Terms of Use
These Terms of Use ("Terms") govern your use of The Sprout App mobile application and website (the "Platform") provided by Digital Orchard ("we", "us", "our").
By using The Sprout App, you agree to these Terms. If you do not agree, please do not use the Platform or contact us if you have any questions.
Your use of the Platform is also governed by our Privacy Policy, which explains how we collect, use, store and protect personal information.
1. Eligibility and use by children
The Sprout App is intended for use by parents, legal guardians or caregivers. You must be at least 18 years old to create an account or submit personal information.
You acknowledge and agree that you are solely responsible for a child's use of the Platform and for any information you provide about a child. The Sprout App is not intended to be used independently by children, and all interactions with the Platform must be managed by a parent or legal guardian.
If you do not accept these Terms, neither you nor any child may access or use the Platform.
2. Your responsibilities
You agree to:
- Provide accurate, current and complete information
- Keep your account credentials secure and confidential
- Use the Platform only for lawful purposes
- Not misuse, interfere with, hack or disrupt the Platform or its security
- Ensure the accuracy of any information you submit, including information relating to a child
You are responsible for all activity that occurs under your account.
3. Intellectual property
All content, features, branding and materials available on The Sprout App Platform are owned by Digital Orchard or its licensors and are protected by intellectual property laws.
You may not copy, reproduce, distribute, modify or create derivative works from any part of the Platform without our prior written consent.
4. Service availability
We aim to provide reliable access to The Sprout App Platform but do not guarantee uninterrupted or error-free operation.
We may modify, suspend or discontinue any part of the Platform at any time, including features or functionality.
The Sprout App may notify you of minimum device, operating system or app version requirements. You are responsible for meeting these requirements, including installing updates. We may block outdated versions of the app after providing reasonable notice. The Sprout App will not be liable for any loss or damage resulting from failure to meet these requirements.
5. Limitation of liability
Nothing in these Terms limits or excludes any rights or remedies that cannot be limited or excluded under applicable law, including statutory consumer guarantees.
To the maximum extent permitted by law, Digital Orchard will not be liable for any loss, damage or injury arising from:
- Your use of, or inability to access, The Sprout App or website
- Data loss, corruption or system failure
- Errors, bugs or service interruptions
To the extent permitted by law, our total liability to you for any claim relating to the Platform will be limited to the amount paid by you to Digital Orchard in the 12 months preceding the claim.
6. Termination
We may suspend or terminate your access to the Platform if you breach these Terms or misuse the Platform.
You may delete your account at any time through the app or by contacting us. Upon termination, your right to use the Platform will cease once the current payment term has concluded.
7. Fees
- The fees charged for the use of the site and Application are set out on our pricing page.
- By registering your account, you agree to pay the fees.
- The fees are charged annually and payable in advance.
- This will be payable post the free trial period.
- Should you wish not to be charged, you should delete your account prior to the free trial period.
- The subsequent annual Sprout App fee will be due and payable in advance on the renewal fee date.
- Subscriptions automatically renew unless cancelled before the renewal date through your account settings or the relevant app store.
- All fees include applicable taxes where required by law, including GST or VAT where applicable.
- You agree to complete any required direct debit forms we require. Payments may be processed through third-party app stores or payment providers. You agree to comply with any applicable billing terms of those providers.
- You should make sure that you have sufficient funds. Any failed attempts to debit your fee may result in additional fees or penalties from your bank (these are not charged by The Sprout App).
- Should there be an issue with payment, we may attempt to debit your account until the fee has been paid and your account may be suspended pending payment. Please contact us should you encounter any issue.
- You may cancel your annual Sprout App membership at any time. If you cancel after the free trial period, fees already paid are generally non-refundable except where required under applicable consumer protection laws, including rights relating to defective digital services, mistaken billing or valid statutory cancellation rights.
- If you believe there are special circumstances surrounding your subscription, please contact us at info@thesproutapp.com.au and we will review your request on a case-by-case basis.
- For users in the United Kingdom and South Africa, you may have additional rights under applicable consumer protection laws, including rights relating to digital services that are not provided with reasonable care and skill. Nothing in these Terms affects those rights.
8. Changes to Terms
We may update these Terms from time to time. Updates will be posted in The Sprout App or website and will take effect from the updated effective date. Continued use after changes means you accept the revised terms.
If we make changes to these Terms that we reasonably believe could be materially detrimental to you, or that will result in an increase to a fee you are required to pay, we will give you at least 30 days' prior notice of the change.
If you do not agree to the updated Terms, you may stop using The Sprout App and cancel your account before the changes take effect. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.
9. Governing law
These Terms are governed by the laws of Australia, except where mandatory consumer protection laws in your country of residence apply. If you are a consumer residing in the European Union, you may also have rights under applicable EU consumer protection laws and may bring claims in your local courts where required by law.
10. Contact
For questions about these Terms, please contact:
Email: info@thesproutapp.com.au
Business Name: Digital Orchard