In-App Purchase Terms & Conditions – GM5: MindFit

Parties and Scope

This End User License Agreement (“EULA” or “Agreement”) is a legal agreement between you (“User,” “you,” or “your”) and Give Me Five Pty Ltd (ABN: 54 640 081 885) (“Licensor,” “we,” “us,” or “our”), the developer and publisher of GM5: MindFit (“Application”) available on the Apple App Store.

Apple Inc. is not a party to this EULA and is not responsible for the Application or its content. Apple has no obligation whatsoever to provide maintenance or support services for the Application. Any claims relating to the Application — including product liability, legal compliance, or consumer protection — are the sole responsibility of Give Me Five Pty Ltd.

In-App Purchase Types

GM5: MindFit may offer the following categories of in-app purchases (“IAP”):

Pricing, Payment and Billing

All prices are displayed in your local currency as determined by the App Store and include applicable taxes where required by law. Payment is charged to your Apple ID account at confirmation of purchase.

• Prices may vary by region and are subject to change in accordance with Apple’s pricing framework.
• For auto-renewable subscriptions, your Apple ID account will be charged within 24 hours before the end of the current subscription period.
• Subscription pricing may change. Give Me Five Pty Ltd will notify you in advance of any price increase; continued use constitutes acceptance.
• Any unused portion of a free trial period, if offered, is forfeited upon purchase of a subscription.

Subscriptions – Cancellation and Renewal

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You may manage and cancel subscriptions at any time via:

1. Open the Settings app on your device.
2. Tap your name → Subscriptions.
3. Select GM5: MindFit and tap Cancel Subscription.

Cancellation takes effect at the end of the current billing period. You will retain access to subscribed features until that date. No partial-period refunds are issued by Give Me Five Pty Ltd; partial refunds may be available at Apple’s sole discretion.

Licence Grant and Restrictions

Subject to your compliance with this EULA and payment of applicable fees, Give Me Five Pty Ltd grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the purchased content or features solely for personal, non-commercial purposes on Apple-branded devices you own or control, as permitted by the App Store Usage Rules.

You may not:

• Sell, resell, transfer, sublicense, or assign your in-app purchase rights to any third party.
• Share account credentials to provide purchased features to other users (except via Family Sharing where supported).
• Attempt to circumvent, replicate, or reverse engineer in-app purchase mechanics within GM5: MindFit.
• Use the Application or purchased content for commercial redistribution or public display.

Family Sharing

Where GM5: MindFit supports Apple Family Sharing, non-consumable purchases and eligible auto-renewable subscriptions may be shared with up to five additional family members in your Family Sharing group, subject to Apple’s Family Sharing terms. Give Me Five Pty Ltd reserves the right to limit Family Sharing availability for specific products.

Restore Purchases

Non-consumable purchases are associated with your Apple ID and may be restored on any device signed in with the same Apple ID by using the “Restore Purchases” function within GM5: MindFit. Consumable items are not restorable. Subscriptions are automatically restored by signing in with the original Apple ID used for purchase.

Content and Feature Changes

Give Me Five Pty Ltd reserves the right to modify, suspend, or discontinue features and content associated with in-app purchases, subject to the following conditions:

• For active subscriptions: material reductions in content or features will be communicated with reasonable notice and may entitle you to cancel without penalty.
• For non-consumable purchases: Give Me Five Pty Ltd will endeavour to maintain equivalent functionality; where this is not practicable, a replacement of equivalent value may be offered.
• For consumable purchases: all sales are final once the item is delivered to your account.

Refund Policy

All in-app purchases are processed exclusively through Apple and are subject to Apple’s refund policy. Give Me Five Pty Ltd has no authority to issue refunds directly. To request a refund:

• Visit reportaproblem.apple.com and sign in with your Apple ID.
• Locate the relevant GM5: MindFit purchase and select “Request a Refund.”
• Follow the on-screen instructions to submit your request to Apple.

Apple may, at its discretion, grant refunds in accordance with applicable consumer protection laws in your jurisdiction. This does not limit any statutory rights you may have under the Australian Consumer Law.

Age Requirements and Parental Controls

By completing an in-app purchase, you represent that you are at least 13 years of age (or the applicable minimum age in your jurisdiction). Users under 18 must have consent from a parent or legal guardian. We strongly recommend enabling Ask to Buy via Apple’s Screen Time and Family Sharing features to supervise minor purchases within GM5: MindFit.

Intellectual Property

All content, features, and functionality made available through in-app purchases within GM5: MindFit — including but not limited to graphics, text, audio, video, mindfulness programs, and interactive elements — are and remain the exclusive property of Give Me Five Pty Ltd or its licensors and are protected by applicable intellectual property laws. Your purchase grants you a licence to use such content; it does not transfer ownership.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, GM5: MindFit and all in-app purchases are provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Give Me Five Pty Ltd does not warrant that the Application will be uninterrupted, error-free, or free of harmful components.

Limitation of Liability

To the fullest extent permitted by law, Give Me Five Pty Ltd’s total liability to you for any claim arising out of or relating to in-app purchases shall not exceed the amount you paid for the relevant purchase in the 12 months preceding the claim. In no event shall Give Me Five Pty Ltd be liable for indirect, incidental, special, consequential, or punitive damages.

Nothing in this EULA limits liability that cannot be excluded under the Australian Consumer Law or any other applicable consumer protection legislation in your jurisdiction.

Privacy and Data

Purchase transaction data is handled by Apple in accordance with Apple’s Privacy Policy. Give Me Five Pty Ltd may receive limited transaction metadata (e.g., purchase confirmation, subscription status) necessary to activate purchased features within GM5: MindFit. This data is processed in accordance with our Privacy Policy, available at https://gm5.io/privacy-policy.

Governing Law and Dispute Resolution

This EULA is governed by the laws of New South Wales, Australia, without regard to its conflict of law provisions. Any dispute arising from this Agreement shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the courts of New South Wales, Australia, except where consumer protection laws in your jurisdiction provide otherwise.

Amendments

Give Me Five Pty Ltd reserves the right to amend this EULA at any time. For material changes, notice will be provided via the Application or App Store update notes at least 30 days prior to the change taking effect for active subscribers. Continued use of GM5: MindFit or its in-app purchases after the effective date constitutes acceptance of the revised terms.

Contact Information

For questions about these terms or in-app purchases within GM5: MindFit, please contact: