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Terms and Conditions

Last Updated: January 1, 2025

Introduction

Welcome to Gestalts. These Terms and Conditions ("Terms," "Agreement") govern your use of the Gestalts mobile application ("App," "Service," or "Gestalts") and constitute a legally binding agreement between you ("User," "You," "Your") and TLG Digital Solutions Pty Ltd ("TLG Digital," "Company," "We," "Us," "Our").

Please read these Terms carefully before using the App. By creating an account, downloading, or using Gestalts, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. About Gestalts

1.1 Our Purpose

Gestalts is a mobile application designed to support parents and caregivers of children who are Gestalt Language Processors (GLP). We provide:

  • AI-supported educational GLP guidance and reflection prompts
  • Memory tracking tools (journals, milestones, gestalts, appointment notes)
  • Custom storybook creation for learning
  • Parent-controlled report generation for speech pathologist and allied health practitioner appointments
  • Parent-controlled Support Circle collaboration for practical strategies, observations, and updates shared with invited practitioners, teachers, educators, and support people

1.2 What We Are NOT

Important Disclaimers:

Gestalts is NOT:

  • A medical device or diagnostic tool
  • A replacement for professional speech therapy or medical care
  • A substitute for licensed speech-language pathologists (SLPs), occupational therapists, or other health professionals
  • A provider of medical, psychological, or therapeutic advice
  • A health record, clinical record, treatment plan, care plan, clinical handover system, or secure health messaging service
  • An emergency response service

Gestalts is a supportive tool designed to complement, not replace, professional guidance.

1.3 Who We Are

We are parents of Olivia, a Gestalt Language Processor. We built this App from our lived experience to help families navigate the GLP journey between speech pathologist and allied health practitioner appointments. We are not medical professionals—we're parents who've been there.

2. Eligibility and Account Requirements

2.1 Age Requirements

To create an account, you must:

  • Be at least 18 years of age
  • Be a parent, legal guardian, or caregiver with authority to manage a child's information
  • Have legal capacity to enter into this Agreement

Children Under 18:

  • Children cannot create their own accounts
  • Child profiles are managed by parent/guardian accounts
  • Parents are responsible for all activity under their account

2.2 Account Creation

When You Create an Account:

  • Provide accurate, complete, and current information
  • Maintain the security of your account credentials
  • Accept full responsibility for all activity under your account
  • Notify us immediately of unauthorized access or security breaches

We Reserve the Right to:

  • Refuse account creation or terminate accounts at our discretion
  • Require verification of identity or parental status
  • Suspend accounts engaged in prohibited activities (see Section 6)

2.3 Account Responsibility

You Are Responsible For:

  • All content created, uploaded, or shared through your account
  • Ensuring your child's privacy and safety when using the App
  • Maintaining device security (passcode, biometric locks)
  • Supervising any child interactions with the App

3. User Content and Intellectual Property

3.1 Your Content

"User Content" includes all data you input, upload, or generate through the App:

  • Journal entries, milestones, gestalts, appointment notes
  • Text input to AI Companion
  • Voice recordings and transcriptions
  • Generated reports
  • Support Circle content, including shared observations, strategy/update notes, replies, invited recipient lists, and related notification metadata

You Retain Ownership of Your User Content

By Using the App, You Grant Us:

  • A limited, non-exclusive, royalty-free license to process, store, and display your User Content solely to provide the Service
  • Permission to use aggregated or de-identified information only where permitted by the Privacy Policy and applicable law; request-level identifier tokenisation alone is not anonymisation
  • The right to process User Content through third-party AI services (Gemini, Google Cloud Text-to-Speech) as described in the Privacy Policy

We Do NOT:

  • Claim ownership of your User Content
  • Sell or share your User Content with third parties for their purposes (beyond service provision)
  • Use child information for marketing without explicit consent

3.2 Support Circle Content

Support Circle lets a parent or authorised caregiver invite selected speech pathologists, allied health practitioners, teachers, educators, family members, carers, or support people to access limited child information and contribute practical observations, strategy updates, and replies.

Support Circle is parent-controlled communication, not clinical record keeping.

You agree that Support Circle must be used only for practical strategies, everyday observations, resource sharing, and coordination between people you have authorised. You must not use Support Circle for:

  • Urgent or emergency matters
  • Diagnosis, treatment decisions, medication information, or medical advice
  • Formal clinical records, health records, treatment plans, care plans, or clinical handovers
  • Information you are not authorised to share

Practitioners remain responsible for maintaining their own clinical records in their own systems. Gestalts may still process sensitive or health-adjacent child information when users enter it, and this processing is governed by these Terms and our Privacy Policy.

3.3 AI Privacy Boundary and User Images

Gestalts offers an optional photo-to-character feature in addition to description-based avatar creation. Before choosing a photo, you must accept the current photo-processing notice, confirm that you are the person shown, their parent or legal guardian, or have permission from every identifiable person, and confirm that Google Vertex AI may process the image. The source is re-encoded and sent in one authenticated request; Gestalts does not save the source photo to your account, but Google-side processing, logging, and retention remain governed by current provider terms and configuration. The generated character is saved only if you choose Save and may resemble the person shown. All general image-refinement, arbitrary URL/base64, and client image-reference inputs remain disabled.

Supported generative-AI text routes use Gestalts-managed service credentials rather than your personal consumer-AI account. Configured identifiers are replaced with random request-specific labels, and an additional sensitive-data inspection is applied before model egress and before any feature-approved label is restored in model text. These controls reduce direct identifiers but are pseudonymisation and data minimisation, not anonymisation. Free-text context may still identify someone, and audio reaches the approved speech-to-text processor before the resulting transcript can receive the text controls. Provider retention, logging, processing location, and model-training restrictions remain governed by current terms, configuration, and data-processing agreements.

3.4 AI-Generated Content

AI Companion Responses, Play Analysis, and Storybooks:

Content generated by AI (Gemini, Google Cloud Text-to-Speech) is based on:

  • Your input and prompts
  • Your child's profile information (name, GLP stage, interests)
  • Conversation history (for contextual AI responses)

Ownership:

  • AI-generated content created specifically for you (reports, storybook stories, coach responses) is considered your User Content
  • You may use, modify, and share AI-generated content as you wish
  • Any separate use of aggregated or de-identified AI interaction data must follow the Privacy Policy, applicable law, and approved data-governance controls

Quality and Accuracy:

  • AI-generated content is not guaranteed to be accurate, complete, or suitable for all situations
  • You are responsible for evaluating AI suggestions and using professional judgment
  • See Section 4.3 for AI-specific disclaimers

3.4 Our Intellectual Property

Gestalts Owns:

  • The App itself (code, design, structure, user interface)
  • The Gestalts name, logo, and branding
  • Algorithms and processes that power the App (excluding third-party AI models)
  • Educational content and templates we create

You May NOT:

  • Copy, modify, or reverse-engineer the App
  • Use our name, logo, or branding without written permission
  • Extract or scrape data from the App for commercial purposes
  • Resell, redistribute, or create derivative works from the App

Third-Party AI Models:

  • We do not own the Google Gemini or Google Cloud Text-to-Speech AI models
  • We access these services via API under their respective terms
  • These services have their own intellectual property rights

4. Use of the Service

4.1 Permitted Uses

You May Use Gestalts To:

  • Track your child's language development and milestones
  • Use AI-supported educational guidance and reflection prompts
  • Organize questions and notes for speech pathologist and allied health practitioner appointments
  • Create custom storybooks for learning concepts
  • Generate reports to share with speech pathologists, schools, allied health practitioners, or family (at your discretion)
  • Export your data for personal records

4.2 Subscription and Payment

Current tier limits are maintained in context/10_product/subscription-tiers.md and may change as features are validated and released. Public plan descriptions must match the in-app checkout and the current billing source of truth.

Free Tier ($0):

  • GLP Companion: limited monthly conversations
  • Storybook: one lifetime simple story
  • Avatars: limited lifetime creations
  • Voice Transcription: limited monthly minutes
  • Report Generation: not included
  • Portal access: included where available
  • No credit card required

Basic Tier ($19.99/month or $199.99/year):

  • GLP Companion: unlimited conversations within safety and fair-use limits
  • Storybook: limited monthly simple stories
  • Avatars: monthly creation allowance
  • Voice Transcription: higher monthly minutes
  • Report Generation: included
  • Portal AI assistant: included where available
  • Child profiles: up to the current Basic limit

Premium Tier ($69.99/month or $699.99/year):

  • GLP Companion: unlimited conversations within safety and fair-use limits
  • Storybook: higher monthly story allowance, including advanced mode where available
  • Avatars: higher monthly creation allowance
  • Voice Transcription: higher monthly minutes
  • Report Generation: included
  • Child profiles: unlimited where portal enforcement applies

Payment Terms:

  • Subscriptions auto-renew unless canceled at least 24 hours before the renewal date
  • Prices are displayed in AUD (or your local currency where the payment platform requires it)
  • Payments are currently processed through our web checkout (Stripe); if native in-app purchases are enabled in future, payments for those purchases will be processed through the Apple App Store or Google Play Store
  • Refunds are governed by our Refund Policy and, where purchased through an app store, that store's policies; nothing in this section limits your rights under the Australian Consumer Law
  • We reserve the right to change pricing with 30 days' notice to active subscribers

Cancellation:

  • Cancel anytime through your account billing settings (or App Store/Play Store subscription settings where you purchased there)
  • Access continues until end of current billing period
  • No partial refunds for unused subscription time, except where required by the Australian Consumer Law
  • Downgrade to Free Tier (data retained, features limited)

4.3 AI Features - Important Disclaimers

AI Companion (Language Mode and Parent Support):

Not Professional Advice:

  • AI Companion provides educational information and general strategies for GLP, not personalized medical, therapeutic, or clinical advice
  • AI responses are based on general GLP knowledge and your input—they are not tailored professional recommendations
  • Always consult licensed professionals (SLPs, therapists, doctors) for clinical decisions

Limitations:

  • AI can make mistakes, provide incomplete information, or misunderstand context
  • AI Companion is designed to suggest you consult qualified professionals for complex or clinical questions
  • AI cannot diagnose conditions, prescribe treatments, or replace human professional judgment

Parent Support Mode:

  • Provides emotional support and validation, not mental health therapy or crisis intervention
  • Not a substitute for counseling, therapy, or medical treatment
  • If you are experiencing a mental health crisis, contact emergency services or a crisis hotline (e.g., Lifeline 13 11 14 in Australia, 988 in the US)

Storybook:

  • Custom stories are educational tools, not therapeutic interventions
  • Review storybooks before sharing with your child to ensure appropriateness
  • Storybooks cannot replace behavioral therapy, social skills training, or professional guidance

Third-Party AI Models:

  • We access Google Gemini and Google Cloud Text-to-Speech via API—we do not own or control these models
  • AI behavior, accuracy, and availability are subject to third-party service performance
  • We are not liable for third-party AI errors, outages, or inappropriate responses
  • See Privacy Policy for how your data is processed by these services

Your Responsibility:

  • Evaluate all AI suggestions critically
  • Use professional judgment before implementing strategies
  • Consult qualified professionals when in doubt
  • Monitor AI interactions for safety and appropriateness

4.4 Content Moderation and Safety

Automated Safety Monitoring:

To ensure the safety and wellbeing of all users, especially children, we employ automated content moderation systems:

AI Content Analysis:

  • All interactions with AI Companion features (Language Mode, Parent Support) are analyzed for safety concerns
  • Storybook generation requests are reviewed for age-appropriate content
  • Audio transcriptions may be analyzed for concerning patterns
  • This monitoring is conducted using AI-powered safety detection systems (Google Vertex AI)

High-Risk Content Detection:

  • Content suggesting suicide ideation, self-harm, child abuse, exploitation, violence, or severe mental health crises triggers immediate review
  • When concerning content is detected, you will be provided with crisis support resources (e.g., Lifeline 13 11 14, Kids Helpline 1800 55 1800)
  • The AI may pause or redirect conversations to protective resources when safety risks are identified

Admin Review Process:

  • Flagged content is reviewed by our moderation team
  • Full conversation context may be accessed by authorized administrators for safety purposes
  • You may be contacted if your account exhibits concerning patterns or repeated safety violations

Data Retention for Safety:

Flagged content is retained for compliance, legal disclosure, and safety review purposes. How long depends on the outcome of the review:

  • Cleared or still under review: deleted 90 days after the content was flagged
  • Escalated: retained for 12 months, so we can conduct and evidence a thorough safety investigation
  • Linked to a mandatory report or a legal hold: retained until that obligation ends, which may be longer than the periods above

Because a safety record must remain available to the authorities it may concern, flagged content and the record of the moderation decision are retained even if the account is deleted, for up to two years. This is an exception to the deletion process described in Section 4.5, and it is limited to safety records.

