Terms of Use

(a) In these Terms of Use, "we", "us" and "our" means withHer App Pty Ltd (ACN 697 629 646) of Melbourne, Victoria, Australia. Please read these Terms of Use carefully as they apply to your use of the withHer mobile application and its associated website at withher-app.com, including any content on the mobile application or website (collectively, the App). By accessing or using the App you agree to be bound by these Terms of Use.

(b) We may revise these Terms of Use from time to time and we will provide you with at least 30 days notice prior to such revisions taking effect.

2.1 Registration

(a) You are required to register to use the App. You must be at least 18 years of age to register.

(b) When you register to use the App, you may enter a user name and password which is personal to you. You must ensure that your registration details are true and accurate at all times.

(c) You must keep any user name and password private and confidential and not disclose them to any other person. If you have lost or forgotten your password or you have reason to suspect any unauthorised use, you must immediately reset your password.

(d) You acknowledge and agree that we are entitled to treat the actions of any person who accesses and uses your account using your password as being authorised by you.

2.2 General Restrictions

In using the App, you must not:

• (a) knowingly provide us with inaccurate or incomplete information or impersonate any person or entity
• (b) violate any applicable laws or use the App for any purpose that is unlawful
• (c) knowingly distribute viruses, spyware, corrupted files or any other similar software that may damage the operation of any device
• (d) send spam or similar unsolicited messages
• (e) engage in any conduct that inhibits any other person from using or enjoying the App

2.3 Support

(a) Whilst we endeavour to make the App available at all times, your access may be affected by network capacity, connection availability, scheduled or unscheduled maintenance, or other reasons. If interruptions occur due to circumstances within our control, we will try to resolve them in a timely way.

(b) We may temporarily limit or suspend your access to the App where it is reasonably necessary, including for security, maintenance or operational reasons. We will reinstate your access as soon as reasonably possible.

(a) The App allows you to post content in the Community Feed, upload outfit photos through Night Out Mode, and interact with other users and brand partners (User Content).

(b) You must not provide any User Content that:

• (i) infringes the intellectual property or other rights of another person
• (ii) is defamatory, offensive, abusive or otherwise unlawful
• (iii) would harm, abuse, harass, stalk, threaten or otherwise offend
• (iv) creates a privacy or security risk to any person
• (v) is false, misleading or deceptive
• (vi) would breach any applicable laws

(c) By providing User Content, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, copy, display and modify such content for the purposes of providing and improving the App.

(d) You warrant that you have the right to grant such licence and that your User Content does not infringe the rights of any third party.

(a) The App includes safety features such as Night Out Mode, Halo Circle, SOS alerts, live GPS sharing, outfit photo ID, iPhone Action Button integration and Home Safe check-in. These features are designed to assist with personal safety communication between you and your chosen contacts. These features are tools to help you stay connected with your Halo Circle. They are not and must not be treated as a substitute for emergency services, personal awareness, or common sense safety precautions.

(b) IN AN EMERGENCY, YOU MUST ALWAYS CONTACT TRIPLE ZERO (000) DIRECTLY. The App is not an emergency service. We are not a security company. We do not monitor alerts. We do not dispatch emergency responders. We do not guarantee that any alert, notification or location data will be received by your Halo Circle contacts in a timely manner or at all.

(c) You acknowledge and accept that no mobile application can guarantee your personal safety. Technology is inherently subject to failure, delay, inaccuracy and interruption. By using the safety features of the App, you accept the following risks:

• (i) GPS location data may be inaccurate, delayed or unavailable due to device limitations, environmental factors, network coverage or signal interference
• (ii) SOS alerts and notifications may fail to deliver due to network outages, device malfunctions, low battery, lack of internet connectivity or carrier issues
• (iii) The iPhone Action Button integration relies on iOS Shortcuts functionality which may not work in all circumstances or on all devices
• (iv) Your Halo Circle contacts may not see, read or respond to alerts in a timely manner
• (v) Outfit photos may not accurately represent your appearance at the time of an incident
• (vi) The App may experience downtime, bugs or errors that prevent safety features from functioning

(d) You are solely responsible for your own personal safety at all times. You must not rely on the App as your only safety measure. You should always take independent precautions for your personal safety including telling people where you are going, staying aware of your surroundings and having alternative means of contacting emergency services.

(e) To the maximum extent permitted by law, you agree to release, indemnify and hold harmless withHer App Pty Ltd, its directors, officers, employees, contractors and agents from and against any and all claims, demands, actions, damages, losses, costs, expenses and liabilities arising out of or in connection with your use of or reliance on the safety features of the App, including but not limited to any claim that the safety features failed to operate, failed to deliver alerts, provided inaccurate location data or otherwise failed to prevent harm. This release and indemnity applies regardless of whether such failure was caused by negligence, technical error, network failure, device malfunction or any other reason.

(f) When you activate Night Out Mode for the first time, you will be required to acknowledge and accept a safety disclaimer confirming that you understand the limitations of the safety features and that the App is not a replacement for emergency services.

(g) You must be at least 18 years of age to use the safety features of the App. If you are under 18, you must not activate Night Out Mode, SOS alerts or any other safety feature.

(h) Nothing in this section is intended to exclude or limit any rights you may have under the Australian Consumer Law or any other legislation that cannot be lawfully excluded.

(a) The withHer Card is a digital membership card that provides access to deals from brand partners through Apple Wallet.

(b) Deals are provided by third party brand partners and are subject to their own terms and conditions. We do not guarantee the availability, accuracy or value of any deal.

(c) We may add, remove or modify deals and brand partners at any time without notice.

(a) The App is subject to copyright and other intellectual property rights.

(b) We grant you a limited, non-transferable licence to access and use the App solely for your personal purposes.

(c) We retain all right, title and interest in and to the App and nothing you do on or in relation to the App will transfer any intellectual property rights to you.

(d) You must not copy, modify, reverse engineer or create a derivative work from the App, or sell, assign or sublicense any right in the App.

7.1 Free Trial

(a) We may offer you a free trial when you sign up for access to the App. You are permitted a time-limited trial in accordance with these Terms of Use for the trial period notified to you when you sign up.

(b) If you do not cancel your trial before the trial period ends, you will automatically be charged the subscription fee notified to you when you registered for the free trial.

7.2 Subscription Fees

(a) Except for any free trial period, you must pay for the App as described on the App. All fees are in Australian Dollars and payable in advance.

(b) Your subscription will automatically renew for a further period of the same length unless you cancel before the end of your current period. We will notify you at least 30 days prior to auto-renewal.

(c) We may change subscription fees at any time by providing at least 30 days notice. Changes will apply at the end of your current subscription term.

7.3 Cancellation

(a) You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period.

(b) We do not charge exit fees or early termination fees.

(c) Fees already paid are non-refundable unless otherwise specified in these Terms of Use.

(a) All express or implied guarantees, warranties, representations, terms and conditions relating to these Terms of Use and the App that are not contained in these Terms of Use are excluded to the maximum extent permitted by law.

(b) Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty or right implied or imposed by any law which cannot lawfully be excluded or limited, including the Australian Consumer Law.

(c) Subject to the above and to the maximum extent permitted by law, our maximum aggregate liability to you for all claims under or relating to these Terms of Use or the App is limited to an amount equal to the greater of total subscription fees you have paid to us in the 12 month period immediately prior to the first such claim and AUD100.

(d) Subject to our obligations under any non-excludable provisions, and to the maximum extent permitted by law, we are not liable for special, indirect, consequential, incidental or punitive damages, or damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data.

(a) In using the App, you may give us personal information.

(b) By using the App, you grant us consent to collect, store, use and disclose such personal information as permitted by the Privacy Act 1988 (Cth), any other applicable privacy laws, and our Privacy Policy.

(a) If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(b) These Terms of Use are governed by the laws of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

(c) These Terms of Use constitute the entire agreement between us and you in relation to the App and supersede all other communications whether electronic, oral or written.

(d) Your use of the App is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the App.

(e) No waiver, delay or failure by us to take any action will constitute or be construed as a waiver of that or any other right we may have.