Terms of Service

1. About these terms

These are the Terms of Service (the Terms) for the Novie app and the novie.life website (together, the Service), provided by Novie Holdings Pty Ltd (ABN 79 688 622 906, ACN 688 622 906), a company registered in Australia. Our postal address is PO Box 154, Erskineville NSW 2043, Australia (Novie, we, us, or our).

By creating an account, downloading the app, or otherwise accessing the Service, you enter into a binding agreement with Novie on these Terms. Please read them carefully. They limit some of our liability and explain how disputes are resolved. If you do not agree to these Terms, do not use the Service.

If anything here is unclear, you can ask us at hello@novie.life.

2. The Service

2.1 What Novie does

Novie is a parenting support service. It provides general guidance and information across sleep, nourishment, feelings and behaviour, and growth and development for parents and caregivers of babies and young children. The Service includes content modules, tracking tools, an AI-assisted chat feature, and personalised guidance based on the information you provide about your household and your child.

2.2 What Novie is not

Novie is not a medical service, a healthcare provider, or a substitute for professional medical advice, diagnosis, or treatment. It is not a registered medical device. It is not an emergency service: if you or your child are experiencing a medical emergency, call 000 in Australia, 911 in the United States, 999 in the United Kingdom, or your local emergency number. It is not a substitute for professional support from your general practitioner, paediatrician, lactation consultant, dietitian, child and family health nurse, mental health professional, or other qualified person. It is not designed to be used by children: the Service is intended for parents and caregivers aged 18 or over.

The information Novie provides is general in nature and may not be appropriate for your specific circumstances. You agree to use your own judgement, and to consult a qualified professional, before acting on any guidance the Service provides.

2.3 The AI-assisted chat feature

The chat feature uses an artificial intelligence model accessed through Amazon Web Services to generate responses to your messages.

• AI-generated responses can be inaccurate, incomplete, or out of date.
• AI responses are not reviewed by a human before they reach you.
• You should not rely on the AI for safety-critical decisions, including decisions about medication, allergens, illness symptoms, sleep safety, or feeding safety.
• You should not share information that you do not want processed by an AI provider, including information about people who have not consented to be discussed.
• The chat feature is rate-limited on the free tier.

3. Eligibility and account creation

3.1 Who can use the Service

You may only use the Service if you are at least 18 years old (or a mature minor of at least 16 with capacity to enter into a binding contract in your jurisdiction), you have the legal authority and the consent of any other parent or guardian to provide information about each child you add, and your use of the Service does not violate any applicable law.

3.2 Information you provide is accurate

You agree to provide accurate, current, and complete information when you create your account and when you add information about your household, your children, or any caregiver you invite, and to update that information when it changes.

3.3 Account security

You are responsible for keeping your account credentials confidential and for all activity that takes place under your account. If you suspect that someone else has accessed your account, contact us at hello@novie.life immediately.

3.4 Caregiver invitations

The Service lets you invite other caregivers to your household with one of three access levels: full, track-only, or view-only. By inviting a caregiver, you confirm that you have authority to share the household and child information with that person, that they are at least 18 (or a mature minor with capacity), and that they consent to the Service’s Privacy Policy and these Terms. You may revoke a caregiver’s access at any time. Revocation removes access through the Service but does not delete the underlying records.

4. Subscriptions, billing, and refunds

4.1 Free and Premium tiers

The Service is offered with a Free tier, which provides access to a defined set of content and features and includes a daily message limit on the AI-assisted chat, and a Premium tier, an auto-renewing paid subscription which removes the daily message limit and includes additional features as described in the App Store listing and in-app paywall. Pricing is shown in the App Store and may change in line with section 4.5.

4.2 How payments are processed

Premium is sold and billed through your Apple App Store account, and the Apple Media Services Terms and Conditions apply to that purchase. Apple is the merchant of record for App Store purchases. Where Australian Consumer Law or another applicable consumer protection law gives you a right to a refund directly from Novie, that right is preserved (see section 4.6).

4.3 Auto-renewal

Premium subscriptions auto-renew at the end of each billing period at the then-current price, unless you turn off auto-renew at least 24 hours before the end of the current period. Apple will charge your payment method within 24 hours before the period ends. You can manage and cancel your subscription at any time in your Apple ID account settings. We cannot manage Apple subscriptions on your behalf.

4.4 Free trials and promotional pricing

Where we offer a free trial or promotional pricing through the App Store, the trial converts to a paid subscription at the end of the promotional period unless you cancel. If you have previously used a free trial of the same subscription, Apple may not honour a new trial.

4.5 Price changes

If we change the price of Premium, Apple will notify you before the change takes effect, in line with App Store policy. If you do not agree to the new price, you can cancel before the next renewal.

