Mobile App Terms of Use

MOBILE APP TERMS OF USE

Awaykon Pty Ltd | ACN 694 194 628

Effective 01 July 2026 | Version 1.0

These Mobile App Terms of Use (Terms) govern your download, installation, access to, and use of the Awaykon mobile application (App), which is operated by Awaykon Pty Ltd ACN 694 194 628 (we, us, or our).

By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you must not download, install, access, or use the App.

These Terms should be read together with our Website Terms of Use, Privacy Policy, Acceptable Use Policy, and Cookie Policy, and any other policies or terms we make available through the App. If there is any inconsistency between these Terms and another document we make available in relation to the App, these Terms prevail to the extent of the inconsistency, unless the other document expressly states otherwise.

In these Terms, you and your refers to you as a user of the App.

OPERATIVE PROVISIONS

1. Definitions and Interpretation

Definitions

In these Terms, the following definitions apply:

Interpretation

In these Terms, unless the context otherwise requires:

1. headings are for convenience only and do not affect interpretation;
2. the singular includes the plural and vice versa;
3. a reference to a person includes a corporation, partnership, joint venture, association, government body, or other entity;
4. a reference to a statute, regulation, or other law includes all amendments, consolidations, and replacements;
5. a reference to writing includes email; and
6. where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.

2. Acceptance of These Terms

1. By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. If you are accessing or using the App on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, you and your refers to that entity.
3. You must be at least 18 years of age to create an Account and use the App. The App provides AI-generated spiritual guidance and celebrity AI persona interactions, which are intended for adult users only. By creating an Account, you confirm that you are 18 years of age or older, or the age of legal majority in your jurisdiction if that is higher.
4. We may require you to agree to additional terms and conditions that apply to specific features, Services, or promotions available through the App. Any such additional terms supplement and are to be read together with these Terms.

3. The App and the Services

1. The App provides access to the following features and services (Services):
   1. AI Persona Interactions: access to AI-generated interactive personas based on or inspired by celebrities, talent, and public figures who have licensed their likeness or associated persona to us, enabling AI-powered conversations, affirmations, and spiritual guidance;
   2. Spiritual Guidance Content: personalised AI-generated spiritual awareness content, affirmations, guided reflections, and motivational interactions delivered through the App;
   3. Subscription Features: access to premium tiers of the App, including expanded AI Persona access and enhanced personalisation features, subject to payment of applicable Fees; and
   4. General App Features: account management, notification preferences, content history, and other features made available through the App from time to time.
2. We may, at our sole discretion:
   1. introduce new features or Services or modify existing features or Services;
   2. discontinue or suspend any feature or Service (in whole or in part); or
   3. impose limits on the use of, or access to, any feature or Service,

at any time and without liability to you. Where a change is material, we will use reasonable endeavours to provide you with advance notice.

1. We do not guarantee that the App or the Services will be available at all times or that access will be uninterrupted, timely, secure, or error-free.
2. The AI Personas and AI Guidance Content made available through the App are powered by artificial intelligence technology. AI-generated outputs may vary between sessions and should not be regarded as the personal views, advice, or endorsements of any actual person, including any celebrity or talent whose likeness or persona inspired the AI Persona. Please refer to clause 11.4 to 11.6 for important disclaimers regarding the nature of AI Guidance Content.

4. Accounts

1. To access certain features of the App, you must create an Account. When creating an Account, you must:
   1. provide accurate, current, and complete information;
   2. keep your Account information up to date; and
   3. not create an Account using false information, a false identity, or using the identity of another person without their authority.
2. You are responsible for maintaining the confidentiality of your Account credentials (including your username and password) and for restricting access to the device on which you have installed the App. You must notify us immediately of any unauthorised access to, or use of, your Account.
3. You are responsible for all activity that occurs under your Account, whether or not the activity is authorised by you, except to the extent that the activity is the result of our negligence, wilful misconduct, or breach of these Terms.
4. We may suspend, restrict, or terminate your Account at any time if we reasonably believe you have breached these Terms, engaged in unlawful or harmful conduct, or where continued access poses a risk to us, other users, or the integrity of the App.

5. Licence to Use the App

1. Subject to your compliance with these Terms and payment of all applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the App on a mobile device that you own or control, solely for your personal, non-commercial purposes.
2. You must not, without our prior written consent:
   1. copy, reproduce, distribute, republish, or transmit the App or any part of it, except as permitted by these Terms;
   2. modify, adapt, translate, reverse engineer, decompile, or disassemble the App or any part of it;
   3. create derivative works based on the App or any Content;
   4. remove or alter any copyright, trade mark, or other proprietary notice contained in the App;
   5. use any data mining, robots, scraping, or similar data gathering or extraction methods on the App;
   6. use the App, the AI Guidance Content, or the AI Personas to develop, train, or fine-tune any competing product or service, or any machine learning or AI model, without our prior written consent; or
   7. sublicense, rent, lease, lend, sell, or otherwise transfer the App or your rights under these Terms to any third party.
3. All rights not expressly granted to you in these Terms are reserved by us or our licensors.

