Introduction

This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "you") and Codium Pty Ltd ACN 141 674 375 ("Company", "we", "us", or "our") for the mobile application Milestone ("Application" or "App").

By downloading, installing, or using the Application, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not download, install, or use the Application.

1. GRANT OF LICENSE

1.1 License Grant
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on a mobile device that you own or control, solely for your personal or internal business purposes.

1.2 License Restrictions
You may not:

1.3 Updates and Modifications
We may provide updates, patches, or modifications to the Application from time to time. Such updates may be automatically downloaded and installed. You acknowledge that we may modify or discontinue the Application at any time without notice.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Ownership
The Application, including all content, features, functionality, software code, designs, graphics, text, and other materials, is owned by Codium Pty Ltd and is protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

2.2 Trademarks
All trademarks, service marks, logos, and trade names displayed in the Application are proprietary to Codium Pty Ltd or their respective owners. Nothing in this Agreement grants you any right to use such trademarks.

2.3 Feedback
If you provide us with any feedback, suggestions, or ideas regarding the Application, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without any obligation to you.

3. USER ACCOUNTS AND DATA

3.1 Account Registration
Certain features of the Application may require you to create an account. You agree to:

3.2 Data Collection and Privacy
Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Application, you consent to our data practices as described in the Privacy Policy.

3.3 User Content
If the Application allows you to submit, upload, or post content:

4. IN-APP PURCHASES AND SUBSCRIPTIONS

4.1 Payment Terms
Certain features or content within the Application may be available for purchase ("In-App Purchases"). All purchases are processed through the Apple App Store or Google Play Store, and are subject to their respective terms and conditions.

4.2 Pricing
All prices are displayed in Australian Dollars (AUD) unless otherwise stated. Prices are subject to change without notice.

4.3 Subscriptions
Subscription-based features will automatically renew unless cancelled at least 24 hours before the end of the current period. You may manage or cancel subscriptions through your Apple App Store or Google Play Store account settings.

4.4 Refunds
Refund requests are subject to the refund policies of the Apple App Store or Google Play Store. We do not directly process refunds for purchases made through these platforms.

5. THIRD-PARTY SERVICES AND CONTENT

5.1 Third-Party Integration
The Application may integrate with or contain links to third-party services, websites, or content. We do not control and are not responsible for such third-party services. Your use of third-party services is at your own risk and subject to their terms and conditions.

5.2 Third-Party Terms
Your use of the Application through the Apple App Store or Google Play Store is also subject to the applicable app store's terms of service.

6. ACCEPTABLE USE

You agree not to use the Application to:

7. DISCLAIMERS AND WARRANTIES

7.1 "As Is" Basis
THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

7.2 No Guarantee
We do not warrant that:

7.3 Device Compatibility
You are responsible for ensuring your device meets the minimum requirements for the Application. We are not responsible for any damage to your device resulting from use of the Application.

8. LIMITATION OF LIABILITY

8.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CODIUM PTY LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

8.2 Maximum Liability
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS (AUD $100), WHICHEVER IS GREATER.

8.3 Australian Consumer Law
Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Codium Pty Ltd, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

10. TERMINATION

10.1 Termination by You
You may terminate this Agreement at any time by uninstalling the Application and ceasing all use.

10.2 Termination by Us
We may terminate or suspend your access to the Application immediately, without prior notice or liability, for any reason, including:

10.3 Effect of Termination
Upon termination:

11. GEOGRAPHIC RESTRICTIONS

The Application is controlled and operated from Australia. We make no representation that the Application is appropriate or available for use in other locations. If you access the Application from outside Australia, you do so at your own risk and are responsible for compliance with local laws.

12. EXPORT COMPLIANCE

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to Australian government embargo or designated as a "terrorist supporting" country, and that you are not listed on any Australian government list of prohibited or restricted parties.

13. DISPUTE RESOLUTION

13.1 Governing Law
This Agreement is governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

13.2 Jurisdiction
Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

13.3 Informal Resolution
Before initiating formal proceedings, you agree to first contact us at support@codium.com.au to attempt to resolve the dispute informally.

14. GENERAL PROVISIONS

14.1 Entire Agreement
This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Codium Pty Ltd regarding the Application and supersedes all prior agreements and understandings.

14.2 Amendments
We reserve the right to modify this Agreement at any time. We will notify you of material changes by posting the updated Agreement within the Application or by other reasonable means. Your continued use of the Application after changes constitutes acceptance of the modified Agreement.

14.3 Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.4 Waiver
Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

14.5 Assignment
You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.

14.6 No Agency
Nothing in this Agreement creates any agency, partnership, joint venture, or employment relationship between you and Codium Pty Ltd.

14.7 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

15. APPLE APP STORE ADDITIONAL TERMS

If you download the Application from the Apple App Store, the following additional terms apply:

15.1 Acknowledgement
You acknowledge that this Agreement is between you and Codium Pty Ltd only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Application or its content.

15.2 Scope of License
The license granted is limited to a non-transferable license to use the Application on an Apple-branded product running iOS that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

15.3 Maintenance and Support
Apple has no obligation to provide maintenance or support services for the Application. Codium Pty Ltd is solely responsible for any product warranties.

15.4 Product Claims
Apple is not responsible for addressing any claims relating to the Application or your possession or use of it, including product liability claims, consumer protection claims, or intellectual property infringement claims.

15.5 Third-Party Beneficiary
Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance, Apple will have the right to enforce this Agreement against you.

16. GOOGLE PLAY STORE ADDITIONAL TERMS

If you download the Application from Google Play Store, you agree to comply with the then-current Google Play Terms of Service, available at https://play.google.com/intl/en-AU_au/about/play-terms/.

17. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us:
Codium Pty Ltd
Email: support@codium.com.au
Address: Ground Floor 207 Greenhill Road, Eastwood 5063, Adelaide South Australia

18. ACKNOWLEDGEMENT

BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.