TERMS OF USE

Welcome to KnowYourPropFin! We publish KnowYourPropFin, a residential property finance modelling application for Apple devices, including iPhone, iPad and Mac, that helps you model, compare and document property finance scenarios based on the information and assumptions you enter (App). In these Terms, we, our or us means the publisher of the App, whose details are set out at the end of these Terms.

These terms of use (Terms) govern your download, access to and use of the App and any In-App Purchase you make. Please read these Terms carefully before you use the App.

IMPORTANT: THE APP IS AN ILLUSTRATION AND EDUCATION TOOL ONLY.

It does not provide financial, investment, legal, tax, credit, mortgage or property advice, and its outputs are illustrative estimates based only on the information and assumptions you enter. They are not recommendations, approvals, valuations, forecasts or guarantees, and must not be relied on. You should obtain advice from an appropriately qualified professional before making any financial decision. Please see clause 4.

1 READING AND ACCEPTING THESE TERMS

(a) In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bold brackets, or as set out in the Definitions table at the end of these Terms.

(b) When you first open the App, you will be shown these Terms with the option to Accept or Decline. If you Decline, the App will close and you will not be able to use it. By tapping Accept, or by downloading, installing or using the App or making an In-App Purchase, you agree to be bound by these Terms, which form a binding agreement between you and us.

(c) At the point of an In-App Purchase, you will also be asked to confirm that you have read and agree to these Terms and our Privacy Policy before the purchase completes (see clause 5.4).

(d) We may update these Terms from time to time. The current version will be available in the App and here, and updated Terms may be delivered with App updates through the App Store. Your continued use of the App after an update takes effect means you agree to the updated Terms.

2 ELIGIBILITY

(a) By accepting these Terms, you represent and warrant that you have the legal capacity and authority to enter into a binding contract with us.

(b) The App is intended for use by persons aged 18 years or older. By using the App, you represent and warrant that you are at least 18 years old.

(c) You may use the App for your own personal use and, provided you comply with clause 4.2, for your own internal business or professional use.

(d) If you use the App on behalf of a company, employer, organisation or other legal entity (Represented Entity), then references to you include the Represented Entity, and you represent and warrant that you are authorised to bind it to these Terms.

3 YOUR LICENCE TO USE THE APP

3.1 LICENCE AND ACCESS

(a) Subject to these Terms and the Apple Usage Rules, we grant you a personal, non-exclusive, non-transferable, revocable and limited licence to download and use the App on any Apple-branded device that you own or control, for the purposes for which the App is designed. This is a licence to use the App, not a sale of it, and we and our licensors retain ownership of the App.

(b) The App is free to download and some features are available free of charge. You can unlock the App's full functionality by making a single one-off In-App Purchase. This is a one-time purchase, not a subscription, and no recurring fees apply.

(c) We may release updates, upgrades or new versions of the App from time to time through the App Store. Updates may be required for the App to keep working, and may add, change or remove features.

(d) We may change the features of the App at any time.

3.2 RESTRICTIONS ON USE

You must not, and must not permit any other person to:

(a) copy, reproduce, distribute, publish or make the App available to any third party, except as these Terms allow;

(b) sell, rent, lease, sub-licence, lend or otherwise transfer the App;

(c) adapt, modify, translate or create derivative works of the App;

(d) decompile, disassemble or reverse engineer the App, or attempt to derive its source code, except to the extent this restriction cannot lawfully be excluded;

(e) remove, obscure or alter any copyright, trade mark or other proprietary notice on the App;

(f) circumvent, or attempt to circumvent, any security or technical protection measure in the App;

(g) use the App for any unlawful, fraudulent or harmful purpose, or in breach of the Apple Usage Rules or any applicable law; or

(h) use the App other than for the purpose for which it was designed.

4 ILLUSTRATION TOOL ONLY, NOT FINANCIAL ADVICE

4.1 ILLUSTRATION AND EDUCATION ONLY

(a) The App is an illustration and education tool. It performs calculations and models property finance scenarios based solely on the information, figures and assumptions that you enter or select.

(b) The App, its outputs and any material made available through it do not constitute, and must not be relied on as, financial, investment, legal, tax, credit, mortgage, property or any other kind of professional advice. We are not your financial adviser, credit provider, credit assistance provider, mortgage broker or accountant, we do not hold an Australian Financial Services Licence or an Australian Credit Licence, and nothing in the App is a recommendation, opinion or statement that any course of action is suitable for you or any other person.

(c) All outputs are illustrative estimates only. They depend entirely on the accuracy and completeness of the inputs and assumptions used, may not reflect your actual circumstances, and are not forecasts, valuations, approvals, promises or guarantees of any outcome. Actual results will differ, potentially materially.