6. Subscriptions and Fees

1. Access to premium features and Services requires a paid Subscription. The Subscription plans, Fees, and billing frequency available to you will be presented at the point of subscription and, where applicable, in your Account settings.
2. By purchasing a Subscription, you authorise us (or the relevant App Store or payment provider) to charge the applicable Fees to your nominated payment method on a recurring basis until the Subscription is cancelled in accordance with these Terms or by the relevant App Store's billing mechanism.
3. All Fees are payable in Australian dollars (unless otherwise specified) and are inclusive of GST where applicable. You are responsible for any taxes, duties, or other government charges that apply to your Subscription, other than taxes on our income.
4. Unless otherwise required by law, all Fees are non-refundable once paid. Partial billing cycles will not be refunded or pro-rated if you cancel your Subscription before the end of the current billing period, except to the extent that a refund is required under the Australian Consumer Law or the relevant App Store's refund policy.
5. We may change the Fees or introduce new Fees from time to time. We will notify you at least 30 days before any change takes effect. If you do not agree to the change, you may cancel your Subscription before the change takes effect.
6. If your payment method fails or we are otherwise unable to collect Fees owed, we may suspend or terminate your access to the Services until payment is received. You remain liable for any unpaid Fees.

7. Cancellation of Subscriptions

1. You may cancel your Subscription at any time through your Account settings or through the billing mechanism of the relevant App Store. Cancellation will take effect at the end of your current billing period, and you will continue to have access to the Services until that time.
2. We may cancel or suspend your Subscription (without refund) if you breach these Terms, fail to pay Fees, or engage in conduct that, in our reasonable opinion, warrants cancellation or suspension.
3. Cancellation of your Subscription does not automatically terminate your Account. You may continue to access any free features of the App (if available) after cancellation, subject to these Terms.

8. User Content and Conduct

1. You retain ownership of any Intellectual Property rights that you hold in your User Content. By submitting User Content to the App (including inputs you provide to the AI Persona feature), you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to use, host, store, reproduce, modify, adapt, publish, communicate, display, and distribute your User Content, solely for the purposes of operating, improving, and personalising the App and the Services. We will handle your User Content in accordance with our Privacy Policy.
2. You represent and warrant that:
   1. you have all necessary rights, licences, and permissions to submit your User Content to the App and to grant the licence in clause 8.1;
   2. your User Content does not infringe, misappropriate, or violate the Intellectual Property rights, privacy rights, or other rights of any third party; and
   3. your User Content complies with these Terms, our Acceptable Use Policy, and all applicable laws.
3. When using the App, you must not:
   1. use the App for any unlawful, fraudulent, or harmful purpose;
   2. submit any User Content that is defamatory, obscene, threatening, harassing, discriminatory, or otherwise objectionable;
   3. impersonate any person or entity, or misrepresent your affiliation with any person or entity, including any celebrity or talent associated with an AI Persona;
   4. introduce any virus, trojan horse, worm, logic bomb, or other malicious or technologically harmful material;
   5. attempt to gain unauthorised access to the App, any Account, or any servers or systems connected to the App; or
   6. interfere with or disrupt the integrity or performance of the App or any Services.
4. We reserve the right (but are not obliged) to review, monitor, or remove any User Content that we reasonably consider to be in breach of these Terms or otherwise inappropriate. We may take any action we consider appropriate in relation to breaches, including suspending or terminating your Account and reporting suspected unlawful activity to relevant authorities.

9. Intellectual Property

1. All Intellectual Property in and to the App, the Services, and all Content (including text, graphics, logos, images, AI Guidance Content, software, and the design, selection, and arrangement of those materials) is owned by or licensed to us. Nothing in these Terms transfers any Intellectual Property to you.
2. The AI Personas made available through the App are based on personality rights, likeness rights, and associated personas licensed to us by the relevant celebrity or talent. You must not use the name, likeness, voice, image, or other identifying characteristics of any AI Persona outside of the App without our prior written consent and the written consent of the relevant celebrity or talent (or their authorised representative).
3. Except as expressly permitted by these Terms, you must not use any of our Intellectual Property (including our trade marks, logos, or branding) without our prior written consent.
4. If you provide us with any feedback, suggestions, or ideas about the App or the Services, you assign to us all Intellectual Property rights in that feedback and we may use it for any purpose without compensation or attribution to you.
5. As between you and us, all Intellectual Property rights in AI Outputs generated through the App vest in us, subject to the underlying rights of the relevant celebrity or talent in their licensed intellectual property. You do not acquire any ownership interest in AI Outputs by reason of interacting with an AI Persona. You acknowledge that the ownership of intellectual property rights in AI-generated content is an evolving area of Australian law, and that nothing in these Terms limits or overrides any personality rights, right of publicity, or moral rights held by any celebrity or talent whose licensed attributes are used in an AI Persona.

