Terms of Service

Please read these Terms carefully. They form a binding agreement between you and GRAFSIM PTY LTD trading as Murmurly about your use of Murmurly on iOS, Android and the web.

These Terms apply when you access or use the Murmurly applications, website, Coach, personalised AI-generated reflection summaries based on your journal history (session summaries and Murmurly insights), shared spaces and related services (Service).

The Service is provided by GRAFSIM PTY LTD trading as Murmurly (Murmurly, we, us or our). Our registered details are set out at the end of these Terms.

By creating a user account (Account), selecting the in-app acceptance control or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Our Privacy Policy explains how we handle personal information and forms part of these Terms. A separate, unbundled consent applies before journal or Coach content is processed as sensitive information. Other feature notices may apply to particular processing.

You must be at least 16 years old to create or use an Account. By creating an Account, you confirm that you are at least 16 and have legal capacity to agree to these Terms.

The Service is currently available only in Australia. We may prevent Account creation or sign-in from outside Australia during this launch phase.

You must provide accurate information, keep your login details secure and tell us promptly if you believe your Account has been accessed without permission. You are responsible for activity through your Account except to the extent it results from our breach, negligence or failure to provide reasonable security.

You may not sell, share or transfer your Account. You may only use one Account unless we agree otherwise.

Journalling and reflection

The Service allows you to maintain a private journal, participate in shared spaces (shown in the applications as circles), interact with Coach and receive AI-generated reflection features, including a personalised session summary or Murmurly insight based on your journal history.

The Service is intended to support personal journalling, reflection and general wellbeing. It is not designed or represented as a clinical record, regulated health record or substitute for professional care.

Changes and availability

We may maintain, update or change the Service from time to time. We will give reasonable notice of a material change that substantially reduces a paid feature, where practicable and required by law.

The Service may occasionally be unavailable because of maintenance, faults, third-party systems or events beyond our reasonable control. We do not promise uninterrupted or error-free availability.

Coach and each session summary or Murmurly insight are generated using artificial intelligence (AI Features). AI Features may analyse relevant content from your journal history and conversations to generate responses or summaries requested by you.

Coach has been designed for reflective conversation and general wellbeing, but it is not accredited and does not provide therapy, counselling, medical advice, mental-health care, diagnosis, treatment or emergency assistance.

AI output can be incomplete, inaccurate, inappropriate, repetitive or misleading. You must use your own judgment and must not rely on AI Features for medical, mental-health, legal, financial, safety-critical or other professional decisions.

You are interacting with software, not a human. AI Features do not form a professional, therapeutic, fiduciary or practitioner-client relationship and do not create professional privilege.

The Claude model used by Coach is currently made available through Amazon Web Services Bedrock service in Australian regions. Further details of AI processing and our current service providers are in the Privacy Policy and sub-processor list.

Coach is clearly identified as an AI system through a persistent control on Coach screens. The disclosure identifies the provider and processing location, opens automatically at the start of a session and thereafter no more than once in a 24-hour period, and is a transparency notice rather than a request for consent.

We do not use your journal or Coach content to train general-purpose AI models, for advertising or for third-party analytics. If this practice changes, we will update our notices and obtain consent where required by law.

Murmurly is not monitored as a crisis service. Our personnel do not routinely read journal entries or conversations, and no person monitors your activity in real time.

Coach is instructed to respond with crisis resources if a conversation raises self-harm or suicide and to remain in the conversation without screening, diagnosis or risk assessment. A separate automated check reads AI-generated session-summary text, not your original words, only to decide whether to display a hotline banner. These features are informational only and do not promise detection, monitoring, human review or intervention.

The Service may fail to identify crisis language, may identify it incorrectly, and cannot determine your location or circumstances reliably. We do not promise to contact you, another person, emergency services or law enforcement, and we cannot dispatch assistance.

If you or another person may be in immediate danger, do not wait for a response from Coach. Contact your local emergency number, a crisis line or an appropriately qualified professional.

We may access or disclose existing information where we are required or permitted to do so by applicable law, valid legal process or a reasonable belief that limited disclosure is necessary to lessen or prevent a serious threat to life, health or safety. This does not create a duty to proactively monitor content, a promise that we will identify or act on particular content, or an ability to recover content after its encryption key has been destroyed.

Private journal

Your private journal is available through your Account and is not intentionally shared with other users unless you choose to copy, export or share it. It remains subject to the technical access and legal-disclosure limitations described in these Terms and the Privacy Policy.

