End User Licence Agreement (EULA) - australianmemoirs.com

End User License Agreement (EULA) – Australian Memoirs™

Last updated: 1 July 2025

IMPORTANT LEGAL NOTICE: This End User License Agreement (“Agreement” or “EULA”) is a legally binding contract between you (“User,” “Licensee,” “you,” or “your”) and New Quiet Empire Pty Ltd (ABN [Insert ABN]), the owner and operator of the Australian Memoirs™ platform, software, writing dashboard, AI-powered tools, and associated digital services (“Company,” “we,” “us,” or “our”). By downloading, installing, accessing, or using any part of our software, platform, or services, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement. If you do not agree to these terms, you must not access or use our services.

Definitions and Scope

Licensed Software and Services: This Agreement governs your use of the following Australian Memoirs™ products and services:

Core Platform: Web-based memoir writing dashboard, user interface, and content management system
Mobile Applications: iOS and Android applications for memoir creation and content access
Desktop Software: Any downloadable desktop applications or software components
AI Writing Tools: Artificial intelligence-powered writing assistants, content generators, and editing tools
Premium Content: Templates, writing prompts, structural frameworks, and instructional materials
Cloud Services: Data storage, synchronization, backup, and collaboration features
Third-Party Integrations: Connected services including payment processing, analytics, and support tools
Professional Services: Optional editing, formatting, publishing, and consultation services

User Categories: This Agreement applies to all users regardless of subscription tier:

Individual Users: Personal memoir writers and family historians
Family Account Users: Multiple family members sharing memoir creation resources
Professional Users: Authors, ghostwriters, and professional memoir services
Educational Users: Teachers, students, and educational institutions
Trial Users: Users accessing free trials or limited functionality versions

Grant of License

License Scope and Rights: Subject to your complete compliance with this Agreement, payment of applicable fees, and adherence to all terms and conditions, New Quiet Empire Pty Ltd grants you a limited, non-exclusive, non-transferable, revocable, and non-sublicensable license to access and use the Licensed Software and Services for the duration of your active subscription or license period.

Permitted Uses: You are authorized to use the Licensed Software and Services for the following purposes:

Personal and Family Use:

Create, edit, and organize personal and family memoirs using all available platform features
Upload, store, and manage personal photographs, documents, and media files
Utilize AI writing assistants to enhance your memoir creation process
Export completed memoirs in various formats including PDF, DOCX, and eBook formats
Share memoir content with designated family members and authorized collaborators
Access premium templates, writing prompts, and structural guidance materials

Professional Use (Individual License):

Create memoirs for personal clients under professional service agreements
Utilize platform tools for ghostwriting and memoir coaching services
Access advanced features for professional memoir production and formatting
Use collaboration tools for client review and feedback processes

Educational Use (Authorized Institutions):

Incorporate memoir writing tools into curriculum and educational programs
Provide student access to writing resources and templates under institutional licenses
Utilize platform features for educational memoir projects and assignments

License Restrictions and Prohibited Activities

Strict Prohibitions: You expressly agree that you will NOT:

Technical Restrictions:

Reverse engineer, decompile, disassemble, or attempt to derive source code from any software components
Modify, adapt, alter, translate, or create derivative works based on the Licensed Software
Remove, alter, or obscure any proprietary notices, labels, or marks on the software or documentation
Use automated tools, bots, scripts, or other technological means to access or interact with the platform beyond normal user interfaces
Attempt to gain unauthorized access to our servers, networks, or other users’ accounts
Interfere with or disrupt the integrity or performance of the platform or data contained therein
Circumvent any security measures or access controls implemented in the software or services

Commercial Restrictions:

Resell, redistribute, sublicense, or commercialize access to the Licensed Software or Services
Create white-label or rebranded versions of our platform or tools for commercial distribution
Use the platform to provide competing memoir writing services or software-as-a-service offerings
Extract, copy, or republish our proprietary writing templates, AI prompts, or instructional content for commercial use
Share your access credentials with unauthorized users or create accounts for third-party access

Content and Usage Restrictions:

Generate, upload, or share content that is illegal, defamatory, harmful, threatening, abusive, or otherwise objectionable
Create memoir content that infringes on the intellectual property rights, privacy rights, or other legal rights of third parties
Use AI writing tools to generate spam, bulk content for commercial purposes, or automated content creation for non-memoir purposes
Upload malicious code, viruses, or other harmful computer code that could damage or interfere with the platform
Engage in any activity that violates applicable laws, regulations, or third-party rights

Account and Access Restrictions:

Share login credentials, usernames, or passwords with unauthorized individuals
Create multiple accounts to circumvent usage limitations or subscription restrictions
Use another person’s account without their explicit permission
Maintain accounts after termination or suspension of your license
Transfer or assign your account or license rights to another party without written consent

Intellectual Property Rights and Ownership

Our Intellectual Property: New Quiet Empire Pty Ltd retains all right, title, and interest in and to the Licensed Software and Services, including but not limited to:

Software and Technology:

All source code, object code, algorithms, and software architecture
User interface designs, graphics, layouts, and visual elements
Database structures, data models, and technical specifications
AI models, training data, algorithms, and machine learning implementations (where proprietary)
API designs, integration protocols, and technical documentation

Content and Materials:

Writing templates, prompts, frameworks, and instructional content
Educational materials, tutorials, guides, and help documentation
Branding elements, trademarks, logos, and marketing materials
Business processes, methodologies, and proprietary workflows

Legal Protections: All intellectual property is protected under Australian and international copyright, trademark, patent, and trade secret laws. Nothing in this Agreement transfers ownership of our intellectual property to you. All rights not expressly granted in this Agreement are reserved to New Quiet Empire Pty Ltd.

Your Content Ownership: You retain full ownership and copyright of your original memoir content, personal stories, photographs, and creative works that you create or upload to the platform. This includes:

User-Generated Content:

Original memoir text, stories, and narrative content you create
Personal photographs, documents, and media files you upload
Family histories, genealogical information, and personal records
Creative arrangements, chapter organizations, and structural choices
Commentary, annotations, and personal insights added to your memoirs

User Rights and Responsibilities:

You are solely responsible for ensuring you have the legal right to use and upload all content
You warrant that your content does not infringe on any third-party rights or violate applicable laws
You grant us a limited license to store, process, and display your content solely for the purpose of providing our services
You may export, download, and delete your content at any time subject to data retention policies

AI Services and Third-Party Technology

AI Integration and Licensing: Our platform incorporates artificial intelligence technologies from leading providers including OpenAI, Anthropic, and other industry leaders. Your use of AI features is subject to additional terms:

AI Service Providers:

OpenAI Services: GPT models for text generation, Whisper for speech-to-text transcription
Anthropic Claude: Advanced language models for editing assistance and content analysis
Google AI Platform: Natural language processing and translation services
Microsoft Azure AI: Cognitive services and speech recognition capabilities

AI Usage Terms:

AI-generated suggestions are provided as guidance only and require your review and approval
You are responsible for all content you choose to accept or incorporate from AI suggestions
AI features may not be available in all regions due to service provider limitations
We do not guarantee the accuracy, appropriateness, or quality of AI-generated content

Third-Party Service Dependencies: Your use of certain platform features depends on third-party services:

Essential Third-Party Services:

Stripe: Payment processing and subscription management
Supabase: Database hosting and real-time synchronization
Amazon Web Services: Cloud infrastructure and content delivery
Google Services: Analytics, cloud storage, and productivity integrations

Third-Party Terms: Your use of integrated third-party services is subject to their respective terms of service and privacy policies. We are not responsible for third-party service availability, performance, or compliance with their terms.

Subscription Terms and Payment

Subscription Model: Australian Memoirs™ operates on a subscription-based licensing model with the following terms:

License Validity:

Your license is valid only during the period for which you have paid applicable subscription fees
Access to premium features requires an active paid subscription
Free trial periods are subject to separate trial terms and conditions
Lifetime licenses are valid for the lifetime of the service, subject to this Agreement

Payment Terms:

All fees are payable in Australian Dollars (AUD) unless otherwise specified
Subscription fees are billed in advance and are non-refundable except as required by law
Price changes will be communicated with at least 30 days’ advance notice
Failed payments may result in service suspension or termination

Subscription Management:

You may upgrade, downgrade, or cancel your subscription at any time through your account settings
Subscription changes take effect at the next billing cycle unless otherwise specified
Cancelled subscriptions remain active until the end of the current billing period
Refunds are processed according to our Refund Policy and applicable consumer protection laws

Service Availability and Performance

Service Level Commitments: We strive to provide reliable, high-quality service with the following commitments:

Availability Targets:

Platform uptime target of 99.5% measured monthly, excluding scheduled maintenance
Scheduled maintenance notifications provided at least 24 hours in advance
Emergency maintenance performed with minimal service disruption
Data backup and recovery procedures to protect against data loss

Performance Standards:

Reasonable response times for platform functionality under normal usage conditions
Regular software updates to improve performance, security, and functionality
Compatibility with current versions of major web browsers and mobile operating systems
Customer support response within 2 business days for standard inquiries

Service Limitations and Disclaimers: The Licensed Software and Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind:

Disclaimer of Warranties:

We do not guarantee uninterrupted, error-free, or completely secure service
Internet connectivity, third-party service availability, and local technical issues may affect service access
Software updates may temporarily affect functionality or require user action
AI features may experience availability limitations due to third-party service dependencies

Force Majeure: We are not liable for service interruptions caused by circumstances beyond our reasonable control, including natural disasters, government actions, network failures, or third-party service outages.

Software Updates and Modifications

Automatic Updates: We may automatically update the Licensed Software to:

Update Purposes:

Improve security, performance, and functionality
Add new features and capabilities
Ensure compatibility with third-party services and operating systems
Address bugs, errors, and technical issues
Comply with legal and regulatory requirements

User Responsibilities:

You agree to accept and install updates as required for continued service access
Failure to update may result in reduced functionality or security vulnerabilities
You are responsible for maintaining compatible devices and browsers
Critical security updates may be installed automatically without prior notice

Service Modifications: We reserve the right to modify, enhance, or discontinue features with appropriate notice:

Modification Rights:

Add new features and capabilities to enhance user experience
Modify existing features to improve functionality or performance
Discontinue features that are no longer viable or widely used
Change pricing, subscription plans, or service offerings with advance notice

User Notification:

Material changes will be communicated via email, platform notifications, or website announcements
30-day advance notice for significant feature removals or substantial service changes
Immediate notification for changes affecting security or legal compliance
Option to export data before feature discontinuation where applicable

Privacy, Data Protection, and Security

Data Protection Compliance: Your personal information and memoir content are protected under our comprehensive Privacy Policy and applicable data protection laws including:

Legal Framework:

Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs)
Notifiable Data Breaches (NDB) scheme compliance
General Data Protection Regulation (GDPR) for European users
California Consumer Privacy Act (CCPA) for California residents

Data Processing Activities:

Collection, storage, and processing of personal information for service delivery
Use of analytics and performance data to improve platform functionality
Sharing of limited data with essential third-party service providers
International data transfers with appropriate safeguards and protections

Security Measures: We implement industry-standard security controls to protect your data:

Technical Safeguards:

Encryption of data in transit and at rest using AES-256 and TLS 1.3 protocols
Multi-factor authentication options for enhanced account security
Regular security audits, penetration testing, and vulnerability assessments
Access controls and monitoring to prevent unauthorized data access
Secure backup and disaster recovery procedures

User Security Responsibilities:

Maintain strong, unique passwords for your account
Enable two-factor authentication when available
Report suspected security incidents or unauthorized access immediately
Keep your contact information current for security notifications
Use trusted devices and networks when accessing your account

Limitation of Liability and Risk Allocation

Liability Limitations: To the maximum extent permitted by applicable law, New Quiet Empire Pty Ltd’s liability is limited as follows:

Exclusion of Consequential Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of profits, revenue, or business opportunities
Loss of data, memoir content, or work product (beyond our data recovery obligations)
Interruption of business or personal activities
Emotional distress or reputational harm
Costs of procuring substitute services or technology

Monetary Liability Cap: Our total aggregate liability for all claims arising from or relating to this Agreement shall not exceed the total amount paid by you to us in the 12 months preceding the event giving rise to the claim.

Essential Service Guarantees: Nothing in this Agreement excludes or limits our liability for:

Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Breaches of consumer guarantees under Australian Consumer Law that cannot be excluded
Any other liability that cannot be excluded or limited under applicable law

User Indemnification Obligations

Indemnification Scope: You agree to indemnify, defend, and hold harmless New Quiet Empire Pty Ltd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

User Conduct:

Your use of the Licensed Software and Services in violation of this Agreement
Content you upload, share, or create that infringes third-party rights or violates applicable laws
Unauthorized sharing of access credentials or account information
Claims arising from your professional use of the platform in providing services to third parties

Legal Violations:

Violation of any applicable laws, regulations, or third-party rights
Claims of intellectual property infringement related to your content or use of the platform
Privacy violations or unauthorized disclosure of third-party personal information
Defamatory, harmful, or illegal content you create or share through the platform

Third-Party Claims:

Claims by family members or third parties regarding memoir content you have created
Disputes arising from collaborative memoir projects or shared account access
Claims related to the accuracy or appropriateness of memoir content you have published

Termination and Account Closure

Termination by User: You may terminate this Agreement and close your account at any time:

User Termination Rights:

Cancel your subscription through account settings or customer support
Request immediate account closure and data deletion
Export your memoir content before account closure
Receive pro-rated refunds where required by applicable consumer protection laws

Termination by Company: We may suspend or terminate your account and access to the Licensed Software and Services:

Immediate Termination Grounds:

Material breach of this Agreement that is not cured within 14 days of written notice
Violation of intellectual property rights or legal requirements
Fraudulent activity, payment disputes, or chargebacks
Use of the platform for illegal or harmful purposes
Multiple violations of community guidelines or acceptable use policies

Service Discontinuation:

We may discontinue the service with 90 days’ advance notice
Data export tools will be provided during the notice period
Refunds for prepaid subscription periods will be provided as required by law

Post-Termination Effects: Upon termination of this Agreement:

Immediate Effects:

Your license to use the Licensed Software and Services immediately terminates
Access to your account and memoir content may be restricted or removed
Outstanding payment obligations remain due and payable
Survival of terms including indemnification, limitation of liability, and intellectual property rights

Data Retention and Deletion:

Personal data handled according to our Privacy Policy and data retention schedule
Memoir content may be retained for a limited period to allow for account reactivation
Permanent deletion of all personal data upon request, subject to legal retention requirements
Anonymized usage data may be retained for business analytics and service improvement

Dispute Resolution and Legal Framework

Governing Law: This Agreement is governed by and construed in accordance with the laws of Queensland, Australia, without regard to conflicts of law principles.

Jurisdiction and Venue: Any legal action or proceeding arising under this Agreement shall be brought exclusively in the competent courts of Queensland, Australia. You consent to the personal jurisdiction of such courts and waive any objection to venue.

Alternative Dispute Resolution: Before initiating formal legal proceedings, the parties agree to attempt resolution through:

Good Faith Negotiations:

Direct communication between the parties to resolve disputes amicably
30-day period for informal resolution before escalating to formal processes
Exchange of relevant information and documentation to facilitate resolution

Mediation Process:

If informal negotiations fail, disputes may be submitted to mediation
Mediation conducted through a mutually agreed mediator or mediation service
Costs of mediation shared equally between the parties
Mediation proceedings kept confidential and without prejudice

Arbitration (Optional): For disputes involving claims under $75,000 AUD, parties may agree to binding arbitration:

Arbitration conducted under the rules of the Australian Commercial Disputes Centre
Single arbitrator selected by mutual agreement or appointed by the arbitration service
Arbitration award final and binding, subject to limited appeal rights under Australian law

Consumer Rights Protection: Nothing in this Agreement limits your rights under Australian Consumer Law or other applicable consumer protection legislation that cannot be excluded by agreement.

Miscellaneous Provisions

Entire Agreement: This Agreement, together with our Privacy Policy, Cookie Policy, AI Use Disclosure, and any other referenced policies, constitutes the entire agreement between you and New Quiet Empire Pty Ltd regarding the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements.

Amendment Procedures: This Agreement may only be modified:

By written amendment signed by both parties for individual negotiations
By updated terms posted on our website with appropriate notice for general terms
Material changes require 30 days’ advance notice and opportunity to review
Continued use after notice period constitutes acceptance of modified terms

Severability: If any provision of this Agreement is found to be unenforceable or invalid under applicable law, such provision shall be deemed severed from this Agreement, and the remainder of the Agreement shall continue in full force and effect.

Waiver: No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Assignment Rights: You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement to any affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets with notice to you.

Force Majeure: Neither party shall be liable for any failure or delay in performance under this Agreement resulting from circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, government actions, labor disputes, or network failures.

Survival of Terms: The following provisions shall survive termination of this Agreement: intellectual property rights, user content ownership, limitation of liability, indemnification, governing law, and any other provisions that by their nature should survive.

Contact Information and Legal Notices

Company Information: New Quiet Empire Pty Ltd ABN: [Insert ABN] Business Address: PO Box 387, Morayfield, QLD 4506, Australia

Legal and Compliance Contacts:

General Inquiries: enquiries@australianmemoirs.com.au
Legal Matters: legal@australianmemoirs.com.au
Privacy Concerns: privacy@australianmemoirs.com.au
Technical Support: technical-support@australianmemoirs.com.au

Notice Requirements: All legal notices under this Agreement must be:

Delivered in writing via email or postal mail to the addresses specified above
Include specific reference to this Agreement and the nature of the notice
Allow reasonable time for response based on the nature of the notice
Be provided in English language for legal effectiveness

Phone Support: Contact via email for phone support arrangements

Acknowledgment and Agreement

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE AUSTRALIAN MEMOIRS™ PLATFORM, SOFTWARE, OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES AND SHOULD DISCONTINUE USE IMMEDIATELY.

This Agreement is effective as of the date you first access or use our services and remains in effect until terminated in accordance with its terms.

Legal Effectiveness: This is a legally binding agreement enforceable under Australian law.

Document Version: EULA v2.1 – 2 July 2025