MEMORYMATERIX – MOBILE APP TERMS AND CONDITIONS

Version 2, effective 11 November 2026

Welcome to MemoryMateRix. Michael Graham Jack trading as MemoryMateRix, ABN 62 246 889 923 (‘we’, ‘our’ or ‘us’), provides MemoryMateRix, a private notes and organiser app for Android, for information such as memories, contacts, calendar events, lists and reminders, including any updates we release (Software).

These terms and conditions (Terms) govern your access to the Software and us providing you any other goods and services as set out in these Terms. You can view the most updated version of our Terms at https://www.memorymaterix.com.au/terms, on our website at https://www.memorymaterix.com.au (Website), and through the Software. Please read these terms and conditions carefully before agreeing to them.

You may use the free version of the Software or unlock the Premium version through the Software. The Software is available for download through Google Play only. The Software is free to download, and Premium features are available through a one-time Premium unlock for the Premium Fee displayed before purchase.

1 READING AND ACCEPTING THESE TERMS

(a) In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.

(b) By tapping “I agree” on the terms screen in the Software, which appears before you first use the Software and again when these Terms change, you agree to be bound by these Terms which form a binding contractual agreement between you, the adult using the Software or the parent or guardian accepting these Terms in your own capacity to permit a person under 18 to use the Software (‘you’ or ‘your’), and us. By tapping I agree, you also acknowledge that you have read our AI Disclaimer and Privacy Policy, which are linked on that screen.

(c) We may change these Terms by notifying you through the Software. Changes will apply prospectively and will not retrospectively reduce your rights in respect of a premium purchase already made. Any change that materially disadvantages you in respect of that purchase requires your express agreement, except to the extent required by applicable law.

2 ELIGIBILITY

(a) By accepting these Terms, you represent and warrant that:

(i) you are aged 18 years or over and have the legal capacity and authority to enter into a binding contract with us; and

(ii) if you purchase Premium, you are authorised to use the payment method provided.

(b) If you are a parent or guardian accepting these Terms to permit a person under 18 to use the Software, you consent to their personal use of the Software and agree to provide reasonable supervision of that use.

(c) If you are under 18, you must not use the Software unless your parent or guardian has reviewed and accepted these Terms in accordance with clause 2(b).

3 DURATION OF THESE TERMS

These Terms commence on the date you agree to be bound by these Terms (as set out at the beginning of these Terms) and continue while you use the Solution. Premium access does not expire merely through the passage of time and does not require renewal or recurring payment.

4 THE SOLUTION

4.1 SCOPE OF THE SOLUTION

(a) We will provide you, to the extent of the free or Premium version you use, the Software and the Documentation (Solution).

(b) Premium unlocks the features marked as Premium in the Software, as described before you buy. We may add new Premium features from time to time. If you have bought Premium, you receive new Premium features at no extra cost. Changes to features are subject to clause 4.4(c).

4.2 NO APP ACCOUNT

You do not need to register an account with us to use the Solution. Any Google Play account used to download the Software or make an in-app purchase is separate from the Solution and is governed by the applicable third-party terms.

4.3 DISCLAIMER

You acknowledge and agree that:

(a) any information provided to you as part of or in connection with the Solution is general in nature, may not be suitable for your circumstances and does not constitute financial, legal or any other kind of professional advice; and

(b) the Software was developed with the help of artificial intelligence coding tools, under our direction, review and testing, but the Software is a notes and organiser app, not an AI platform. Rix provides voice commands and does not provide generative AI functionality. We do not use User Data to train AI models. The use of AI tools during development does not limit our obligations under these Terms or any rights you have under applicable law.

4.4 SOFTWARE

(a) While you use the Software, we grant to you a personal, non-exclusive, non-transferable licence to use the Software and Documentation on devices you own or control, including to permit the person under 18 referred to in clause 2(b) to use them for personal purposes.

(b) We may from time to time, in our absolute discretion, release enhancements to the Software, meaning an upgraded, improved, modified or new versions of the Software (Enhancements). Any Enhancements to the Software will not limit or otherwise affect these Terms.

(c) We may change any features of the Solution on notice to you. If we permanently remove a Premium feature that was included when you bought Premium, without providing a reasonable equivalent, you may request a full refund of the Premium Fee you paid. This refund right is additional to, and does not limit, any refund or other remedy available under applicable law.

4.5 SUPPORT SERVICES

We will provide general support where reasonably necessary to resolve technical issues with the Software (Support Services). Unless otherwise agreed in writing:

(a) we will take reasonable steps to provide Support Services where necessary (you should first check the How-To Guide in the Software, and we will not assist with issues that are beyond our reasonable control);

(b) we will use our reasonable endeavours to respond to requests for Support Services and you acknowledge that we may not be available 24/7 or respond within a particular time frame;

(d) you will not have any claim for delay to your access to the Software due to any failure or delay in Support Services.

5 DATA STORAGE AND VOICE RECOGNITION

(a) User Data entered or created in the Software is stored in an encrypted database on your device. We do not provide a cloud hosting service for that database and do not receive or have access to its contents through your ordinary use of the Software. Your User Data is not included in Android or Google device backups, and is not copied when you move to a new phone.

(b) Premium features include encrypted backup and recovery. You are responsible for creating and retaining your backups and keeping any passwords or recovery information required to use them secure. We do not retain a backup copy for you.

(c) Voice recognition uses your phone’s own speech service. With cloud voice recognition off (the default), your voice is turned into text on your device using an offline speech pack, which needs Android 13 or newer and a phone that supports it. On other phones, voice input works only if you turn on cloud voice recognition in Rix Settings. When it is on, on any Android version, your phone’s speech service (usually Google’s) may send the sound of your voice to its servers to turn it into text, under that provider’s own terms. The contents of your notes and database are not sent. The Software does not record or store your voice.

(d) If your device is lost, damaged or reset, or you delete the Software or its data, you may lose access to User Data unless you have a usable backup and the information required to restore it. Moving to a new phone does not move your User Data. Only a backup does. Backup and recovery are Premium features, so without Premium your User Data cannot be moved to another phone. If you have bought Premium, your Premium access is restored on a new phone signed in to the same Google Play account, but your User Data is not. To move your User Data, you must create a backup on your old phone and restore it on the new phone. Any limitation of liability in connection with that loss is subject to the Liability clause and applicable law.

6 USING THE SOFTWARE

6.1 YOUR OBLIGATIONS

(a) You must comply with these Terms at all times.

(b) You must not, and must not encourage or permit any third party to, without our prior written approval:

(i) use the Software to store passwords or recovery codes, or as the only copy of information you cannot afford to lose;

(ii) upload any illegal material using the Software;

(iii) use the Software for any purpose other than for the purpose for which it was designed, including you must not use the Solution in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(iv) make copies of the Documentation or the Software;

(v) adapt, modify or tamper in any way with the Software;

(vi) remove or alter any copyright, trade mark or other notice on or forming part of the Software or Documentation;

(vii) use the Software in a way which infringes the Intellectual Property Rights of any third party;

(viii) create derivative works from or translate the Software or Documentation;

(ix) publish or otherwise communicate the Software or Documentation to the public, including by making it available online or sharing it with third parties;

(x) integrate the Software with third party data or Software, or make additions or changes to the Software, (including by incorporating APIs into the Software) other than through the Software’s own features or in accordance with any Documentation or instructions provided by us in writing;

(xi) sell, loan, transfer, sub-licence, hire or otherwise dispose of the Software or Documentation to any third party;

(xii) decompile or reverse engineer the Software or any part of it, or otherwise attempt to derive its source code;

(xiii) make any automated use of the Solution and you must not copy, reproduce, translate, adapt, vary or modify the Solution without our express written consent; or

(xiv) attempt to circumvent any technological protection mechanism or other security feature of the Software.

(c) If you become aware of any errors in the Software or any difficulty in accessing or using the Software, please contact us immediately using the contact details or form provided on our Website.

(d) You agree:

(i) to comply with each of your obligations in these Terms; and

(ii) that information given to you through the Software by us is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information.

7 FEES AND PAYMENT

7.1 PROMOTIONAL ACCESS

We may from time to time offer promotional codes for access to premium features on the terms communicated with those codes. Redeeming a promotional code does not authorise a recurring charge or an automatic paid purchase.

7.2 PREMIUM FEE

(a) You must pay the one-time fee displayed to you through the Software’s in-app purchase process when you choose to unlock premium features (Premium Fee). Prices are displayed in the applicable currency before purchase.

(b) The Premium Fee must be paid in advance and is non-refundable for change of mind. This does not limit any refund right under clause 4.4(c), the applicable purchase platform’s terms or applicable law.

7.3 GST

The total price, currency and any applicable taxes will be displayed through the in-app purchase process before you confirm your purchase.

