Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and CultivX Pty Ltd (ABN: 29 668 397 877) ("Company", "we", "us", or "our") concerning your use of the ZeroMiss mobile application ("App").

By downloading, installing, or using the App, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must not use the App.

Last updated: September 11, 2025

Eligibility

To use ZeroMiss, you must:

• Be at least 13 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the App under Australian law or the laws of your jurisdiction
• Own or have authorised access to an iOS device running iOS 26 or later

License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal iOS device solely for your personal, non-commercial use.

You may not:

• Copy, modify, or distribute the App
• Reverse engineer, decompile, or disassemble the App
• Rent, lease, lend, sell, sublicense, or transfer the App
• Remove any proprietary notices or labels from the App
• Use the App for any illegal or unauthorised purpose

User Responsibilities

You are responsible for:

• Maintaining the confidentiality of your device and App access
• All activities that occur through your use of the App
• Ensuring that your use of the App complies with all applicable laws
• Backing up your own data (we are not responsible for data loss)
• Ensuring your device settings allow alarms to function properly

Medical Disclaimer

You acknowledge that:

• The App is not intended to diagnose, treat, cure, or prevent any medical condition
• Missing an alarm could have serious consequences for which we are not liable
• You should maintain redundant reminder systems for critical tasks
• Technical failures may prevent alarms from functioning

Subscriptions and Payments

Free Version

The free version of ZeroMiss is provided at no cost with limited features (3 topics, 10 alarms). We reserve the right to modify free tier limitations with reasonable notice.

Pro Subscription

Pro subscriptions are processed through Apple's App Store. By purchasing a Pro subscription:

• You agree to pay the subscription fee displayed in the App Store
• Subscriptions automatically renew unless cancelled 24 hours before the renewal date
• You can manage or cancel subscriptions through your App Store account settings
• No refunds will be provided for partial subscription periods
• Price changes will be communicated with 30 days notice

Refund Policy

All purchases are final. Refunds are handled exclusively through Apple's App Store policies. We cannot provide refunds directly.

Intellectual Property

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, graphics, and the design thereof) are owned by CultivX Pty Ltd and are protected by Australian and international copyright, trademark, and other intellectual property laws.

"ZeroMiss" and our logo are trademarks of CultivX Pty Ltd. You may not use these marks without our prior written permission.

Privacy and Data

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at zeromiss.cultivx.com.au/privacy.

You acknowledge that:

• All alarm data is stored locally on your device
• We collect anonymous analytics data to improve the App
• You are responsible for backing up your own data
• Data may be lost if you uninstall the App or lose your device

Disclaimers and Limitations of Liability

No Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• We are not liable for any loss of profits, data, use, or goodwill
• Our total liability shall not exceed the amount you paid for the App in the past 12 months
• We are not liable for failures caused by factors outside our reasonable control

Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Competition and Consumer Act 2010 (Cth) or similar state and territory legislation that cannot be excluded, restricted, or modified by agreement.

Indemnification

You agree to defend, indemnify, and hold harmless CultivX Pty Ltd, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable laws

Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

• Your right to use the App will cease immediately
• You must delete all copies of the App from your devices
• All provisions of these Terms that should reasonably survive termination will remain in effect

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes through the App or by email. Your continued use of the App after changes become effective constitutes acceptance of the revised Terms.

Governing Law and Disputes

These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the App shall be resolved through:

1. Good faith negotiations between the parties
2. If negotiations fail, mediation under the Australian Commercial Disputes Centre rules
3. If mediation fails, the exclusive jurisdiction of the courts of Victoria, Australia

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CultivX Pty Ltd regarding the App.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights under these Terms without restriction.

Contact Information

For questions about these Terms of Service, please contact us:

Acknowledgment

BY USING THE ZEROMISS APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.