Terms of Service

Last updated: March 2026

1. Acceptance of Terms

These Terms of Service ("Terms") form a legally binding agreement between you and The Peachy Life Company ABN [to be inserted] ("we", "us", "our", "The Peachy Life Company"), a company incorporated in New South Wales, Australia, operating The Peachy Life mobile application (the "App") and related website at thepeachylifecompany.com (together, the "Service").

By downloading, installing, accessing, or using the App or any part of the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

If you do not agree to these Terms, you must not download, install, or use the App.

Clickwrap: A formal in-app acceptance step is planned for an upcoming release. Until that step is in place, your continued use of the App following any material change to these Terms constitutes your acceptance of the updated Terms.

On behalf of a business: If you are agreeing to these Terms on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms. In that case, "you" refers to the organisation.

2. Description of Service

The Peachy Life is a mental fitness companion application. The Service currently includes:

• Mood tracking: log and review daily mood check-ins, emotion words, and activity tags.
• Journaling: private free-text journal entries stored securely in your account.
• Biometric integration: optional sync with Apple Health (iOS), Google Health Connect (Android), and Garmin Connect to incorporate sleep, activity, and heart-rate data into your wellbeing picture.
• AI chat feature: a conversational wellbeing tool powered by OpenAI's API, grounded in positive psychology and cognitive-behavioural frameworks.
• Insight reports: automated summaries and patterns derived from your data.
• Goal and values tracking: tools to set and reflect on personal goals aligned with your values.

The App is a self-care and wellness tool only. It is not a medical device, does not provide clinical assessments or diagnoses, and is not regulated by the Therapeutic Goods Administration (Australia), the Medicines and Healthcare products Regulatory Agency (UK), or the Food and Drug Administration (USA).

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with or without notice, subject to Section 14 (Changes to These Terms).

3. Eligibility

You must meet all of the following requirements to use the Service:

• Age: You must be at least 16 years old. The App is not intended for children under 16.
• Parental or guardian consent (under 18): If you are between 16 and 17 years old (or the age of majority in your jurisdiction, whichever is higher), you confirm that a parent or legal guardian has reviewed and consents to your use of the Service and to these Terms. We may require verifiable parental consent before permitting use by users under 18 in certain jurisdictions.
• Legal capacity: You have the legal capacity to enter into a binding contract in your jurisdiction.
• No prior termination: You have not previously been suspended or banned from using the Service.
• Compliance: Your use of the Service does not violate any applicable law or regulation.

We do not knowingly collect personal information from anyone under 16. If we become aware that a user is under 16, we will close their account and delete their data. If you believe a minor under 16 has created an account, please contact us at hello@thepeachylifecompany.com.

4. User Accounts and Security

4.1 Account creation

To access personalised features, you will need to create an account. You agree to provide accurate, current, and complete information when registering and to keep that information updated.

4.2 Account security

You are solely responsible for maintaining the confidentiality of your account credentials (username, password, or any third-party login). You agree to:

• choose a strong, unique password and not share it with anyone;
• notify us immediately at hello@thepeachylifecompany.com if you suspect any unauthorised access to or use of your account;
• ensure you log out of shared or public devices after each session.

We will not be liable for any loss or damage arising from your failure to protect your account credentials, except where such loss results from our negligence or breach of applicable law.

4.3 Account responsibility

You are responsible for all activity that occurs under your account. You may not transfer your account to another person or allow others to use your account.

4.4 One account per person

You may create and maintain one personal account. Creating multiple accounts to circumvent suspensions or restrictions is prohibited.

5. Acceptable Use Policy

You agree to use the Service only for lawful, personal, non-commercial purposes. You must not:

• use the Service in any way that violates any applicable local, national, or international law or regulation;
• impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
• attempt to gain unauthorised access to any part of the Service, our servers, databases, or systems connected to the Service;
• reverse engineer, decompile, disassemble, or attempt to derive the source code of the App except to the extent expressly permitted by applicable law that cannot be contractually excluded;
• interfere with or disrupt the integrity or performance of the Service, including transmitting malware, viruses, or other harmful code;
• use automated means (bots, scrapers, crawlers) to access the Service;
• use the Service to send unsolicited communications;
• sublicense, sell, resell, transfer, assign, or commercially exploit the Service without our prior written consent;
• use or attempt to use another user's account;
• use the Service to transmit, publish, or distribute content that is defamatory, obscene, or that incites hatred, violence, or discrimination.