Shared spaces

A shared space allows invited participants to journal together and interact with Coach. Content contributed to a shared space is shared content and may be read by the other participants and processed by Coach.

A shared-space creator or owner may administer membership and invitations, but does not obtain ownership of another participant's content merely because they created or administer the space.

Before contributing, you must consider whether you are comfortable sharing the content with every current participant. Do not add another person's sensitive information unless you have a lawful basis and any consent needed to do so.

You may leave a shared space at any time. Leaving removes your ongoing access but does not retract content already seen or separately retained by another participant. When the final participant leaves, the shared space, its content and its encryption key are deleted.

We are not responsible for a participant's independent use or disclosure of shared content, except to the extent caused by our breach of these Terms, negligence or failure to comply with law. You may report suspected misuse to support@murmurly.app.

As between you and us, you retain all rights you have in journal entries, messages and other content you submit to the Service (User Content). We do not claim ownership of User Content.

You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, encrypt, back up, reproduce, process and display User Content only to operate, secure and provide the Service to you and, for shared-space content, the other participants. This licence includes processing needed to generate Coach responses and session summaries and Murmurly insights you request.

The licence ends when the relevant User Content is deleted, except for limited processing needed to complete deletion from backups, comply with law, establish or defend legal claims, or preserve another participant's independent copy.

You are responsible for User Content you submit and must have the rights and permissions needed to submit and share it. Your User Content must not infringe another person's rights or be unlawful.

We collect and process information to provide, secure and administer the Service, process payments, communicate with you and comply with law, as described in the Privacy Policy. We do not use third-party analytics providers. Our infrastructure providers may generate limited operational and security logs needed to run and protect the Service.

Journal and Coach content may contain sensitive information. Where required, the Service asks for your express consent before processing that information. You may withdraw consent, but some features may then become unavailable.

We encrypt User Content in transit and on our servers. Individual accounts and shared spaces use separate encryption-key arrangements. Encryption materially reduces risk but no security method is infallible.

Our systems retain administrative and key-management capabilities that may technically allow authorised access in limited circumstances, including security investigation, support, legal compliance and recovery. We restrict and log such access. You should not understand our encryption statements as meaning that access by us is technically impossible.

Encrypted journal data and AI inference are currently hosted in Australia. Some providers process limited categories through overseas infrastructure, including payment, transactional and authentication email, website-edge and push-notification data. Current provider, data and location details are in our published sub-processor list.

Message previews are off by default and controlled per device. If you enable them, up to 120 characters of another participant's latest message may pass through Apple, Google and Expo. Content generated by Coach, and the summaries and insights it produces, are never included in a notification preview.

The optional add-from-contacts feature uses the operating system's contact picker. We do not read your address book in bulk. Only an email address you expressly select leaves your device and is stored as an invitation record, and declining permission leaves manual email entry available.

We may change providers or processing locations as the Service expands. We will update the Privacy Policy or sub-processor list and implement safeguards required by applicable law before a material change.

You may use the Service's export function to obtain your data in an available portable format, subject to the rights and privacy of other people in shared spaces.

You may delete your Account through Settings. Account deletion removes associated identifying information and initiates deletion of User Content in accordance with our deletion design.

When you confirm Account deletion, we destroy the relevant encryption key as part of that request, making encrypted journal and Coach content unreadable immediately. Restoring a backup does not restore the destroyed key. Tombstoned rows are hard-deleted by a scheduled process within 30 days.

After Account deletion, we may retain tax records for at least five years and a Stripe customer object and related billing cross-reference for up to seven years for tax-audit purposes, together with limited consent, policy-version, fraud, security and deletion records for as long as reasonably required. We do not retain journal or Coach content under a separate crisis or safety key. A deletion receipt identifies what was erased, what was retained and why.

You must use the Service lawfully and with respect for other users. You must not:

• harass, threaten, abuse, exploit, groom, stalk, impersonate or defraud another person;
• submit or share content that is unlawful, infringes rights, depicts or facilitates child sexual abuse, promotes terrorism, or contains malicious code;
• use a shared space to disclose another person's confidential or sensitive information without lawful authority;
• attempt to gain unauthorised access to an Account, encryption key, system or data;
• scrape, reverse engineer, bypass security, overload or disrupt the Service, except to the extent applicable law permits that conduct despite this restriction;
• use the Service or AI Features to develop, train or benchmark a competing system without our written permission; or
• use the Service for an unlawful purpose or in a way likely to cause material harm to us, another user or the Service.

