Terms of Service — Shifty

These Terms of Service ("Terms") govern your use of the Shifty mobile application (the "App"), operated by THOMAS W M PTY LTD (ACN 701 107 262) ("Shifty", "we", "us", or "our"). By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Eligibility

You must be at least 16 years old to use Shifty. By using the App you confirm that you meet this requirement and that the information you provide is accurate.

2. Your account

• You are responsible for maintaining the confidentiality of your login details and for all activity under your account.
• You agree to provide accurate information and to keep it up to date.
• Notify us immediately at contact@shiftyapp.org if you suspect unauthorised use of your account.

3. Health & wellbeing disclaimer

Shifty provides general information and wellbeing guidance for shift workers, based on publicly available research on sleep and circadian rhythms. This is not medical advice.

• Shifty is not a medical device, and its recommendations are not a substitute for professional medical, psychological, nutritional, or fitness advice, diagnosis, or treatment.
• Always consult a qualified healthcare professional before making changes to your sleep, diet, exercise, or medication, and before starting any new exercise program.
• Never disregard professional medical advice or delay seeking it because of something in the App.
• If you think you may have a medical emergency, contact your doctor or emergency services immediately.
• You use the App's recommendations at your own risk and are solely responsible for decisions you make based on them.

You should not rely on the App if you have a medical condition affected by sleep, shift work, diet, or exercise without first consulting your healthcare provider.

4. Exercise & activity

Physical activity carries inherent risks. By following any exercise, stretching, or movement content in the App, you accept those risks. Stop immediately and seek medical help if you feel pain, dizziness, or discomfort. Ensure any activity is appropriate for your fitness level and health.

5. Shifty Partners and member discounts

• "Shifty Partners" are independent third-party businesses that choose to offer discounts to Shifty members. They are not owned or controlled by Shifty.
• Discounts, daily deals, opening hours, and availability are set by each partner and may change or end at any time without notice. We do not guarantee that any offer will be honoured.
• Your interactions and transactions with a partner are solely between you and that partner. We are not responsible for the goods, services, conduct, or offers of any partner.
• The in-app member card is provided to help you identify yourself as a member. Misuse (e.g. sharing, copying, or falsifying it) may result in suspension of your account.

6. Subscriptions and payments (applies when paid subscriptions are offered)

The App is currently offered free of charge. If we introduce paid subscriptions ("Shifty Pro"), the following applies:

• Subscriptions are sold as auto-renewable in-app purchases through the Apple App Store and are subject to Apple's terms and payment processing.
• Payment is charged to your Apple ID at confirmation of purchase.
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. Your Apple ID account is charged for renewal within 24 hours before the period ends.
• You can manage or cancel your subscription in your Apple ID account settings. Deleting the App does not cancel a subscription.
• Any free trial's unused portion is forfeited when you purchase a subscription, where applicable.
• Prices are shown in the App and may change; we will give notice as required.
• Refunds are handled by Apple in accordance with App Store policy.

7. Acceptable use

You agree not to:

• use the App for any unlawful purpose or in breach of these Terms;
• attempt to reverse-engineer, copy, resell, or exploit the App or its content;
• interfere with or disrupt the App's operation or security;
• misrepresent your identity or membership status;
• upload or transmit malicious code.

8. Intellectual property

The App and its content — including software, text, recommendations, videos, graphics, and branding — are owned by or licensed to THOMAS W M PTY LTD and are protected by intellectual property laws. We grant you a limited, personal, non-transferable, revocable licence to use the App for your own personal, non-commercial use. You may not reproduce or distribute the content without our permission.

9. Third-party content and services

The App relies on third-party services (including Apple, Apple Maps, video hosting, and content hosting). We are not responsible for third-party services or content, and their availability is not guaranteed.

10. Disclaimers

To the maximum extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, whether express or implied. We do not warrant that the App will be uninterrupted, error-free, accurate, or that recommendations will achieve any particular result.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or other applicable law that cannot lawfully be excluded.

11. Limitation of liability

To the maximum extent permitted by law, and subject to Section 10:

• We are not liable for any indirect, incidental, special, or consequential loss arising from your use of (or inability to use) the App, including any loss relating to sleep, health, missed shifts, or reliance on recommendations or partner offers.
• Where our liability cannot be excluded but can be limited, our total liability is limited to, at our option, the resupply of the relevant services, or the payment of the cost of having the services supplied again; or, where that is not possible, the greater of (a) the total amount (if any) you have paid us in the 12 months before the claim, or (b) AUD $100.

12. Suspension and termination

We may suspend or terminate your access to the App if you breach these Terms or misuse the App. You may stop using the App and delete your account at any time.

13. Changes to the App and these Terms

• We may modify, suspend, or discontinue features of the App at any time.
• We may update these Terms from time to time. We will update the "Last updated" date and, where appropriate, notify you in the App. Continued use after changes means you accept the updated Terms.

14. Governing law

These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of that place, without limiting any rights you have under mandatory consumer protection laws in your own country.

15. Contact us

THOMAS W M PTY LTD
Email: contact@shiftyapp.org

16. Apple App Store

These Terms are between you and THOMAS W M PTY LTD only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content. Your use of the App must also comply with the App Store Terms of Service and Usage Rules.

You acknowledge and agree that:

• The licence granted to you for the App is a non-transferable licence to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
• Apple has no obligation to provide any maintenance or support services for the App. Any questions or support requests should be directed to us at contact@shiftyapp.org.
• To the maximum extent permitted by law, Apple provides no warranty for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the App. Subject to that, and to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your use of it, including: (a) product liability claims; (b) any claim that the App fails to conform to any legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar laws.
• In the event of any third-party claim that the App or your use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement, and discharge of that claim.
• You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms of agreement when using the App.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, 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.