Mandatory Reporting Obligations:

  • We comply with Australian mandatory reporting laws for child safety concerns
  • Under the following state legislation, we may be legally required to report suspected child abuse, neglect, or endangerment to relevant authorities:
  • Queensland: Child Protection Act 1999 (s13E — mandatory reporting by certain persons)
  • New South Wales: Children and Young Persons (Care and Protection) Act 1998 (s27)
  • Victoria: Children, Youth and Families Act 2005 (s182, s184)
  • Content entered into the app may be reviewed for child safety purposes by our automated monitoring systems and, where necessary, by authorised administrators
  • We may disclose flagged content to law enforcement or child protection services when legally required or when we believe disclosure is necessary to prevent serious harm to a child
  • For more details on our child safety approach, see our Child Safety Notice

User Notification:

  • We will notify you before disclosing your data to authorities, where legally permitted
  • In some cases (e.g., ongoing investigations, imminent danger), we may be prohibited from providing advance notice
  • You have the right to contest disclosures where legally permitted

No Bypassing Safety Systems:

  • You agree not to attempt to bypass, disable, or circumvent our content moderation systems
  • Attempts to evade safety monitoring may result in account suspension or termination

Your Consent: By using AI-powered features in the Service, you explicitly consent to this automated safety monitoring and the processes described above. This monitoring is conducted solely to protect users, especially vulnerable children, and to comply with legal obligations.

Crisis Resources: If you or someone you know needs immediate help:

  • Lifeline (Australia): 13 11 14 (24/7 crisis support and suicide prevention)
  • Kids Helpline (Australia): 1800 55 1800 (for young people aged 5-25)
  • Beyond Blue (Australia): 1300 22 4636 (anxiety, depression, suicide prevention)
  • Emergency Services (Australia): 000

4.5 Data Export and Portability

You Can Export:

  • All User Content (journals, milestones, gestalts, appointment notes) as PDF or CSV
  • Generated reports as PDF
  • Saved audio transcriptions

How to Export:

  • In-app export feature (Settings → Export Data)
  • Email info@gestalts.com.au for complete data export

Portability Rights:

  • You have the right to take your data with you (GDPR, Australian Privacy Principles)
  • Exported data is yours to use, store, or transfer to other services

4.6 Data Retention and Deletion

Retention Periods:

  • Active account data: Retained for the duration of your account
  • Deleted child profiles: Removed within 30 days of deletion request
  • Deleted accounts: All associated data removed within 30 days of account deletion
  • Safety-flagged content: Retained for 90 days if cleared or still under review, 12 months if escalated, and longer where a mandatory report or legal hold applies. Retained for up to two years even if the account is deleted (see Section 4.4)
  • Legal acceptance records: Retained indefinitely for compliance audit purposes
  • Analytics data: Approved aggregated or de-identified data may be retained under the documented retention schedule; identifier tokenisation alone does not qualify data as anonymous

How to Delete Your Data:

  • Child profiles: Delete via App settings (Profile → Delete Profile)
  • Full account deletion: Via App settings or by contacting info@gestalts.com.au
  • Specific data: Contact info@gestalts.com.au with your request

What Happens After Deletion:

  • Data is permanently removed from our active systems within 30 days
  • Backup copies may persist for up to 30 additional days before automatic purging
  • Approved aggregated or de-identified analytics data may be retained where it is not reasonably linkable to you and the Privacy Policy permits it

For full details on how we handle your data, see our Privacy Policy.

5. Third-Party Services and Integrations

5.1 AI Service Providers

We Use the Following Third-Party AI Services:

Google Gemini:

  • Purpose: Text-based AI Companion, report/story generation, text-to-image generation, and the optional photo-to-character feature
  • Your Data: Feature-required prompts, child context, and transcripts after applicable text minimisation; one consented source photo when you invoke photo-to-character
  • Terms: Subject to Google Cloud Platform Terms of Service
  • Privacy: See Privacy Policy Section 3.3 and Google's Privacy Policy

Google Cloud Text-to-Speech:

  • Purpose: Voice narration for storybooks and read-aloud features
  • Your Data: Story text for narration (no voice input is sent); processed in Australia (australia-southeast1)
  • Terms: Subject to Google Cloud Platform Terms of Service
  • Privacy: See Privacy Policy and Google's Privacy Policy

Important:

  • We do not own or control these AI models
  • We access them via API under their respective terms
  • Service availability and performance depend on third-party uptime
  • We are not responsible for third-party service failures, errors, or changes

5.2 Firebase (Google)

We Use Firebase For:

  • User authentication (email/password)
  • Cloud database (Firestore) for storing User Content
  • Cloud storage for generated images (avatars, storybooks)
  • Cloud functions for server-side processing

Data Location:

  • Primary Firestore records and production app file storage are configured in Sydney
  • Cloud Functions, Firebase Authentication, Hosting, diagnostics, analytics, AI providers, and other supporting services may process data in provider-managed, US, or global regions
  • See Privacy Policy for data transfer details

5.3 Third-Party Links

The App may contain links to external resources (e.g., GLP educational sites, speech pathologist directories):

  • We do not control external sites
  • External sites have their own terms and privacy policies
  • We are not responsible for external content or practices
  • Links do not constitute endorsements