We may investigate reported misuse and may restrict or suspend access where reasonably necessary to protect users, comply with law or enforce these Terms. This does not mean that we routinely monitor private content.

Credits and purchases

Some AI Features require prepaid usage credits (Credits). The price, number of Credits and any applicable taxes are shown before purchase. Credits fund AI processing costs and are deducted when you use a chargeable AI feature, at the rate shown in the Service.

Prices are denominated and charged in US dollars unless the purchase screen expressly states otherwise. Any local-currency amount is an estimate only, and your card issuer or payment provider may apply its own exchange rate or foreign-currency fee.

Credits do not expire. Credits are personal to your Account, are not transferable, cannot be gifted or resold, and cannot be exchanged for cash or other value.

Purchases through Apple App Store or Google Play are processed by the relevant store and are also subject to its payment and refund rules. Web purchases are currently processed by Stripe.

If you choose to save a card for web purchases, Stripe stores the payment method and you may remove it through the billing screen. Each further purchase requires your deliberate confirmation, and Stripe sends a receipt after each successful charge. We do not charge you on a schedule, at a Credit-balance threshold or without your deliberate action.

Except where required by applicable law or an app-store policy, purchases are final and we do not provide refunds for unused Credits, change of mind, Account deletion or failure to use the Service.

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

We and our licensors own the Service, software, design, branding, documentation, prompts and other materials we provide, excluding User Content. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for its intended consumer purpose while your Account remains active and you comply with these Terms.

AI-generated output may not be unique and similar output may be generated for other users. To the extent we have rights in output generated specifically for you, we grant you a worldwide, non-exclusive, royalty-free licence to use that output for personal purposes, subject to law and third-party rights.

Murmurly names, logos and trade marks may not be used without our written permission, except as permitted by law.

The Service relies on third-party infrastructure, AI, authentication, push-notification, payment and email providers. Their availability and acts may affect the Service. Our current sub-processors and their roles are published at /legal/subprocessors.

If you download the Service from an app store, you must also comply with that store's applicable terms. The store is not responsible for providing the Service or support except to the extent its terms expressly say otherwise.

You may stop using the Service, leave a shared space or delete your Account at any time.

We may suspend or terminate access if you materially breach these Terms, create a material security or safety risk, use the Service unlawfully, or if suspension is reasonably required by a regulator, court, app store or service provider. Where appropriate and lawful, we will give notice and a reasonable opportunity to remedy the breach.

We may discontinue the Service on reasonable notice where practicable. Any treatment of unused Credits will remain subject to non-excludable consumer rights and applicable app-store rules.

On termination, your licence to use the Service ends. Provisions concerning User Content, privacy, payment records, intellectual property, liability, disputes and any provision intended by its nature to survive will continue to apply.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, including under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.

Subject to those non-excludable rights, the Service and AI Features are provided on an as is and as available basis. We do not warrant that the Service will be uninterrupted, error-free, completely secure or suitable for a particular purpose, or that any AI output will be accurate, appropriate or achieve a particular wellness outcome.

You remain responsible for seeking appropriately qualified professional advice and for decisions or actions you take based on User Content, shared-space content, Coach responses or session summaries and Murmurly insights.

Non-excludable liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, wilful misconduct, death or personal injury caused by negligence, or your rights under applicable consumer law.

Limitation of liability

To the maximum extent permitted by law, our aggregate liability arising out of or in connection with the Service or these Terms is limited to the greater of the amount you paid for Credits during the 12 months immediately before the event giving rise to the claim and AU$100.

Where a consumer guarantee applies and our liability may lawfully be limited, our liability is limited, at our option, to supplying the relevant services again or paying the reasonable cost of having them supplied again.

Consequential loss

To the maximum extent permitted by law, neither party is liable to the other for indirect, special or consequential loss, loss of profit, loss of opportunity or loss of data that was not reasonably foreseeable when these Terms were accepted. This exclusion does not apply to liability that cannot lawfully be excluded.

Your breach

You are responsible for direct loss we reasonably incur because of your unlawful use of the Service or material breach of these Terms. You are not responsible to the extent the loss was caused or contributed to by our breach, negligence or failure to mitigate.

If you have a complaint, contact support@murmurly.app with enough information for us to understand and investigate it. Privacy complaints may be sent to privacy@murmurly.app.