10. Third Party Services and App Stores

1. The App may integrate with, or allow access to, Third Party Services. We do not own or control Third Party Services and are not responsible for their availability, content, accuracy, privacy practices, or conduct. Your use of Third Party Services is subject to the terms and privacy policies of the relevant third party.
2. You acknowledge and agree that:
   1. these Terms are between you and us, and not with any App Store;
   2. the applicable App Store is not responsible for the App or its content, and has no obligation to provide maintenance or support for the App;
   3. you must comply with any usage rules set by the applicable App Store (including the Apple App Store Terms of Service or Google Play Terms of Service) in addition to these Terms; and
   4. the applicable App Store is a third party beneficiary of these Terms and is entitled to enforce these Terms against you.
3. If there is any inconsistency between these Terms and the usage rules of the applicable App Store, the usage rules prevail to the extent of the inconsistency.

11. Disclaimers and Limitation of Liability

1. The App, the Services, and all Content are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all representations, warranties, and conditions of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
2. Without limiting clause 11.1, we do not warrant or represent that:
   1. the App will be compatible with your device, operating system, or other software;
   2. the App will be available without interruption or that any defects will be corrected;
   3. the App, the servers that make it available, or any files transmitted through the App are free from viruses or other harmful components; or
   4. any results obtained from the use of the App or the Services will be accurate, reliable, or meet your requirements.
3. To the maximum extent permitted by law, we exclude all liability (whether arising in contract, tort (including negligence), under statute, or otherwise) for any Loss arising out of or in connection with your download, installation, access to, or use of the App or the Services, including any Loss arising from:
   1. any errors, omissions, or inaccuracies in any Content, including AI Guidance Content;
   2. any interruption, suspension, or discontinuation of the App or any Service;
   3. any viruses or other harmful components transmitted through the App;
   4. any unauthorised access to, or use of, our servers or any personal information stored on them;
   5. any act or omission of another user, or any User Content; or
   6. any Third Party Services accessed through the App.
4. AI Guidance Content Disclaimer: The AI Guidance Content and AI Personas made available through the App are provided for entertainment, personal exploration, and motivational purposes only. AI Guidance Content does not constitute professional advice of any kind, including spiritual, psychological, mental health, medical, legal, or financial advice. You should not make significant life decisions, seek to replace professional support, or disregard professional advice based on AI Guidance Content.
5. AI Persona Disclaimer: AI Personas are AI-generated representations and are not the actual celebrities or talent persons they are based upon. Interactions with an AI Persona do not constitute a personal relationship, communication, or endorsement by the actual person. We make no warranty as to the accuracy, authenticity, or completeness of any AI Persona response.
6. Mental Health and Wellbeing: If you are experiencing mental health difficulties, emotional distress, or a personal crisis, please seek support from a qualified mental health professional or contact a crisis support service. The App is not a substitute for professional mental health care. If you are in immediate danger or require emergency assistance, please contact 000 (Australia) or your local emergency services immediately.
7. Mandatory AI Persona Disclaimer Mechanism: To ensure you are fully informed when interacting with AI personas, we display a mandatory disclosure to you in the following manner: (a) a standalone AI persona disclosure acknowledgement is presented at account creation or first access, which you must actively accept before you can engage with any AI persona for the first time; (b) a disclosure is presented at the commencement of each new chat or interaction session; and (c) a persistent disclosure mechanism (such as an information icon or header notice) remains accessible to you throughout each session without requiring you to navigate away from the conversation window. By creating an Account and using the App, you confirm that you understand and accept these disclosure requirements and that you are interacting with an artificial intelligence construct, not with any actual celebrity or talent person.
8. Adversarial Prompting and Jailbreaking: Where you deliberately attempt to manipulate, jailbreak, or use adversarial prompting techniques to cause an AI Persona to generate content that would not be produced under the App’s normal operation (including through prompt injection, role-play sequences designed to bypass content controls, or multi-step prompt manipulation), any AI Output generated as a direct result of that conduct is produced entirely at your own risk. We exclude all liability for any such output. You acknowledge that such conduct may constitute a breach of our Acceptable Use Policy and may expose you to liability for any harm caused to us, to the relevant celebrity or talent whose likeness is used in the AI Persona, or to any third party.
9. No Ownership of AI Outputs: All AI Outputs generated by the App vest in us as between you and us, subject to the underlying rights of the relevant celebrity or talent in their licensed intellectual property. You acknowledge that the ownership of intellectual property rights in AI-generated content is an evolving area of Australian law. Nothing in these Terms is intended to override any personality rights, right of publicity, or moral rights that may be held by the celebrity or talent on whom an AI Persona is based. You do not acquire any ownership interest in AI Outputs by interacting with an AI Persona.
10. To the extent that our liability cannot be excluded by law, our total aggregate liability to you for all claims arising out of or in connection with the App, the Services, or these Terms is limited, at our option, to:
    1. the resupply of the relevant Services; or
    2. the greater of: (i) the Fees paid by you to us in the three months immediately preceding the event giving rise to the claim; or (ii) $100.
11. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

12. Modifications to These Terms

1. We reserve the right to amend, modify, or replace these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the updated Terms within the App or on a related website.
2. Where the changes are material, we will use reasonable endeavours to notify you in advance, including by in-app notification, email, or another appropriate means. Your continued use of the App after any changes take effect constitutes your acceptance of the revised Terms.
3. If you do not agree with any changes to these Terms, you must cease using the App and may cancel your Subscription in accordance with clause 7.

13. Force Majeure

1. We are not liable for any failure or delay in making the App available or performing any obligation in connection with these Terms to the extent that the failure or delay is caused directly by a Force Majeure Event, provided that:
   1. we use reasonable endeavours to minimise the impact of the Force Majeure Event and to resume normal service as soon as practicable; and
   2. the failure or delay is not attributable to our negligence, wilful misconduct, or failure to take reasonable precautions.
2. If a Force Majeure Event prevents us from making the App available for a continuous period of more than 60 days, we may discontinue the App (in whole or in part) without liability to you.
3. For the purposes of these Terms, Force Majeure Event means any event or circumstance beyond our reasonable control, including:
   1. acts of God, flood, earthquake, storm, cyclone, or other natural disaster;
   2. epidemic, pandemic, or public health emergency declared by a government authority;
   3. war, invasion, acts of terrorism, riot, or civil unrest;
   4. government action, law, regulation, order, or embargo;
   5. failure of third party infrastructure, including telecommunications, power networks, or cloud computing services; and
   6. cyberattack, distributed denial of service attack, or other malicious interference with digital infrastructure.
4. For the avoidance of doubt, a Force Majeure Event does not include financial difficulty or inability to pay.

14. Termination

1. These Terms remain in force until terminated in accordance with this clause 14.
2. You may terminate these Terms at any time by:
   1. cancelling your Subscription in accordance with clause 7;
   2. closing your Account; and
   3. uninstalling the App from all of your devices.
3. We may terminate these Terms and your access to the App and the Services immediately by notice to you if:
   1. you breach these Terms in a material respect and do not remedy the breach (if capable of remedy) within 14 days of receiving notice from us;
   2. we reasonably believe that your continued use of the App poses a risk to us, other users, or the integrity of the App; or
   3. we cease to operate the App.
4. On termination of these Terms:
   1. your right to access and use the App immediately ends;
   2. you must uninstall the App from all of your devices;
   3. any Fees paid for periods after the effective date of termination will be refunded on a pro-rata basis, except where we have terminated due to your breach; and
   4. any provisions of these Terms that by their nature should survive termination (including clauses on Intellectual Property, liability, indemnity, and governing law) will continue in force.

15. General

1. Governing Law: these Terms are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.
2. Severability: if any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.
3. Waiver: a failure or delay by us in exercising any right, power, or remedy under these Terms does not operate as a waiver of that right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that right or any other right, power, or remedy.
4. Entire Agreement: these Terms, together with our Website Terms of Use, Privacy Policy, Acceptable Use Policy, and Cookie Policy, constitute the entire agreement between you and us in relation to your use of the App and the Services and supersede all prior agreements, representations, and understandings.
5. Assignment: you may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to any third party without your consent.
6. International Users (GDPR): if you are accessing the App from the European Economic Area (EEA), the United Kingdom, or Switzerland, your personal data is processed in accordance with our Privacy Policy, which contains information about your rights under the General Data Protection Regulation (EU) 2016/679 (GDPR) and applicable UK data protection law, including your rights of access, rectification, erasure, restriction of processing, data portability, and to object to processing. Your use of the App involves the transfer of your personal data to Australia, which is not recognised as providing an adequate level of data protection under the GDPR. We rely on appropriate safeguards (including Standard Contractual Clauses) for such transfers, as described in our Privacy Policy.
7. Contact: Awaykon Pty Ltd can be contacted at ⁠support@awaykon.com or by writing to Level 10, 369 Royal Parade, Parkville, VIC 3052.