(d) You are responsible for the information and assumptions you enter, and for reviewing and forming your own view about the outputs. You must not make, or decide not to make, any financial or other decision in reliance on the App, and you should obtain independent advice from an appropriately qualified professional, such as a licensed financial adviser, mortgage broker, accountant or lawyer, before doing so.

(e) To the maximum extent permitted by law, we do not warrant that any output is accurate, complete, current or fit for any particular purpose.

4.2 PROFESSIONAL AND CLIENT USE

(a) If you use the App in connection with your business or profession, including with or for your own clients, for example as a mortgage broker or adviser, you do so on your own account and remain solely responsible for the outputs and for your own advice, recommendations and services. You must not present any output to a client or other person as advice, an approval, a valuation or a guarantee, and you must ensure that any person to whom you give an output understands that it is an illustration only.

(b) You indemnify us against any loss, damage, cost or claim we suffer or incur arising out of or in connection with your use of the App in your business or profession, or with your clients.

5 YOUR DATA AND PRIVACY

5.1 HOW YOUR DATA IS STORED

(a) The App is designed to keep your data on your device and under your control. Data you enter is stored locally on your device using Apple's CoreData and, where you enable it, synced through your own iCloud account using Apple's CloudKit and stored in your Apple Keychain.

(b) We do not operate any server for the App. We do not collect, receive, transmit, host or have access to the data you enter, your exported files, your passwords or your Keychain-stored secrets, and the App does not send any of that data to us or to any third party.

(c) iCloud, CloudKit, the Keychain and other Apple services are provided by Apple, not by us, and your use of them is governed by Apple's own terms and privacy policy. We are not responsible for those services, or for any loss of, or access to, data stored using them.

5.2 EXPORTS AND BACKUPS

(a) The App lets you export and back up your data, including as spreadsheets and other data files, and to import and restore it. These functions are entirely under your control.

(b) Exported files contain the data you used, which may include personal information such as a name, address or asset address. You are responsible for how you store, secure, transmit and share your exported files, including whether you encrypt them and how you keep any password. Once a file leaves the App, we have no control over it and no responsibility for it.

(c) We do not hold any backup of your data. You are responsible for keeping your own backups. We do not guarantee that any data, backup or exported file will be free from loss, corruption or error, and to the maximum extent permitted by law we are not liable for any such loss, corruption or error.

5.3 SECURITY

While the App is designed to keep your data on your device and under your control, no method of electronic storage or transmission is completely secure. To the maximum extent permitted by law, we do not warrant or guarantee that your data or files cannot be accessed, lost or altered, including through hacking, malware or loss of your device.

5.4 PRIVACY

Because the App does not send your data to us, we do not collect personal information about you through the App. Our Privacy Policy, available at Privacy Policy, explains how we handle any personal information you choose to give us separately, for example if you contact us for support, and includes our App Store privacy disclosures. By using the App, you agree to our Privacy Policy.

6 INTELLECTUAL PROPERTY

(a) We and our licensors own all Intellectual Property Rights in the App, including its software, design, text, graphics, logos and content (App Content). Except for the licence granted in clause 3, no rights in the App or App Content are granted to you.

(b) As between you and us, you own the data, inputs and assumptions you enter into the App. We do not claim, and you do not grant us, any licence or rights in that data, consistent with the fact that it is not provided to us.

(c) If you choose to send us feedback or suggestions about the App, you grant us a perpetual, irrevocable, royalty-free licence to use them, without any obligation or payment to you.

7 THE APP STORE AND APPLE

(a) These Terms are between you and us only, and not with Apple Inc. (Apple). We, not Apple, are solely responsible for the App and its content.

(b) Apple has no obligation to provide any maintenance or support services for the App.

(c) If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) you paid for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, not Apple's.

(d) We, not Apple, are responsible for addressing any claim by you or a third party relating to the App or your possession or use of it, including product liability claims, any claim that the App does not meet a legal or regulatory requirement, and claims under consumer protection or similar law.

(e) We, not Apple, are responsible for investigating, defending, settling and discharging any third-party claim that the App, or your possession and use of it, infringes that third party's intellectual property rights.

(f) You represent and warrant that you are not located in a country subject to a US Government embargo, or designated as a 'terrorist supporting' country, and that you are not listed on any US Government list of prohibited or restricted parties.

(g) You must comply with any applicable third-party terms when using the App, for example the Apple Media Services Terms and Conditions and the usage rules in them (Apple Usage Rules).

(h) Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, on your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

8 FEES AND IN-APP PURCHASES

(a) The App is free to download. The only charge is an optional one-off In-App Purchase to unlock the App's full functionality (Purchase Price).

(b) All purchases are processed by Apple through your Apple Account and are subject to Apple's terms. Prices are shown in the App Store and include any applicable taxes, such as GST, VAT or sales tax, which Apple collects and remits where it is required to. We do not process your payment and do not receive or store your payment details.

(c) Because the In-App Purchase is a one-off purchase, no subscription, recurring charge or automatic renewal applies.