We reserve the right to investigate and take appropriate action if we suspect a violation of this policy, including suspending or terminating your account, reporting to law enforcement, and pursuing legal remedies.

6. Subscriptions, Billing, and Cancellation

6.1 Free and premium features

The core App is free to download and use. Optional premium features ("Premium") are available via a paid subscription. The specific features included in the free tier and Premium tier may change over time; we will notify existing users of material changes affecting their access under Section 14.

6.2 In-app purchases through platform stores

All Premium subscriptions are processed exclusively through the Apple App Store (for iOS users) or Google Play Store (for Android users) ("Platform Stores"). By purchasing a Premium subscription, you also agree to the applicable terms of the Platform Store through which you make your purchase. We do not process payment card information directly.

6.3 Pricing

Subscription pricing is set by us and displayed in the Platform Store in your local currency at the time of purchase. Prices may vary by region and are subject to change with notice. Tax may be added where required by law.

6.4 Auto-renewal

Premium subscriptions automatically renew at the end of each billing period (monthly or annual, as selected) unless you cancel before the renewal date. You authorise the Platform Store to charge your nominated payment method for the renewal at the then-current rate.

California users (Cal. Bus. & Prof. Code §17600 et seq.): Your subscription will automatically renew and you will be charged unless you cancel at least 24 hours before the end of the current billing period. You may cancel at any time through your App Store or Google Play account settings. The charge will occur no earlier than 24 hours before the start of the next billing period.

6.5 How to cancel

You may cancel your Premium subscription at any time by managing your subscriptions in your Platform Store account settings:

• Apple App Store: Settings > [Your Name] > Subscriptions > The Peachy Life > Cancel Subscription.
• Google Play Store: Play Store > Profile icon > Payments & subscriptions > Subscriptions > The Peachy Life > Cancel subscription.

Cancellation takes effect at the end of the current billing period. You will retain access to Premium features until then.

6.6 Refunds

Refund requests are handled by the Platform Store through which you purchased your subscription and are subject to their policies. We do not process refunds directly.

UK consumers — statutory right to cancel digital content: Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have a right to cancel a digital content subscription within 14 days of purchase without giving any reason (the "cooling-off period"). However, by accessing or downloading the digital content before the 14-day period ends, you acknowledge and agree that you are expressly requesting immediate supply of the digital content and that you thereby lose your right to cancel under the cooling-off period. This does not affect any other statutory rights you may have.

Australian consumers: Nothing in this clause limits or excludes any guarantees, rights, or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ("ACL") that cannot be excluded by agreement. If the ACL applies to you and we supply a service that is not of acceptable quality, you may be entitled to a remedy under the ACL, regardless of the refund policy of the Platform Store.

6.7 Free trials

We may offer free trial periods for Premium from time to time. Free trial eligibility and duration will be stated at the time of the offer. At the end of the free trial, your subscription will automatically convert to a paid subscription and you will be charged unless you cancel before the trial period ends.

6.8 Failed payments

If your payment method is declined or fails, your Platform Store may retry the payment and may suspend your access to Premium features until payment is successfully processed.

7. Intellectual Property

7.1 Our property

The App, website, and all content, features, functionality, design, graphics, text, software, source code, and underlying technology are owned by The Peachy Life Company or our licensors and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

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

You must not copy, modify, distribute, sell, or sublicense any part of the App beyond the scope of this licence.

7.2 Your data

You own all content you create in the App — your journal entries, mood logs, notes, and any other personal data you input ("Your Content"). We do not claim any ownership over Your Content.

By using the Service, you grant us a limited, worldwide, royalty-free licence to store, process, and display Your Content solely as necessary to provide the Service to you. This licence does not permit us to sell Your Content or use it for advertising. See our Privacy Policy for full details of how we handle your data.

7.3 Feedback

If you choose to submit ideas, suggestions, or feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, modify, and incorporate the Feedback into the Service without any obligation to you. We will not identify you as the source of the Feedback without your consent.

7.4 DMCA / Copyright notices

If you believe content on the Service infringes your copyright, please send a written notice to hello@thepeachylifecompany.com including: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material; (c) your contact details; (d) a statement of good faith belief; and (e) a statement of accuracy under penalty of perjury.