Before starting court proceedings, each party must use reasonable efforts to resolve the dispute in good faith, except where urgent injunctive or interlocutory relief is needed or a consumer is entitled to proceed directly under applicable law.

You may also have rights to complain to the Office of the Australian Information Commissioner, the Australian Competition and Consumer Commission, a State or Territory consumer agency, an app store or another regulator.

We may update these Terms to reflect changes to the Service, law, security practices or our business. We will notify you in the Service or by email of a material change before it takes effect and, where required by law, ask you to accept the updated Terms.

If you do not agree to a material change, you may stop using the Service and delete your Account. Changes will not retrospectively reduce rights in Credits already purchased, except where reasonably necessary to comply with law or prevent fraud or abuse.

Governing law

These Terms are governed by the laws of Queensland, Australia, Australia. You and we submit to the courts of Queensland, Australia and courts entitled to hear appeals from them. This does not remove any mandatory right you have to bring a claim in another jurisdiction or any consumer protection that cannot be excluded.

Assignment

You may not transfer your Account or rights under these Terms without our consent. We may transfer these Terms as part of a genuine restructure, financing or sale of our business if the transfer does not materially reduce your rights. We will notify you where required by law.

Severance and waiver

If a provision is unenforceable, it is to be read down to the minimum extent necessary or severed, and the remaining provisions continue. A failure or delay in enforcing a right is not a waiver.

Entire agreement

These Terms, the Privacy Policy and any additional terms expressly presented for a feature or purchase form the entire agreement between you and us about the Service. A specific feature notice prevails only to the extent it expressly says so.

Notices

We may send notices to the email address linked to your Account or display them in the Service. You may contact us at support@murmurly.app or at 704/458 Brunswick Street, Fortitude Valley, QLD, 4006.

This clause applies if you obtain or use the iOS version of the Service from Apple's App Store. If it conflicts with another provision of these Terms, this clause prevails to the extent required by Apple's minimum terms.

Agreement with Murmurly

These Terms are between you and Murmurly, not Apple. Murmurly, not Apple, is solely responsible for the iOS application and its content. These Terms must not conflict with the Apple Media Services Terms and Conditions as at the date you accept them.

Scope of licence

The licence for the iOS application is a non-transferable licence to use it on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including permitted use through Family Sharing or volume purchasing.

Maintenance and support

Murmurly is solely responsible for maintenance and support for the iOS application as specified in these Terms or required by law. Apple has no obligation to provide maintenance or support.

Warranty

Murmurly is solely responsible for warranties relating to the iOS application to the extent they are not effectively excluded. If the iOS application fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price, if any, for the iOS application. To the maximum extent permitted by law, Apple has no other warranty obligation, and Murmurly is responsible for other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty.

Product claims

Murmurly, not Apple, is responsible for addressing claims by you or a third party relating to the iOS application or your possession or use of it, including product-liability claims, claims that it fails to comply with legal or regulatory requirements, and claims under consumer-protection, privacy or similar laws.

Intellectual property claims

If a third party claims that the iOS application or your possession and use of it infringes that party's intellectual property rights, Murmurly, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.

United States legal compliance

You represent and warrant that you are not located in a region that is subject to a United States Government embargo, or that has been designated by the United States Government as a terrorist supporting region, and that you are not listed on any United States Government list of prohibited or restricted parties.

Developer contact

Questions, complaints or claims about the iOS application may be directed to GRAFSIM PTY LTD trading as Murmurly, 704/458 Brunswick Street, Fortitude Valley, QLD, 4006, telephone +61 455 560 029, or support@murmurly.app.

Third-party terms

You must comply with applicable third-party terms when using the iOS application, including your wireless-data-service agreement.

Apple as third-party beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms. When you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce this clause against you as a third-party beneficiary.

In these Terms, unless the context requires otherwise:

• Account means the account you create to access the Service.
• AI Features means Coach, session summaries, Murmurly insights and any other feature that generates or analyses content using artificial intelligence.
• Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• Coachmeans Murmurly's AI-assisted reflection feature.
• Credits means prepaid units purchased for use of chargeable AI Features.
• Privacy Policy means the privacy policy published at /legal/privacy, as updated from time to time.
• Service means the Murmurly iOS application, Android application, website, private journal, shared spaces, AI Features and related services.
• Shared Space means a space in which two or more users can contribute journal content and interact with Coach together, shown in the applications as a circle.
• Terms means these Murmurly Terms of Service.
• User Content means journal entries, messages and other content submitted by a user to the Service.