Eyrie — Terms of Service

Effective date: 7 October 2026 Last updated: 29 October 2026

1. About these Terms

1.1 These Terms of Service ("Terms") are a legally binding agreement between you and the operator of Eyrie ("Eyrie", "we", "us", "our"), and they govern your access to and use of the Eyrie website at https://eyrie.au, the Eyrie mobile applications for Apple iOS and Google Android, the Eyrie application programming interface at https://api.eyrie.au, and all related features, content and services (together, the "Service").

1.2 By creating an account, installing the app, pairing a device, or otherwise using the Service, you confirm that you have read, understood and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and any other policy we link to from these Terms. If you do not agree, you must not use the Service.

1.3 Additional terms may apply to particular features (for example, a paid subscription). Where additional terms apply, they form part of these Terms. If there is any inconsistency, the additional feature-specific terms prevail for that feature to the extent of the inconsistency.

1.4 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("ACL") or any other law that cannot lawfully be excluded or limited. Where these Terms would otherwise do so, they are to be read down to the extent necessary so that they do not. Clause 15 explains how this applies to our disclaimers and liability caps.

2. Definitions

In these Terms:

3. The Service — what Eyrie is (and is not)

3.1 Eyrie is a family location-sharing and safety aid. It lets an Account Holder and invited Guardians see the current and recent location of the Children in their Family, define geofenced "Places", set "Routines" (expected arrivals and departures), receive safety alerts (such as arrival, departure, running late, went-quiet, low-battery and mock-location alerts), receive a Child's SOS, exchange short text messages with a Child, and request or receive a "check in".

3.2 Eyrie is not an emergency, security, medical, monitoring or personal-alarm service, and it must never be relied on as one. In particular:

(a) Eyrie does not contact emergency services, dispatch help, or guarantee that anyone will see or respond to any alert, SOS or message. The Service is a convenience that supplements — and never replaces — your own attention, judgement and direct communication with your Family.

(b) In an emergency, or if you believe a person is at risk, contact the emergency services in your location immediately. Do not wait for, or rely on, any Eyrie alert, location or feature.

3.3 The full details of what Eyrie does and does not do are set out in What Eyrie Does, which forms part of these Terms.

4. No guarantee of location accuracy or availability

4.1 Location technology has inherent limits that are outside our control. You acknowledge and agree that:

(a) location data is derived from GPS, Wi-Fi, mobile networks and device sensors, and can be inaccurate, delayed, stale, incomplete or unavailable;

(b) a location may be off by a significant distance, may be minutes or hours old, or may not appear at all — for example if a Child's device is switched off, out of battery, out of coverage, in a tunnel or building, has permissions disabled, is in a battery-saving state, or is reporting a faked ("mocked") location;

(c) alerts and notifications depend on third-party push and text-message networks (including Apple, Google and mobile carriers) and on network conditions, and may be delayed, undelivered or duplicated;

(d) the Service may be unavailable during maintenance, outages, or events beyond our reasonable control.

4.2 You must not rely solely on Eyrie to know where a person is or whether they are safe. The Service is one tool among many. This clause is subject to clause 1.4 and the consumer guarantees under the ACL.

5. Eligibility and accounts

5.1 You must be at least 18 years old and an adult with legal capacity to enter into a contract to create an Account. By creating an Account you confirm that you are.

5.2 The Account is used to manage the Family, subscription and payment. Account creation, subscription and payment are handled on our website; the mobile apps are used to sign in, pair a device, share or receive location, and receive notifications.

5.3 You are responsible for the security of your Account, including keeping your credentials confidential and for all activity that occurs under your Account. Notify us promptly at support@eyrie.au if you suspect any unauthorised use.

5.4 You must provide accurate information and keep it up to date. You must not create an Account using another person's identity or without authority.

6. Adding a Child — consent is the parent's, and so is the conversation

6.1 Eyrie is designed for parents and legal guardians to share the location of the Children in their care. This is a serious responsibility, and you must have the legal right to do it.

6.2 A child cannot give legal consent to having their location shared, so Eyrie does not ask a Child to. The parent or legal guardian who adds a Child, pairs a Child Device or turns on location sharing gives that consent on the Child's behalf. By doing so, you represent and warrant that:

(a) you are the Child's parent or legal guardian, or you have the written authority of a person with parental responsibility for the Child, to add the Child and to collect and share their location and information through the Service; and

(b) you have not been prevented by any court order, intervention order or other legal restriction from doing so.

6.3 You are responsible for telling the Child. Before a Child Device starts sharing, you must tell the Child, in a way suited to their age, that their location and the other information described in our Privacy Policy will be shared with the Family through Eyrie, who can see it, and why. You must keep the Child informed if that changes.

6.4 Eyrie is for Children, not adults. You must not add a person aged 18 or over as a Child. You must not use Eyrie to track, monitor or locate any adult (such as a partner, ex-partner, family member, employee or other adult). Doing so may be a criminal offence (including under stalking, surveillance-devices and family-violence laws) and is a serious breach of these Terms and of our Acceptable Use Policy. We take an active anti-stalkerware stance and will act on breaches (see clause 18).

6.5 Transparency to the Child. Eyrie is built to be visible to the Child, not hidden from them. A Child can see, in the app, what the Family can and cannot see about them, recorded in a versioned "transparency contract" that the Child can read and acknowledge. The Child's acknowledgement helps the Child understand what is shared; it is not the legal consent, which is yours (clause 6.2). You must not attempt to defeat, disable or circumvent this transparency (for example by concealing the app). Attempting to do so breaches these Terms.

6.6 You are responsible for how you use the information Eyrie shows you and for your interactions with the Children and other members of your Family.

7. Guardians, Trusted Contacts and family roles

7.1 You may invite Guardians (for example a co-parent or grandparent) to help manage the Family. You choose each Guardian's role, which decides what they can see — for example, only a co-parent can see a Child's medical information, and some roles see location only. You are responsible for whom you invite and for the access you grant them.

7.2 You may add Trusted Contacts (for example a neighbour or coach). A Trusted Contact does not need an Account and never receives a Child's location or medical information. On plans that include SOS escalation, if a Child's SOS is not answered by the Family, Eyrie sends each Trusted Contact a text message saying that the Child needs help, and may email a Trusted Contact who has an email address on file a short summary of the alert. You must have the consent of any person you add as a Trusted Contact to give us their name and contact details and for us to contact them this way.

8. Acceptable use

8.1 You must use the Service only lawfully and in accordance with these Terms and our Acceptable Use Policy, which is incorporated by reference. Without limiting that policy, you must not:

(a) use the Service to stalk, harass, intimidate, abuse or unlawfully surveil any person;

(b) use the Service in breach of any law, including privacy, surveillance- devices, stalking, telecommunications and family-violence laws;

(c) interfere with, disrupt, overload, probe or attempt to gain unauthorised access to the Service, the API, our systems or other users' accounts or data;

(d) scrape, harvest, or use automated means to access the Service or the API other than as we expressly permit;

(e) reverse engineer, decompile or attempt to extract source code, except to the extent this restriction is prohibited by law;

(f) resell, sublicense or commercially exploit the Service without our written agreement; or

(g) upload malware, or submit Content that is unlawful, defamatory, obscene, or infringes another person's rights.

8.2 We may investigate suspected breaches and cooperate with law enforcement in accordance with our Law Enforcement Guidelines.

9. Content and messages

9.1 You retain ownership of the Content you submit. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit and display that Content solely to operate, secure, support and improve the Service for you and your Family, and as described in our Privacy Policy.

9.2 You are responsible for your Content and confirm you have the rights to submit it. You must not submit Content that breaches clause 8 or our Moderation Process.

9.3 Messages in Eyrie are text only. They are short text messages (up to 1,000 characters) between a Child and their parents or Guardians — in a shared family conversation or a private conversation with one Guardian. They cannot carry photos, voice, video or files. Eyrie is not a general messaging platform and does not see the content of a Child's other messages, photos, calls, browsing or apps (see What Eyrie Does). We may moderate Content (such as place names, profile names, messages and support messages) in accordance with our Moderation Process, and act on it where it breaches these Terms or the law.

10. Subscriptions, pricing and billing

10.1 Plans and prices. Eyrie offers a free plan, Eyrie Watch, and paid plans with more capacity and features. The current plans, what each includes, and their prices are shown on our Pricing page. Prices may change (see clause 10.7). The price that applies to you is the one shown to you when you subscribe or, for a renewal, the price we have told you about before the renewal.

10.2 Where you subscribe, and who takes payment. Paid plans are sold only on our website and are billed through our payment provider, Stripe. Eyrie does not sell subscriptions through the Apple App Store or Google Play. By subscribing, you authorise us and Stripe to charge your chosen payment method the price of your plan. We do not store your full card number; card details are handled by Stripe. Your use of Stripe is also subject to Stripe's terms and privacy policy.

10.3 No free trial. Paid plans do not come with a free trial. Your first payment is taken when you subscribe, and your paid plan starts only once that payment succeeds. If your first payment is declined, the paid plan does not start and you stay on Eyrie Watch.

10.4 Automatic renewal. A paid plan renews automatically at the end of each billing period (monthly or yearly, as you chose) until you cancel. By subscribing you agree to these recurring charges. We try to charge the renewal one day before your current period ends and, if that attempt fails, once more on the day it ends. We email you after each attempt to tell you whether it worked.

10.5 If a renewal payment fails — there is no grace period. If both renewal attempts fail, your paid features end at the end of the last day of your current period, and at midnight (Sydney time) your Family moves to the free plan, Eyrie Watch. We do not delete your data because a payment failed, but Eyrie Watch's limits then apply (clause 11). You can subscribe again at any time.

10.6 Changing plan. You can move to a different plan at any time from your account on our website. A change takes effect straight away: your current plan ends and the new one begins.

(a) We credit the unused part of the period you actually paid for, worked out by time, against the new plan. If the credit is less than the new plan's price, you pay the difference now. If it is more, the new plan starts without a charge until the credit is used up.

(b) If your payment is overdue, there is no credit, and the new plan is charged in full.

(c) If you move to Eyrie Watch, any credit stays on your account and comes off your next paid plan. It is not paid out to you.

(d) If a payment that a credit was worked out from is later refunded or reversed, the credit is reduced by that amount.

We show you what you will pay, and any credit, before you confirm a change.

10.7 Price changes. We may change plan prices and features. For an existing paid Subscription, we will give you reasonable advance notice by email of any price increase before it takes effect, and the change will apply from your next billing period after the notice. If you do not accept the change, you may cancel before it takes effect (clause 10.9).

10.8 Refunds and your ACL rights.

(a) Nothing in this clause limits your rights under the ACL. You are entitled to the consumer guarantees under the ACL, which cannot be excluded. If the Service is faulty or not as described — for example, if there is a major failure — you may be entitled to a refund, replacement or other remedy under the ACL.

(b) Apart from your rights under the ACL, we do not give refunds for a billing period that has started, including when you cancel (clause 10.9), change plan (clause 10.6) or delete your Account (clause 10.10).

(c) Administration fee. We may charge a reasonable administration fee when we process a refund or an account credit that the ACL does not require us to give. We will tell you the amount before we process it. We will never charge a fee that reduces a refund or remedy you are entitled to under the ACL.

10.9 Cancellation. You may cancel a paid Subscription at any time from your account on our website. Cancellation takes effect at the end of the period you have paid for; you keep paid features until then, after which your Family moves to Eyrie Watch. Cancelling does not delete your Account or data — see Data Deletion for that.

10.10 Deleting your Account. Deleting your Account cancels any paid plan straight away. There is no automatic refund for the unused part of the period (clause 10.8).

10.11 Prices and tax. Prices are in Australian dollars and are the full amount you pay; nothing is added on top at checkout. You are responsible for any other taxes that apply to your use of the Service.

11. Entitlements and plan limits

11.1 Features and capacity available to your Account depend on your current plan. If you downgrade or your Subscription ends, features and capacity that exceed the free plan may become unavailable, and data beyond the free plan's retention window may be deleted in the ordinary course (see the Privacy Policy on retention). We will not delete data solely to penalise you.

12. Third-party services

12.1 The Service relies on third parties, including: Stripe (payments); Apple Push Notification service and Google Firebase Cloud Messaging (push notifications); Google Maps Platform (maps, geocoding and place search); and our cloud hosting, email and text-message providers. Your use of the Service may be subject to those providers' terms, and we are not responsible for their acts or omissions. Maps and place data are provided by third parties and may be inaccurate or incomplete.

13. Intellectual property

13.1 The Service, including its software, design, text, graphics, logos and the "Eyrie" name and marks, is owned by us or our licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non- transferable, revocable licence to use the Service for your and your Family's personal, non-commercial use in accordance with these Terms. All rights not expressly granted are reserved.

13.2 You must not use our name, logos or marks without our prior written permission, except as allowed by law.

13.3 If you give us feedback or suggestions, you grant us a perpetual, royalty- free licence to use them without obligation to you.

14. Privacy

14.1 Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. Because the Service handles children's personal information, precise location and simple medical information, you should read it carefully. By using the Service you acknowledge that we collect, use and disclose personal information as described there.