4.6 Refunds and the Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy you may have under the Competition and Consumer Act 2010 (Cth), which includes the Australian Consumer Law, or any equivalent legislation that cannot be excluded.

Subject to that: App Store refunds are requested directly through Apple at reportaproblem.apple.com. If the Service has a major failure under the Australian Consumer Law, you are entitled to a refund or to terminate the contract, and you can request a refund directly from Novie at hello@novie.life. We do not offer a general change-of-mind refund except where required by law. EU users may have a 14-day right of withdrawal for digital subscription contracts, subject to the conditions in the Premium paywall.

4.7 Family Sharing

Premium is enabled for Apple Family Sharing where Apple’s settings allow.

5. Acceptable use

You may use the Service for personal, non-commercial purposes related to your own household and the children in your care. You must not:

• Use the Service to provide information about children who are not in your care, or about other people who have not consented.
• Attempt to use the Service to provide professional advice, or to diagnose or treat any person.
• Upload, share, or input any content that is unlawful, threatening, abusive, defamatory, harassing, sexually explicit, or that depicts or describes the abuse, exploitation, or endangerment of a child.
• Attempt to extract, reverse-engineer, or train any model on the Service’s content, except as expressly permitted by law that we cannot exclude.
• Attempt to gain unauthorised access to the Service, to any account other than your own, or to any of our infrastructure.
• Use the Service to send spam or malware, or to make automated requests other than as permitted by an agreement with us.
• Impersonate any person or misrepresent your relationship with a child.
• Use the Service in any way that breaches applicable law.

If you become aware of misuse of the Service, content of concern, or any safety issue, please report it to hello@novie.life. For urgent child-safety concerns in Australia, contact your state child-protection service or the Australian Federal Police. We may investigate suspected breaches and may suspend or terminate access, remove content, or take other proportionate action, and where required we will cooperate with law enforcement and child-protection authorities.

6. Content and intellectual property

6.1 Our content

The Service, including its software, design, content modules, illustrations, written guidance, audio, video, branding, and trademarks, is owned by Novie or licensed to Novie. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Service for the purpose described in section 2.1 while these Terms apply to you. You may not copy, modify, distribute, sell, lease, or create derivative works of any part of the Service, except as expressly permitted by these Terms or by applicable law that we cannot exclude.

6.2 Your content

You retain ownership of the content you input into the Service, including information about your household, your children, your tracking entries, your photos, and your chat messages (Your Content). You grant Novie a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, modify, transmit, and process Your Content for the purpose of operating, providing, securing, improving, and supporting the Service. The licence ends when you delete the relevant content or close your account, except for residual processing as described in our Privacy Policy. We do not use Your Content to train any AI model, and we do not sell Your Content.

6.3 Feedback

If you give us feedback or suggestions about the Service, we may use that feedback freely and without obligation to you.

6.4 Copyright complaints

If you believe content on the Service infringes your copyright, please send a notice with the relevant details to legal@novie.life.

7. Health, safety, and AI disclaimers

7.1 Not medical advice

Novie provides general parenting guidance based on research and expert knowledge. The Service does not provide medical, psychological, dietetic, or other professional advice, and does not establish a clinician-patient relationship. You must consult a qualified healthcare professional for any medical or psychological concern about you, your child, or any other person. Do not delay seeking professional advice because of anything you read or are told through the Service.

7.2 Allergens and safety-critical content

Novie includes features designed to help you manage information about allergens and other safety-critical topics. You remain responsible for confirming any allergen, medication, or safety-related information with a qualified healthcare professional and with the manufacturer’s labelling on any product. Do not introduce a new food, change a medication, or alter a safety practice based on the Service alone.

7.3 AI output

The AI-assisted chat feature uses a large language model. AI output may contain errors, omissions, or content that is inappropriate for your situation. Do not rely on AI output for any decision that has the potential to harm you, your child, or any other person. Always verify AI output against authoritative sources, including a qualified professional.

7.4 No reliance for emergencies

The Service is not designed for emergencies. In an emergency, contact your local emergency service immediately.

8. Privacy

Our Privacy Policy at novie.life/privacy explains what information we collect, how we use it, who we share it with, how long we keep it, and your privacy rights. The Privacy Policy forms part of these Terms. By using the Service, you consent to the processing described in the Privacy Policy. Where applicable law requires a specific lawful basis or specific consent, including for processing children’s information, the Privacy Policy describes how that consent is obtained and managed.

9. Suspension, termination, and account deletion

9.1 You can stop using the Service at any time

You can delete your account from within the app at any time, or email hello@novie.life to request deletion. When you delete your account, access to the Service ends immediately, Premium subscriptions continue through the end of the current billing period unless you also cancel through Apple, and your data is deleted in accordance with the Privacy Policy. Some data is retained for the periods set out in that policy where retention is required by law or for legitimate business reasons.

