services, and replace any earlier agreement or understanding on that subject.

If any provision of these terms is found to be invalid or unenforceable, that provision applies to the maximum extent permitted, or is severed, and the remaining provisions continue in full force.

If we do not enforce a right under these terms straight away, that is not a waiver of that right.

You may not assign or transfer your rights under these terms without our written consent. We may assign our rights and obligations, for example as part of a sale or restructure of our business, provided your rights are not materially reduced.

Except as stated in the section on applications obtained through Apple, these terms do not create any rights for anyone other than you and us.

Governing law

These terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from them.

If you are a consumer resident in another country, this does not deprive you of the protection of any mandatory consumer law of the country in which you live, or of the right to bring proceedings there where that right cannot be excluded.

Contact us

If you have any questions about these terms, please get in touch.