15. Consumer guarantees, disclaimers and limitation of liability

Please read this clause carefully. It limits our liability, but only to the extent the law allows.

15.1 Consumer guarantees (ACL). Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. Nothing in these Terms excludes, restricts or modifies these rights.

15.2 Disclaimers (subject to clause 15.1). To the maximum extent permitted by law, and other than the guarantees and rights that cannot be excluded, the Service is provided "as is" and "as available", and we do not warrant that it will be uninterrupted, error-free, secure, or that location, alerts or notifications will be accurate, timely or delivered. As set out in clauses 3 and 4, Eyrie is a safety aid, not an emergency service, and must not be relied on as the sole means of ensuring any person's safety.

15.3 Limitation of liability (subject to clause 15.1). To the maximum extent permitted by law, and other than in respect of rights and guarantees that cannot be excluded:

(a) we are not liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, data, goodwill or anticipated savings, arising out of or in connection with the Service; and

(b) our total aggregate liability to you arising out of or in connection with the Service and these Terms is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied; and where that limitation is not permitted, our total aggregate liability is limited to the amount you paid us for the Service in the twelve (12) months before the event giving rise to the liability.

15.4 Nothing in this clause limits liability that cannot be limited by law, including liability for death or personal injury caused by our negligence, for fraud, or under the non-excludable consumer guarantees.

15.5 You are responsible for your own acts and omissions in using the Service, including your decisions about your Family's safety and your compliance with your consent obligations in clause 6.

16. Indemnity

16.1 To the extent permitted by law, you agree to indemnify us against claims, liabilities, losses, costs and expenses (including reasonable legal costs) that arise out of or in connection with: (a) your breach of these Terms or the Acceptable Use Policy; (b) your use of the Service to monitor a person without the legal right or consent to do so; or (c) your infringement of any law or any third party's rights. This clause does not apply to the extent a loss is caused by our breach, negligence or wilful misconduct, and is subject to any rights you have under the ACL.

17. Changes to the Service

17.1 We may add, change, suspend or discontinue features of the Service. Where a change materially reduces a paid feature you rely on, we will give reasonable notice and, where required, offer you a remedy consistent with the ACL.

18. Suspension and termination

18.1 You may stop using the Service at any time, cancel your Subscription (clause 10.9), and delete your Account and data (see Data Deletion).

18.2 We may suspend or terminate your access, in whole or in part, if: (a) you materially breach these Terms or the Acceptable Use Policy (including any misuse of the Service to surveil a person unlawfully); (b) we are required to by law; or (c) it is necessary to protect the Service, other users or any person's safety. Where practicable and lawful, we will give you notice and an opportunity to remedy a breach that can be remedied.

18.3 On termination, your right to use the Service ends. Clauses that by their nature should survive (including clauses 9.1, 13, 15, 16, 19 and 20) survive termination. We handle your data after termination as described in the Privacy Policy and Data Deletion.

19. Governing law, jurisdiction and disputes

19.1 These Terms are governed by the laws of Victoria, Australia and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.

19.2 Disputes. If you have a concern, please contact us first at support@eyrie.au so we can try to resolve it. We will work with you in good faith. Nothing in this clause prevents either party from seeking urgent relief, or from exercising rights under the ACL or complaining to a regulator (including the Office of the Australian Information Commissioner about privacy). You may also have access to external dispute resolution or consumer-affairs bodies in your State or Territory.

20. General

20.1 Entire agreement. These Terms and the policies they incorporate are the entire agreement between you and us about the Service.

20.2 Severance. If any provision is unenforceable, it is severed and the rest continues.

20.3 No waiver. A failure to enforce a provision is not a waiver of it.

20.4 Assignment. You may not assign these Terms without our consent. We may assign them in connection with a sale or transfer of the Eyrie business, subject to your rights under the Privacy Policy.

20.5 Force majeure. We are not liable for failure or delay caused by events beyond our reasonable control.

20.6 Notices. We may give you notices by email to the address on your Account, in the app, or by posting on the website. You may give us a notice under these Terms by emailing legal@eyrie.au.

20.7 Changes to these Terms. We may update these Terms. For material changes we will give reasonable notice (by email or in-app) before they take effect. Your continued use after the effective date of the change means you accept it; if you do not accept it, you should stop using the Service and may cancel.

21. How to contact us

• General and support: support@eyrie.au
• Privacy: privacy@eyrie.au
• Legal notices and law-enforcement requests: legal@eyrie.au
• Website: https://eyrie.au