8. User-Generated Content and Your Data

8.1 Privacy of your content

Your journal entries, mood data, and other personal content you create in the App are private to you. We do not share your personal content with other users or third parties, except as described in our Privacy Policy (for example, where required by law or to operate the Service).

8.2 Your Content standards

You are solely responsible for Your Content. You represent and warrant that Your Content does not violate any third-party rights (including intellectual property rights or privacy rights) and does not violate any applicable law.

8.3 Data export and deletion

You may export all of Your Content from the App at any time via the Settings menu. You may also permanently delete your account and all associated data via Settings. Deletion is irreversible. Following account deletion, we will remove your personal data in accordance with our Privacy Policy and applicable retention obligations.

8.4 Aggregated anonymised data

We may aggregate and anonymise data from across our user base (in a form that cannot reasonably identify you) to improve the Service, conduct research, and publish insights. Such aggregated data is not "Your Content" for the purposes of these Terms.

9. AI Feature Terms

9.1 Nature of the AI feature

The AI chat feature ("AI Feature") is a conversational tool designed to support your self-reflection and wellbeing. It is powered by OpenAI's API and draws on positive psychology and cognitive-behavioural frameworks.

9.2 Not professional advice

The AI Feature does not:

• provide medical advice, psychological diagnosis, or clinical assessment;
• constitute a therapeutic relationship between you and The Peachy Life Company or any licensed professional;
• replace consultation with a qualified doctor, psychologist, psychiatrist, counsellor, or other healthcare professional.

You should always consult a qualified healthcare professional for any health concerns, before starting or stopping any treatment, and in any emergency situation. Do not delay seeking professional advice because of something the AI Feature has said.

9.3 AI limitations and errors

AI systems can make mistakes. The AI Feature may produce inaccurate, incomplete, or inappropriate responses. You should apply your own judgement when interpreting any output from the AI Feature. We do not warrant the accuracy, completeness, or suitability of any AI-generated content for any particular purpose.

9.4 Crisis situations

If you express thoughts of self-harm or suicide to the AI Feature, it will direct you to crisis resources. It is programmed not to provide clinical responses to crisis disclosures. Please immediately contact the crisis services listed in Section 11 if you are in danger.

9.5 Data and AI processing

To operate the AI Feature, your messages and relevant context from your account may be sent to OpenAI for processing. OpenAI's use of this data is governed by their API usage policies. We do not permit OpenAI to use your data to train their models under our current API agreement. See our Privacy Policy for full details.

9.6 Third-party AI provider

The AI Feature is dependent on a third-party provider (OpenAI). We cannot guarantee the AI Feature will always be available. We reserve the right to change the underlying AI provider at any time.

10. Third-Party Integrations

10.1 Biometric integrations

The App offers optional integration with the following third-party health and fitness platforms:

• Apple Health (iOS) — governed by Apple's terms and privacy policy;
• Google Health Connect (Android) — governed by Google's terms and privacy policy;
• Garmin Connect — governed by Garmin's terms and privacy policy.

These integrations are optional. You choose which data types to share with the App and may revoke access at any time through your device settings or the relevant platform's account settings. We are not responsible for the practices of these third-party platforms.

10.2 Platform Stores

Your download and use of the App is also subject to the terms of the Apple App Store or Google Play Store, as applicable. In the event of any conflict between those platform terms and these Terms, these Terms govern your relationship with The Peachy Life Company, and the platform terms govern your relationship with the Platform Store.

10.3 Links to third-party content

The App and website may contain links to third-party websites or resources. We are not responsible for the content, accuracy, or practices of third-party sites and do not endorse them. Accessing third-party links is at your own risk.

10.4 No endorsement

Reference to any third-party product, service, or organisation in the App does not constitute our endorsement or recommendation of that product, service, or organisation.

11. Health and Crisis Disclaimer

This section repeats key points from the notice at the top of these Terms because they are important enough to state twice.

11.1 Not a medical device or clinical service

The Peachy Life is a self-care and wellbeing tool. It is not a medical device, does not constitute a clinical service, and does not provide medical or psychological diagnoses or treatment. No clinical or therapeutic relationship is formed by your use of the App.