7.4 ONLINE PAYMENT PARTNER

In-app purchases are made through Google Play’s billing system (Online Payment Partner). Google Play is provided by Google LLC, and the Google entity responsible for payment processing is identified in the applicable Google payment terms. Purchases are subject to its applicable payment terms and privacy policy, which are made available to you before purchase. If you do not accept those terms, you must not proceed with the premium purchase, but you may continue to use the free version of the Software. Nothing in this clause limits our responsibility to you under applicable law.

8 INTELLECTUAL PROPERTY AND DATA

8.1 SOFTWARE CONTENT INTELLECTUAL PROPERTY

(a) (Our ownership) As between you and us, we retain all Intellectual Property Rights that we own in the Materials provided to you in connection with the Software (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Software Content), and reserve all rights in the Software Content owned or licensed by us that are not expressly granted to you. Third party components, including open-source components, remain subject to their applicable licences, which are listed at https://www.memorymaterix.com.au/licences. Nothing in these Terms restricts any rights you have under those licences.

(b) (Licence to you) You are granted a licence to the Software Content, and you may make a temporary electronic copy of all or part of any materials provided to you for the sole purpose of viewing them and using them for the purposes of the Software. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish those materials or any Software Content without prior written consent from us or as otherwise permitted by law. This clause is subject to any applicable third party licence referred to in clause 8.1(a).

8.2 USER DATA

Our Rights and Obligations

(a) You retain ownership of User Data. We do not receive or access the contents of your locally stored database through your ordinary use of the Software and do not use those contents for analytics, machine learning, AI model training or other internal business purposes. If you voluntarily provide feedback or support material to us, you grant us a non-exclusive, royalty-free licence to use that material to respond to you, provide support and improve the Solution, subject to clause 10.

(b) We do not remotely review, moderate or remove User Data stored on your device.

Your Obligations

(i) you share User Data only with intended recipients; and

(ii) all User Data is appropriate and not in contravention of these Terms.

(d) You:

(i) warrant that our use of any feedback or support material you voluntarily provide to us in accordance with clause 8.2(a) will not infringe any third-party Intellectual Property Rights.

9 THIRD PARTY SOFTWARE & TERMS

9.1 THIRD PARTY TERMS

(a) Your use of Google Play and any third party speech recognition service may be subject to that provider’s terms and conditions (Third Party Terms). Cloud voice recognition uses the speech recognition service set on your phone (on most Android phones, Google’s). That service’s own terms and privacy policy apply.

(b) Where a feature of the Solution uses a third party service, that service’s own terms may apply. We will tell you in the Software when a feature uses a third party service, so you can check its terms before turning that feature on. This does not limit our responsibility to you under applicable law.

(c) If you do not accept the Third Party Terms applicable to an optional feature, you must not enable that feature. This does not prevent you from using other features of the Solution that do not require that third party service.

10 PRIVACY

(a) We do not collect the contents of your locally stored database through your ordinary use of the Software, and the Software does not use tracking technologies. We may collect personal information you voluntarily provide when you contact us or submit feedback, to contact and communicate with you, respond to your enquiries and for other purposes set out in our Privacy Policy, which can be found at https://www.memorymaterix.com.au/privacy-policy. Optional cloud voice recognition and in-app purchase processing involve the third party services described in clauses 5, 7.4 and 9.

(b) Our Privacy Policy contains more information about how we use, disclose and store your personal information and details how you can access and correct your personal information.

(c) Our Privacy Policy explains how we handle personal information. Acknowledging the Privacy Policy does not, by itself, constitute consent to any collection, use or disclosure for which separate consent is required by applicable law.

11 LIABILITY

11.1 WARRANTIES AND LIMITATIONS

(a) (Warranties) We warrant that:

(i) while you use the Software, the Software will perform substantially in accordance with the Documentation;

(ii) while you use the Software, the Solution will be provided as described to you in, and subject to, these Terms; and

(iii) to our knowledge, the use of the Software in accordance with these Terms will not infringe the Intellectual Property Rights of any third party.

(b) (Errors) We will use reasonable endeavours to correct, in a future update, any errors, bugs or defects in the Software which are notified to us by you, unless the errors, bugs or defects:

(i) result from the interaction of the Software with any other solution or computer hardware, software or services not approved in writing by us;

(ii) result from any misuse of the Software; or

(iii) result from the use of the Software by you other than in accordance with these Terms or the Documentation.

