Terms of Use

1. About the Service

Butterfly Letters is a memory-preservation app. It allows you to write letters and upload photos and videos for your children, organise them by child profile, and store them in a secure digital vault. You may nominate a trusted “recovery contact” who will receive your stored content in the circumstances described in these Terms and in our Privacy Policy.

The Service is a storage and delivery tool. It is not a legal, estate-planning, custody, or professional advice service, and it does not replace a will, court order, or formal parenting arrangement. You should not rely on it as a substitute for legal or professional advice.

2. Eligibility and your account

To use the Service you must be an adult able to enter into a binding contract. You must be 18 years of age or older. Accounts are intended for parents and guardians. Children do not hold accounts or use the Service directly.

When you create an account, you agree to:

• Provide accurate account information, including a valid email address and mobile number, and verify both;
• Keep your account secure and not share access with others;
• Be responsible for all activity that occurs under your account.

3. Subscriptions, free trial and payment

The Service is offered on a paid subscription basis, with a free trial for new users. At launch we offer the Foundation plan, with a Legacy Builder plan available as an upgrade for additional storage.

The following terms apply to subscriptions:

• Billing through the app stores. Subscriptions are purchased and billed through Apple's App Store (iOS) and, once available, the Google Play Store (Android). Payment is charged to your Apple or Google account. We do not collect or store your payment card details.
• Free trial. New users may start a 7-day free trial of the Foundation plan. Unless you cancel before the trial ends, your subscription automatically converts to a paid annual subscription and your account is charged.
• Auto-renewal. Subscriptions renew automatically each year unless you cancel at least 24 hours before the end of the current period. You manage and cancel your subscription through your Apple or Google account settings, not within the app.
• Price changes. We may change subscription prices. Any change will apply from your next renewal and we will give notice as required by the app stores and applicable law.
• Offer codes. We may provide promotional offer codes (for example, 12-months free access for early adopters). These are redeemed through the App Store or Google Play and are subject to any stated conditions and expiry.
• Refunds. Because billing is handled by Apple and Google, refund requests are managed under their respective policies. Nothing in these Terms limits any rights you have that cannot be excluded under the Australian Consumer Law or other applicable consumer laws.

4. Communications from us

By using the Service you agree that we may send you service messages that are necessary to operate your account — for example, verification codes, inactivity notices and content-delivery links — by email (via Resend) and SMS (via Twilio). These are not marketing and you cannot opt out of them while your account is active.

We may also send you marketing and lifecycle emails (such as onboarding and reminder messages). You can unsubscribe from marketing emails at any time using the link in each email, and you can opt out of SMS by replying STOP. How we use your information for communications and advertising is explained in our Privacy Policy.

5. Storage limits and content types

Each plan includes a storage allowance (see Section 3). We will warn you as you approach your limit and may prevent further uploads once it is reached, until you free up space or upgrade.

Supported file types and sizes may be limited (for example, maximum file sizes for photos and videos). We may convert uploaded files (for example, to widely compatible formats) so that your recovery contact can open them on any device.

An expired subscription: if your subscription lapses, you will still be able to view your content, but you may not be able to upload new content until you renew.

6. Your content

You retain ownership of all letters, photos, videos and other content you create or upload (“Your Content”). We do not claim ownership of Your Content.

You grant us a limited licence to host, store, process, back up, format and deliver Your Content solely for the purpose of operating the Service — including delivering it to you and to your verified recovery contact as described in these Terms and our Privacy Policy. We do not use Your Content for advertising or share it except as set out in our Privacy Policy.

You are responsible for Your Content, and you represent and warrant that:

• You have the right to upload and store it, and to include any other people (including your children) featured in it;
• It does not infringe anyone's rights or break any law;
• It is lawful and not abusive, harmful, or otherwise prohibited under Section 9.

7. Recovery contacts

You may nominate a recovery contact to receive Your Content in the circumstances described below and in our Privacy Policy. Your recovery contact is a third party, so special responsibilities apply.

