Terms of Use

Wattlebird (the "Service") is operated by Pholarix ("Pholarix", "we", "us", "our"), a business based in Australia. Contact: hello@pholarix.com.au.

These Terms of Use, together with our Privacy Policy, Acceptable Use Policy and Cookies Policy (together, the "Terms"), form a binding agreement between you and Pholarix. By ticking the acceptance box when you create an account, or by using the Service, you agree to the Terms. If you do not agree, do not use the Service.

We record the version of the Terms you accepted and when. We may update the Terms; material changes will be notified in the app or by email before they take effect, and continued use after that date means you accept the updated Terms.

You must be at least 18 years old and either a parent, legal guardian or carer of a child, or a person invited by such a family to support their child. Accounts are held by adults only. Children do not hold accounts.

You are responsible for keeping your login credentials secure and for all activity under your account. Tell us immediately if you believe your account has been accessed without permission.

If you use the Service on behalf of an organisation (for example a school or clinic), you confirm you have authority to bind that organisation to these Terms.

Wattlebird provides general educational information and coaching suggestions drawn from a reviewed knowledge base grounded in Practical Functional Assessment and Skills-Based Treatment and related behaviour science. It is a tool to help you think about your child, not a substitute for the professionals who know your child.

The Service does not provide, and must not be treated as providing, medical, psychological, psychiatric, therapeutic, educational, legal or other professional advice. It does not assess, diagnose, treat, cure or prevent any condition. No clinician-patient, therapist-client or other professional relationship is created between you and Pholarix by your use of the Service.

All content is general in nature and may not be suitable for your child, your family or your circumstances. Behaviour has many possible causes, and a suggestion that helps one child may be unhelpful or inappropriate for another. You must use your own judgement and consult a qualified professional (such as a psychologist, occupational therapist, speech pathologist, paediatrician or general practitioner) before acting on anything in the Service, and in relation to any concern about your child's health, development, safety or wellbeing.

The Service is not monitored in real time and cannot respond to emergencies. If you, your child or anyone else is in danger or at risk of harm, contact your local emergency number or a crisis service immediately. The Help tab lists numbers for a number of regions; if yours is not listed, use your local emergency number.

The Service includes an automated safety screen that may redirect certain messages to crisis resources instead of answering them. That screen is a safeguard, not a guarantee, and does not replace professional help.

Some responses in the Service are generated by artificial intelligence, guided by our knowledge base. AI can be wrong, incomplete, out of date, or miss context that matters for your child. AI output is provided for general information only, is not reviewed by a professional before you see it, and must never be relied on as medical, clinical or professional advice.

You are responsible for evaluating any AI output and for any decision you make in reliance on it. We do not warrant the accuracy, completeness or suitability of any AI-generated content.

New subscriptions begin with a 7-day free trial. Unless you cancel before the trial ends, your subscription continues on the plan you chose and renews automatically each month or year until you cancel.

On our website, the plans are A$6.99 per month or A$55 per year (Australian dollars, inclusive of any applicable GST unless stated otherwise at checkout), charged to your payment method by our payment processor, Stripe, under its own terms.

In the Wattlebird app on Android or iPhone, you subscribe through Google Play or Apple's App Store, using the account and payment method set up there and under that store's terms. The store shows the price in your local currency, may add local taxes, takes the payment, and decides whether you are eligible for the free trial. We use RevenueCat, a subscription management service, to confirm with the store that your subscription is active.

One subscription covers one family: the co-parents, carers and team members you invite do not pay separately, and a family never needs more than one subscription. If your family already subscribes on the website or in a store, Wattlebird will not offer you another. If two are ever started at the same time, we will tell you which one to cancel and help you do it.

Prices may change. For website subscriptions we will give you at least 30 days' notice, and a new price applies only from your next billing period after that notice. For store subscriptions, the store notifies you of a price change, and asks for your agreement where its rules require it.

We never see or store your full card details. Website payments are handled by Stripe, and store payments by Google or Apple.

You can cancel at any time. Cancelling stops all future charges and you keep access until the end of the period you have already paid for, or the end of your free trial.

A subscription bought on our website: cancel from Profile, under Subscription, or by contacting us. You can resume before the end date.

A subscription bought through Google Play or the App Store: cancel in that store's subscription settings. Profile, under Subscription, shows you how. We cannot cancel a store subscription for you, and deleting your Wattlebird account or removing the app does not cancel it.