9.2 We can suspend or terminate

We may suspend or terminate your access to the Service if you breach these Terms, if your continued access creates a risk to the safety of any person (particularly a child), if continued provision would breach applicable law or expose Novie to legal risk, for prolonged inactivity after appropriate notice, or on reasonable notice if we discontinue the Service. Where suspension or termination is for breach or safety risk, we may act without prior notice. Where the reason allows, we will give you reasonable notice and an opportunity to remedy the breach.

9.3 Effect of termination

Termination ends your right to access and use the Service. The sections of these Terms that by their nature should survive termination, including those on what Novie is not, intellectual property, health and AI disclaimers, liability, indemnity, governing law, and safeguarding, continue to apply.

10. Limitation of liability

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for breach of any consumer guarantee under the Australian Consumer Law that cannot be excluded, or for any other liability that cannot be excluded under applicable law.

Subject to that, and to the maximum extent permitted by applicable law, Novie’s total aggregate liability to you arising out of or in connection with the Service or these Terms is limited to the greater of the total fees you have paid Novie in the 12 months immediately before the event giving rise to the liability, or AUD $100. Novie is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, business, data, or goodwill.

For Australian users, the following statement is included as required by the Australian Consumer Law: "Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service."

11. Indemnity

You agree to indemnify, defend, and hold harmless Novie, its directors, officers, employees, and contractors against any claim, demand, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or in connection with your breach of these Terms or of applicable law, any content you input into the Service that infringes the rights of, or causes harm to, another person, or your use of the Service in a way that misrepresents your authority over a child or another caregiver. This indemnity does not apply to the extent the loss is caused by Novie’s negligence, wilful misconduct, or breach of these Terms, or where the indemnity would be void or unenforceable under applicable consumer-protection law.

12. Governing law and dispute resolution

These Terms and any dispute about the Service are governed by the laws of New South Wales, Australia, and the laws of the Commonwealth of Australia that apply in New South Wales. Subject to the paragraph below, you and Novie submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

Nothing above deprives you of the protection of mandatory consumer-protection law in your country of residence. If you live in the European Union or the United Kingdom, you may bring proceedings in your country and may rely on the consumer-protection law of your country to the extent it applies. If you live in the United States, certain federal and state consumer-protection laws may apply.

Before starting any formal proceeding, you agree to contact us at legal@novie.life and to attempt to resolve the dispute informally for at least 30 days.

13. Safeguarding

Novie is committed to the safety of children. If, in the course of providing the Service, Novie becomes aware of information that suggests a child is at risk of harm, Novie may report that information to the relevant child-protection authority, the police, the eSafety Commissioner, or the equivalent authority in your country, or contact you directly. If you become aware of information through the Service that suggests a child is at risk of harm, please contact your local child-protection authority. We will cooperate with valid legal requests from law enforcement and child-protection authorities in accordance with applicable law and our Privacy Policy.

14. Changes to the Service and to these Terms

We may add, remove, or change features of the Service from time to time, and will give reasonable notice of material changes affecting paid subscribers. We may also update these Terms. Where a change is material, we will notify you in advance through the Service or by email and, where required by law, ask you to accept the new Terms before continuing to use the Service. Continuing to use the Service after a change takes effect means you accept the change. If you do not accept a material change, you can stop using the Service and request deletion of your account.

15. General

These Terms, together with the Privacy Policy and any additional terms presented to you in the Service, are the entire agreement between you and Novie about the Service. If any part of these Terms is found to be invalid or unenforceable, the rest continues to apply. If we do not enforce a right on a particular occasion, that does not waive our right to enforce it later. You may not assign these Terms without our consent; we may assign them to a successor in connection with a merger, acquisition, or sale of assets, on notice to you. Neither party is liable for any failure or delay caused by an event outside its reasonable control. Notices to Novie should be sent to legal@novie.life; notices to you will be sent to the email associated with your account or through the Service. These Terms do not create a partnership, joint venture, employment relationship, or agency.

15.1 Apple-specific terms

• These Terms are between you and Novie, not between you and Apple.
• Novie, not Apple, is responsible for the Service and its content.
• Apple has no obligation to furnish maintenance and support services for the Service.
• Apple has no responsibility for any product warranty claims, product liability claims, claims that the Service fails to conform to legal or regulatory requirements, or claims arising under consumer-protection law.
• Apple is a third-party beneficiary of these Terms and may enforce them against you.

16. Contact

• Novie Holdings Pty Ltd, ABN 79 688 622 906, ACN 688 622 906
• PO Box 154, Erskineville NSW 2043, Australia
• General: hello@novie.life
• Legal: legal@novie.life
• Privacy: privacy@novie.life