Nomination and consent. When you nominate a recovery contact, we email them a secure link and ask them to confirm their email and verify their mobile number through a short web form. In completing that process they consent to act as your recovery contact. They may also decline. A contact is only “verified” once this is complete.

Your responsibility. You must only nominate a person you know and trust, whom you have asked and who is willing to receive Your Content. Because Your Content is delivered directly to this person and may be emotionally significant, we recommend nominating a trusted adult rather than a child. You are responsible for keeping their contact details accurate and up to date, and you may change or remove your recovery contact at any time.

Delivery. Where triggered, we deliver Your Content to your verified recovery contact by a secure, time-limited download link. We are not responsible for what your recovery contact does with Your Content after delivery.

8. Inactivity detection and content delivery

A core feature of the Service is automated delivery of Your Content in defined situations. By using the Service you acknowledge and agree to the following (described more fully in our Privacy Policy):

• Inactivity (paid accounts). If you are an active paying user and do not open the app for an extended period, we send reminders over several weeks (starting at around 180 days of inactivity). If you do not return, at around 201 days we deliver Your Content to both you and your verified recovery contact. Opening the app or logging in at any point resets the process.
• Cancellation (paid accounts). If you cancel after having been a paying user, Your Content is delivered to both you and your verified recovery contact on the last day of your billing cycle.
• Free-trial cancellation. If you cancel during your free trial, Your Content is delivered only to you.
• No content, no delivery. If you have no stored content, no delivery email is sent.

You are responsible for keeping your account active if you wish to avoid the inactivity process, and for keeping your and your recovery contact's contact details current. While we take care to operate this process reliably, you acknowledge that automated delivery depends on factors partly outside our control (such as email and SMS delivery), and you should not treat the Service as your only copy of important content — you can export Your Content to yourself at any time.

9. Acceptable use

You agree not to:

• Use the Service for any unlawful, harmful, or fraudulent purpose;
• Upload content that is illegal, abusive, exploitative, or that infringes another person's rights;
• Attempt to access another user's account or data;
• Interfere with, disrupt, reverse-engineer or attempt to compromise the security or integrity of the Service;
• Use the Service to send spam or to nominate recovery contacts who have not agreed to be nominated.

We may suspend or terminate accounts that breach these Terms, or remove content that we reasonably believe is unlawful or in breach of these Terms.

10. Service availability and changes

We aim to keep the Service available and reliable, but we do not guarantee it will be uninterrupted or error-free. We may update, change, suspend or discontinue features from time to time. Where a change materially affects you, we will give reasonable notice where practicable.

11. Consumer guarantees and liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you have under the Australian Consumer Law or any other law that cannot lawfully be excluded (“Non-excludable Rights”).

Subject to your Non-excludable Rights, and to the maximum extent permitted by law: the Service is provided “as is”; we exclude all implied warranties; and we are not liable for indirect, incidental, or consequential loss, or for loss of data or content arising from factors outside our reasonable control. Where our liability cannot be excluded but can be limited, our liability is limited, at our option, to re-supplying the Service or paying the cost of having it re-supplied. To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service will not exceed the amount you paid us in the 12 months before the relevant claim.

12. Termination

You may stop using the Service and delete your account at any time. On deletion, we remove Your Content as described in our Privacy Policy (subject to the one-year redundancy period and any records we must keep by law). We may suspend or terminate your access if you breach these Terms. Sections that by their nature should survive termination (including Sections 6, 11 and 13) will continue to apply.

13. Governing law and general

Governing law. These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of that place.

Changes to these Terms. We may update these Terms from time to time. We will update the “Last updated” date and, for material changes, notify you in the app or by email. Continued use after an update means you accept the revised Terms.

App store terms. Your use of the app is also subject to the terms of the App Store or Google Play, and Apple and Google are not responsible for the Service.

Entire agreement. These Terms and the Privacy Policy make up the entire agreement between you and us regarding the Service.

14. Contact us

Questions about these Terms can be sent to hello@butterflyletters.io or submitted via https://www.butterflyletters.io/contact.

Mindset & Harmony Pty Ltd · ACN 670 117 665 · Australia