Except where the law requires otherwise, we do not refund part-used billing periods. Refunds for store purchases are decided by Google or Apple under their refund policies; ask the store, or contact us and we will help. If something has gone wrong with the Service, contact us and we will work to put it right.

If you are a consumer under the Australian Consumer Law, our services come with guarantees that cannot be excluded, including that they will be provided with due care and skill and be fit for any purpose you told us about. Nothing in these Terms excludes, restricts or modifies those guarantees, or any similar non-excludable rights you have under the laws of your country. Where the law permits us to limit our liability for breach of such a guarantee, our liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

You own the information you enter into the Service. You grant Pholarix a limited licence to store, process and display that information only for the purpose of providing the Service to you and your family, as described in the Privacy Policy.

You are responsible for the information you enter, including information about your child and about other people. Only enter information you are entitled to share. When you invite someone into your family space or Team diary, you are choosing to share that information with them, and you are responsible for that choice. You can remove people from your family space at any time from Profile.

We do not use your family's information to train AI models, and we do not permit our AI provider to do so.

You agree to use the Service lawfully and in accordance with our Acceptable Use Policy, which forms part of these Terms. We may suspend or terminate accounts that breach it, and we may remove content that does.

The Service, including its text, knowledge base, design, software, trade marks and branding, is owned by Pholarix or its licensors and is protected by copyright and other intellectual property laws. You may use the Service for your own personal, non-commercial family use only. You may not copy, reproduce, scrape, sell, sublicense or create derivative works from the Service or its content without our written permission.

Professional frameworks referred to in the Service remain the work of their respective authors and are referred to for educational purposes.

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement.

Without limiting the above, we do not warrant that the Service will be uninterrupted, timely, secure or error-free, that any content (including AI-generated content) is accurate, complete or suitable for your child, or that using the Service will produce any particular outcome for you or your child.

Section 7 (consumer guarantees) applies notwithstanding this section.

To the fullest extent permitted by law, Pholarix and its officers, employees, contractors and suppliers are not liable to you or anyone else for any indirect, incidental, special, consequential or exemplary loss or damage, or for any loss of data, profit, revenue, goodwill or opportunity, however caused, including through negligence, arising out of or in connection with the Service or these Terms.

To the fullest extent permitted by law, Pholarix is not liable for any loss or damage arising from any decision made or action taken (or not taken) by you or anyone else in reliance on information, suggestions or AI-generated content in the Service, including decisions about the care, education, health, treatment or wellbeing of any child.

To the fullest extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with the Service or these Terms, whether in contract, tort (including negligence), statute or otherwise, is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim and (b) A$100.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including under the Australian Consumer Law, or liability for death or personal injury caused by our negligence where the law does not permit that liability to be excluded, or for fraud.

To the extent permitted by law, you agree to indemnify and hold harmless Pholarix and its officers, employees and contractors from and against any claim, loss, liability, damage, cost or expense (including reasonable legal costs) arising out of or in connection with your breach of these Terms, your misuse of the Service, information you enter into the Service without the right to do so, or your breach of any law or the rights of any person. This indemnity does not apply to the extent a loss is caused by our own negligence or breach.

The Service is operated from Australia. If you use it from elsewhere, you are responsible for complying with the laws that apply to you, and you acknowledge that your information will be transferred to and processed in Australia and in the other locations described in our Privacy Policy. The Service is not directed at any jurisdiction where its use would be unlawful.

If you are a consumer in the United Kingdom, the European Union or another jurisdiction with non-excludable consumer rights, nothing in these Terms affects those rights.

You may close your account at any time from Profile, which permanently deletes your family's data as described in the Privacy Policy and cancels any subscription. We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the Service, in which case we will give reasonable notice where we can and refund any prepaid period that we do not provide.

Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnity and governing law) continue to apply after your account is closed.

If any part of these Terms is found to be invalid or unenforceable, that part is severed and the rest continues in force. Our failure to enforce a right is not a waiver of it. You may not assign these Terms without our consent; we may assign them as part of a sale or restructure of our business. These Terms, together with the policies they refer to, are the entire agreement between you and Pholarix about the Service.

These Terms are governed by the laws of the State of New South Wales, Australia, and the laws of Australia applicable there, without regard to conflict-of-law rules, except where the consumer law of your country of residence requires otherwise. You and Pholarix submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.

If you have a concern, please contact us first at hello@pholarix.com.au and we will try to resolve it with you promptly and in good faith.