Website Terms and Conditions

These terms and conditions (Terms) apply when you access or use https://murmurly.app and its public pages (Website).

The Website is operated by GRAFSIM PTY LTD (ABN 59699800827) trading as Murmurly (Murmurly, we, us or our). By using the Website, you agree to these Terms. If you do not agree, you must stop using the Website.

You must be at least 16 years old to create or use a Murmurly account. General browsing of public Website content does not create an account or make the Website a healthcare service.

Murmurly account creation, sign-in and application services are available only to users in Australia during the current launch phase. We may use an approximate country derived from a network address to enforce this restriction. Public Website pages may remain available elsewhere.

The Website provides general information about Murmurly, including its journalling, shared-space and AI-assisted reflection features, pricing, privacy practices and legal documents.

Public Website information is general only and may not be complete, current or suitable for your circumstances. Product functionality is governed by the Terms of Service available on the Website.

The Coach is not accredited. AI-generated content may be inaccurate, incomplete or inappropriate. You should not rely on Website content or AI descriptions to make medical, safety, legal, financial or other professional decisions.

You may access and use the Website only for lawful personal or informational purposes and in accordance with these Terms.

You must not:

• copy, reproduce, scrape, mirror, adapt, modify, translate, sell, decompile or reverse engineer the Website except as permitted by law or with our written consent;
• use the Website for unlawful, fraudulent, abusive, harmful or misleading activity;
• interfere with the Website, its hosting or networks, or impose an unreasonable load;
• introduce malware, probe or test vulnerabilities without written authorisation, bypass access controls or attempt unauthorised access;
• use automated tools to extract content or data, except ordinary search-engine indexing or as expressly authorised by us; or
• misrepresent an affiliation with Murmurly or use the Website in a way reasonably likely to damage another person or our reputation.

We may change, suspend or discontinue any public Website content or functionality. The Website may experience errors, interruptions, delays or security incidents, and we do not guarantee uninterrupted or error-free availability.

We may update these Terms by publishing a revised version. The updated Terms apply from publication or any later date stated in them.

We or our licensors own the Website and its content, including text, software, design, graphics, logos, images, recordings and trade marks (Website Content). Nothing in these Terms transfers those rights to you.

We grant you a limited, revocable, non-exclusive and non-transferable licence to view Website Content for personal or internal informational use. You must not otherwise reproduce, distribute, publish, commercialise or create derivative works without our written consent or a legal right to do so.

The Website may link to app stores, payment services, social platforms, crisis resources or other third-party websites. Those services are operated independently and may have their own terms and privacy practices.

A link does not imply endorsement. To the extent permitted by law, we are not responsible for third-party content, availability, security or conduct.

Our collection and handling of personal information is described in our Privacy Policy.

Our use of cookies and similar technologies is described in our Cookie Policy. We do not currently use advertising or third-party analytics cookies.

You should use appropriate security measures when accessing the Website. We do not warrant that the Website is free from malicious code or other harmful components.

If you identify a security issue, misuse, inaccurate information or difficulty accessing the Website, contact support@murmurly.app. Do not publicly disclose a vulnerability before giving us a reasonable opportunity to investigate.

Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.

Subject to the paragraph above, the Website and Website Content are provided on an as available basis. To the maximum extent permitted by law, we exclude implied warranties and are not liable for loss arising from reliance on general Website content, third-party links, interruption, unauthorised access or events beyond our reasonable control.

Where our liability cannot be excluded but may be limited, it is limited to the maximum extent permitted by law. This clause does not limit liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited.

Governing law. These Terms are governed by the laws of Queensland, Australia, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts entitled to hear appeals from them.

Severance. If a provision is wholly or partly invalid or unenforceable, it is severed to the extent necessary without affecting the remaining provisions.

Waiver. A waiver is effective only if given in writing. A delay or failure to exercise a right does not waive that right.

Contact. Questions about these Terms may be sent to support@murmurly.app or GRAFSIM PTY LTD, 704/458 Brunswick Street, Fortitude Valley, QLD, 4006.