11.2 Not a crisis service

The App is not a crisis service and must not be used as a substitute for emergency mental health support. If you are experiencing a mental health emergency or are at risk of harming yourself or others, stop using this App and contact emergency services or a crisis line immediately:

• Australia: Lifeline 13 11 14  |  Beyond Blue 1300 22 4636  |  Kids Helpline 1800 55 1800  |  Emergency 000
• UK: Samaritans 116 123  |  Crisis text line: text SHOUT to 85258  |  Emergency 999
• USA: 988 Suicide & Crisis Lifeline (call or text 988)  |  Crisis Text Line: text HOME to 741741  |  Emergency 911
• International: findahelpline.com

11.3 No substitute for professional care

If you have concerns about your mental or physical health, you should seek advice from a qualified healthcare professional. Nothing in the App should be interpreted as medical, psychological, nutritional, or other professional health advice. Do not disregard or delay seeking professional advice because of anything you read or experience in the App.

12. Disclaimers and Limitation of Liability

12.1 "As is" provision

To the maximum extent permitted by applicable law (and subject to the jurisdiction notes above), the Service is provided "as is" and "as available", without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement.

We do not warrant that:

• the Service will meet your specific requirements;
• the Service will be uninterrupted, timely, secure, or error-free;
• results obtained from using the Service will be accurate or reliable;
• any errors in the Service will be corrected.

12.2 No health outcomes warranty

We do not warrant that use of the App will improve your mental health, physical health, or overall wellbeing. Individual results will vary. The App is a tool to support your own self-care efforts, not a guarantee of any outcome.

12.3 Limitation of liability

To the maximum extent permitted by applicable law (and subject to the jurisdiction notes above and clause 12.4 below), in no event will The Peachy Life Company, its officers, directors, employees, agents, licensors, or service providers be liable for any:

• indirect, incidental, special, consequential, or punitive damages;
• loss of profits, revenue, data, goodwill, or business opportunities;
• loss arising from your reliance on information provided in the App (including AI-generated content);
• damages arising from your failure to seek professional medical or psychological advice.

These exclusions apply regardless of whether such damages were foreseeable and regardless of the theory of liability (contract, tort, statute, or otherwise), even if we were advised of the possibility of such damages.

12.4 Cap on liability

To the maximum extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or relating to the Service or these Terms will not exceed the greater of: (a) the amount you paid us (excluding platform payments to App Stores) in the twelve months immediately preceding the event giving rise to the claim; or (b) AUD $100.

This cap does not apply to liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation, or to any liability that cannot be limited under applicable law (including under the ACL or CRA 2015).

12.5 Jurisdictional savings

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. If you are located in such a jurisdiction, some of the above limitations may not apply to you. In those cases, our liability will be limited to the greatest extent permitted by applicable law.

13. Indemnification

You agree to defend, indemnify, and hold harmless The Peachy Life Company and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• your use of the Service in violation of these Terms;
• Your Content, including any claim that Your Content infringes a third party's intellectual property or privacy rights;
• your violation of any applicable law or the rights of a third party;
• any misrepresentation made by you in connection with the Service.

We reserve the right to assume exclusive control of the defence of any matter subject to indemnification by you, in which case you agree to cooperate with us. This indemnification obligation survives termination of these Terms.

Note for consumers: This indemnification clause applies to the extent permitted by applicable consumer protection law. Nothing in this clause is intended to limit your rights under the ACL (Australia) or the CRA 2015 (UK).

14. Changes to These Terms

We may update these Terms from time to time. We distinguish between material and non-material changes:

• Material changes (for example, changes to pricing, significant new restrictions on use, or changes to our liability position) will be communicated with at least 30 days' notice before they take effect. We will notify you via a notice in the App, an email to the address associated with your account, or both. If you do not accept the material changes, you may close your account before they take effect without penalty.
• Non-material changes (for example, clarifications of existing provisions, corrections of typographical errors, or changes required by law) may take effect immediately or with shorter notice.

Your continued use of the Service after the effective date of any change constitutes your acceptance of the updated Terms. The "Last updated" date at the top of this page will always reflect when the Terms were most recently revised.

We will maintain an archive of previous versions of these Terms, available on request by emailing hello@thepeachylifecompany.com.

15. Termination

15.1 Termination by you

You may close your account and stop using the Service at any time. To delete your account, go to Settings > Account > Delete Account within the App, or contact us at hello@thepeachylifecompany.com. Closing your account does not automatically cancel any active App Store or Google Play subscription; you must cancel that separately through the Platform Store (see Section 6.5).

15.2 Termination or suspension by us

We may suspend or terminate your account and access to the Service, with or without notice, if:

• you materially breach these Terms and, where the breach is capable of remedy, fail to remedy it within 14 days of written notice from us;
• we are required to do so by law or a court order;
• we discontinue the Service (in which case we will give reasonable notice and you will be entitled to a pro-rata refund of any prepaid Premium subscription fees for the unused period — to be processed through the Platform Store where applicable);
• continued provision of the Service to you poses a legal or safety risk.

15.3 Effect of termination

On termination of your account:

• your licence to use the App ends immediately;
• we will delete or anonymise your personal data in accordance with our Privacy Policy and applicable law;
• any provisions of these Terms that by their nature should survive termination (including Sections 7, 12, 13, 16, and 17) will continue to apply.

15.4 Data export before termination

We encourage you to export your data before closing your account. Once your account is deleted, we cannot recover your data. Export is available at any time via Settings > Export Data.

16. Governing Law and Dispute Resolution

16.1 Primary governing law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

16.2 Australian users

For users in Australia, you agree that the courts of New South Wales, Australia have non-exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms or the Service. Nothing in this clause affects any right you have to bring a claim before a relevant Australian consumer tribunal or ombudsman.

16.3 UK users

For users in the United Kingdom: notwithstanding clause 16.1, you may bring proceedings in the courts of England and Wales, Scotland, or Northern Ireland (as applicable to your place of residence) in accordance with your rights under applicable UK consumer protection legislation, including the Consumer Rights Act 2015. Nothing in these Terms affects those rights.

16.4 US users — informal resolution and arbitration

Informal resolution first: Before initiating any formal legal proceeding, US users agree to attempt to resolve any dispute informally by contacting us at hello@thepeachylifecompany.com and giving us 30 days to respond.

Binding arbitration (US users): If a dispute cannot be resolved informally, US users agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (other than claims that qualify for small claims court) will be resolved by binding individual arbitration under the rules of the American Arbitration Association ("AAA") in effect at the time of the dispute. The arbitration will be conducted in English. The Federal Arbitration Act governs the interpretation and enforcement of this clause.

Class action waiver (US users): You and The Peachy Life Company agree that any arbitration or court proceeding (where permitted) will be conducted on an individual basis only, and not as a class action, collective action, or representative action. You expressly waive your right to participate in a class action. This waiver does not apply to users in Australia or the UK, where it may be unenforceable.

Exceptions: Nothing in this arbitration clause prevents either party from seeking interim or injunctive relief from a court to prevent irreparable harm, or from bringing individual claims in small claims court.

California users: If you are a resident of California, you may also contact the California Department of Consumer Affairs, Division of Consumer Services, at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or at 1-800-952-5210.

16.5 Time limit for claims

To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be brought within one year after the cause of action accrues. This clause does not apply where a shorter or longer period is required by applicable law (including ACL or CRA 2015 limitation rules).

17. General Provisions

17.1 Entire agreement

These Terms and our Privacy Policy constitute the entire agreement between you and The Peachy Life Company regarding the Service and supersede all prior agreements, representations, and understandings relating to the same subject matter.

17.2 Severability

If any provision of these Terms is found by a competent court or authority to be invalid, unlawful, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed. The remaining provisions will continue in full force and effect.

17.3 No waiver

Our failure to enforce any right or provision of these Terms will not be construed as a waiver of that right or provision. A waiver is only effective if made in writing and signed by an authorised representative of The Peachy Life Company.

17.4 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a successor in connection with a merger, acquisition, sale of assets, or by operation of law, provided that the successor agrees to be bound by these Terms.

17.5 Force majeure

We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, pandemics, acts of government, network failures, or third-party service outages.

17.6 Language

These Terms are written in English. Where translations are provided as a courtesy, the English version governs in the event of any inconsistency.

17.7 Notices

Notices from us to you will be sent to the email address associated with your account or posted within the App. Notices from you to us must be sent to hello@thepeachylifecompany.com or in writing to our registered business address (available on request).

18. Contact Us

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us:

• Email: hello@thepeachylifecompany.com
• Website: thepeachylifecompany.com
• Company: The Peachy Life Company, Sydney, New South Wales, Australia

We aim to respond to all enquiries within 5 business days.

If you are an EU or UK resident and you have an unresolved complaint, you may also be able to use online dispute resolution services or contact your local consumer protection authority.