(d) Refunds for App Store purchases are handled by Apple in accordance with Apple's policies. We do not process refunds. Nothing in this clause limits any right you have under the Australian Consumer Law (see clause 9.1).

9 CONSUMER LAW, WARRANTIES AND LIABILITY

9.1 AUSTRALIAN CONSUMER LAW

(a) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) (ACL). Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the ACL or any other law that cannot lawfully be excluded (Non-excludable Rights). If you use the App outside Australia, you may also have rights under the consumer protection laws of the country where you are located, and nothing in these Terms limits any of those rights to the extent they cannot lawfully be excluded.

9.2 WARRANTIES AND APP LIMITATIONS

(a) Except for the Non-excludable Rights, and to the maximum extent permitted by law, the App is provided on an 'as is' and 'as available' basis, and all express or implied representations and warranties not expressly stated in these Terms are excluded.

(b) You acknowledge and agree that, from time to time: the App may contain errors or defects; the App may not be available or uninterrupted; outputs may be inaccurate or incomplete; and the App depends on your device and on Apple services that we do not control.

9.3 LIABILITY

(a) To the maximum extent permitted by law, and subject to the Non-excludable Rights, our total aggregate liability to you for all loss or damage arising out of or in connection with the App or these Terms, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total Purchase Price you have paid for the App or, where you have paid nothing, to us resupplying the App.

(b) Where the Non-excludable Rights apply and the App is not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to comply with a consumer guarantee is limited, to the extent permitted by law, to resupplying the App or paying the cost of having it resupplied.

(c) To the maximum extent permitted by law, and subject to the Non-excludable Rights, we are not liable for any loss or damage arising out of or in connection with:

(i) the inputs, figures or assumptions you enter, or your reliance on any output; any decision you make or do not make in connection with the App;

(ii) your business or professional use of the App, or use of the App with your clients; or your export, storage, encryption, transmission or loss of any file or data.

9.4 CONSEQUENTIAL LOSS

(a) To the maximum extent permitted by law, and subject to the Non-excludable Rights, neither party is liable for any indirect, incidental, special or consequential loss or damage, or for loss of data, profits, revenue, goodwill or anticipated savings, in connection with the App or these Terms, except in relation to a party's liability for fraud, personal injury or death.

9.5 INDEMNITY

(a) You indemnify us against any loss, damage, cost or claim we suffer or incur arising out of or in connection with your breach of these Terms or your misuse of the App, except to the extent it is caused by us.

10 TERM AND TERMINATION

(a) These Terms apply from when you first accept them and continue while you have the App installed or continue to use it.

(b) You may stop using the App and delete it from your devices at any time.

(c) We may suspend or terminate your licence to use the App if you breach these Terms.

(d) On termination, your licence ends and you must stop using and delete the App. Because your data is stored on your device and your own iCloud and is not held by us, it remains under your control, and we have no obligation or ability to retrieve, return or delete it for you.

(e) Termination does not affect any Purchase Price already paid, which is non-refundable except as required by the ACL or Apple's policies, or any provisions that are by their nature intended to survive termination, including clauses 4, 6, 9 and this clause 10.

11 DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has first complied with this clause.

(b) A party requiring resolution of a dispute must give the other party written notice setting out reasonable details of the dispute.

(c) On receipt of a dispute notice, the parties must use their best efforts to resolve the dispute in good faith. If the dispute is not resolved within 14 days after the notice (or a longer period agreed in writing), either party may take legal proceedings.

12 GENERAL

12.1 GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

12.2 WAIVER

A party's failure or delay in exercising a right under these Terms is not a waiver of that right, and no waiver is effective unless it is in writing.

12.3 SEVERANCE

Any term of these Terms that is wholly or partly void or unenforceable is severed to the extent that it is void or unenforceable, and the rest of these Terms continues in force.

12.4 ASSIGNMENT

You may not assign, novate or otherwise transfer your rights or obligations under these Terms. We may assign, novate or transfer our rights and obligations, including to the company that will own and operate the App once it is incorporated, on notice to you.

12.5 ENTIRE AGREEMENT

These Terms record the entire agreement between the parties about their subject matter and supersede all previous understandings or agreements about that subject matter.

12.6 NOTICES

You can contact us at contact@etoilepisces.com. We may give you notices through the App, the App Store or here, or by email if you have given us an email address.

12.7 INTERPRETATION

In these Terms:

(a) the singular includes the plural and vice versa;

(b) a reference to '$' or 'dollars' is to Australian currency;

(c) headings and bold type are for convenience only and do not affect interpretation;

(d) 'includes' and similar words are not words of limitation; and

(e) no provision will be interpreted against a party only because that party prepared it.

12.8 WHO WE ARE

We are Etoile Pisces Pty Ltd, an Australian business with ABN 51 700 061 918.