(c) (Service Limitations) While we will use our reasonable endeavours to ensure the Solution is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:

(i) the Solution may have errors or defects;

(ii) the Solution may not be accessible at times;

(iii) reminders and notifications may be delayed or may not arrive, for example if your phone is off, its battery is flat, or notification or exact alarm permissions are turned off. Do not rely on the Software for medication, emergencies or other time-critical tasks;

(iv) we cannot protect your information if your phone itself is compromised, or someone else can unlock it; or

(v) any information provided through the Solution may not be accurate or true.

(d) (Exclusion) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.

(e) (Consumer law) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under any other applicable law that cannot lawfully be excluded, restricted or modified.

11.2 LIABILITY

To the maximum extent permitted by law, each party’s liability for loss or damage arising in connection with these Terms or the Solution is limited to the extent that the loss or damage is caused or contributed to by that party’s breach of these Terms, negligence or unlawful conduct. Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified.

11.3 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with these Terms or any goods or services provided by us, except:

(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b) to the extent this liability cannot be excluded under applicable law.

12 PREMIUM UNLOCK

You may unlock premium features by completing the one-time in-app purchase described in clause 7. Your premium access will commence once that purchase is successfully completed. There is no recurring charge, upgrade or downgrade process.

13 DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within 14 days (or such other period as agreed by the parties in writing) after the date of the notice, either party may refer the dispute to mediation by written notice to the other party.

(d) The parties must endeavour to agree on a mediator within 14 days after a notice referring the dispute to mediation. The mediation will take place remotely unless the parties agree otherwise. Each party will bear its own costs and share the mediator’s fees equally, unless otherwise agreed.

(e) Subject to clause 13(f), a party may commence court proceedings if the parties cannot agree on a mediator within that period, the other party refuses to participate, or the dispute is not resolved within 30 days after the mediator is appointed.

(f) This clause does not prevent a party from seeking urgent interlocutory relief, commencing proceedings necessary to preserve a limitation period, making a complaint to a regulator, or exercising a right to access a court, tribunal or statutory dispute resolution process that cannot lawfully be restricted.

14 FORCE MAJEURE

(a) We will not be liable for any delay or failure to perform our obligations under this agreement if such delay or failure arises out of a Force Majeure Event.

(b) If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:

(i) reasonable details of the Force Majeure Event; and

(ii) so far as is known, the probable extent to which we will be unable to perform or be delayed in performing our obligations under this agreement.

(c) Subject to compliance with clause 14(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:

(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

(ii) strikes or other industrial action outside of the control of us; or

(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic or pandemic.

15 NOTICES

(a) A notice or other communication to a party under these Terms must be:

(i) in writing and in English; and

(ii) delivered to us via email at hello@memorymaterix.com.au, or to you via email at an address you have provided to us for correspondence concerning the Solution or, if no such address has been provided, by a notice displayed within the Software. A party may update its email address by notice to the other party.

(b) An email notice will be taken to be given as follows, unless the sender knows or reasonably ought to suspect that it was not delivered:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier. A notice displayed within the Software will be taken to be given when it is displayed to you, rather than merely when it is made available for display.

16 GENERAL

16.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Tasmania, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Tasmania, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum. However, nothing in this clause deprives you of any mandatory consumer protection under the law applicable to you or prevents you from bringing proceedings in a court or tribunal where you have a right to do so that cannot lawfully be excluded.

16.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

16.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

16.4 ASSIGNMENT

You cannot assign, novate or otherwise transfer any of your rights or obligations under this agreement without our prior written consent. We may assign or transfer this agreement, on notice to you, to a company we control or to a buyer of the Software, provided your rights under these Terms are not reduced.

16.5 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

16.6 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $; or “dollar” is to Australian currency;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

DEFINITIONS

Documentation means all manuals, help files and other documents supplied by us to you relating to the Software, whether in electronic or hardcopy form.

Intellectual Property Rights means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

Material means tangible and intangible information, documents, reports, software (including source and object code), inventions, data and other materials in any media whatsoever.

Software has the meaning given in the first paragraph of these Terms.

Software Content has the meaning set out in clause 8.1(a).

Solution has the meaning set out in clause 4.1.

Premium Fee has the meaning set out in clause 7 of these Terms.

Support Services has the meaning given in clause 4.5.

User means you and, where applicable, the person under 18 permitted to use the Software under clause 2(b).

User Data means any files, data, documents, information or other Materials entered into, created in or stored using the Software by you, or otherwise voluntarily provided to us under or in connection with these Terms, including any Intellectual Property Rights attaching to those materials.

Website means the website at the URL set out in the second paragraph of these Terms, and any other website operated by us in connection with the Solution.