6. Prohibited Activities

You May NOT:

Misuse the Service:

  • Use the App for illegal purposes or to violate any laws
  • Impersonate another person or provide false information
  • Share your account credentials with others (except authorized family members you supervise)
  • Use the App to harm, harass, or endanger children
  • Use the Service in ways that pose safety risks to yourself, your child, or others
  • Use Support Circle or messaging features for urgent, diagnostic, treatment, medication, formal clinical-record, or emergency-response purposes
  • Attempt to bypass, disable, or circumvent our content moderation and safety systems

Abuse Features:

  • Attempt to bypass subscription paywalls or access restrictions
  • Use AI features excessively to cause service disruption (rate limiting applies)
  • Upload malicious content (viruses, malware)
  • Reverse-engineer, decompile, or extract source code from the App

Infringe Intellectual Property:

  • Copy, modify, or redistribute the App or its content
  • Use our branding without permission
  • Violate third-party intellectual property rights through User Content

Data Misuse:

  • Scrape, mine, or extract data from the App for commercial purposes
  • Resell or redistribute AI-generated content as a competing service
  • Use the App to collect data on other users (there are no other users' data accessible to you)

Automated Access:

  • Use bots, scripts, or automated tools to access the App (beyond normal app functionality)

Consequences:

  • Violation may result in account suspension or termination
  • We may report illegal activity to law enforcement
  • You are liable for damages caused by your prohibited activities

7. Disclaimers and Limitation of Liability

7.1 "As-Is" Service

The App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

  • Accuracy: We do not guarantee AI-generated content is accurate, complete, or suitable for your situation
  • Availability: We do not guarantee uninterrupted, error-free, or secure access to the App
  • Fitness for Purpose: We do not guarantee the App will meet your specific needs or produce specific outcomes
  • Third-Party Services: We are not responsible for third-party AI service performance (Gemini, Google Cloud Text-to-Speech)

7.2 No Medical or Professional Advice - IMPORTANT ACKNOWLEDGEMENT

Gestalts is NOT a Medical or Therapeutic Service:

  • AI Companion responses are general educational information, not personalized medical, psychological, or therapeutic advice
  • Storybooks are educational tools, not therapeutic interventions
  • Decisions regarding your child's care, education, and development are yours, made in consultation with qualified professionals

YOU EXPRESSLY ACKNOWLEDGE THAT:

1. Gestalts does NOT provide medical, therapeutic, psychological, or clinical advice 2. AI Companion responses are general educational information only, and AI-generated content can be wrong 3. Gestalts is not a substitute for consultation with qualified professionals 4. Decisions regarding your child's care remain your responsibility, and we encourage you to make them with qualified professionals

Nothing in this Section 7.2 excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded (see Section 7.4).

By creating an account, you confirm you have read and understand this acknowledgement.

Always Consult Licensed Professionals:

  • Speech-language pathologists (SLPs) for speech and language concerns
  • Pediatricians for medical questions
  • Psychologists or counselors for mental health support
  • Educators for school-related decisions

In Case of Emergency:

  • Gestalts is not an emergency service
  • For medical emergencies, call emergency services (000 in Australia, 911 in the US)
  • For mental health crises, contact Lifeline (13 11 14 in Australia) or local crisis services

7.3 Limitation of Liability

To the Maximum Extent Permitted by Law:

We Are NOT Liable For:

  • Any direct, indirect, incidental, consequential, or punitive damages arising from your use of the App
  • Damages resulting from AI-generated content (errors, inaccuracies, inappropriate responses)
  • Loss of data, profits, or opportunities
  • Third-party service failures (Gemini, Google Cloud Text-to-Speech, Firebase)
  • Unauthorized access to your account due to your failure to secure credentials
  • Decisions you make based on App content or AI suggestions

Maximum Liability:

  • Our total liability to you for any claim related to the App shall not exceed the amount you paid for your subscription in the 12 months prior to the claim (or $100 AUD if you are on the Free Tier)

Exceptions:

  • Nothing in these Terms limits liability for:
  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded under Australian Consumer Law or other applicable laws

7.4 Australian Consumer Law (ACL)

For Australian Users:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:

  • Cancel your service contract and obtain a refund, or
  • Compensation for the drop in value below the price paid

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

Nothing in these Terms excludes, restricts, or modifies consumer guarantees under the Australian Consumer Law.

7.5 Assumption of Risk

By Using Gestalts, You Expressly Acknowledge and Assume the Following Risks:

1. AI Limitations: AI-generated content may be inaccurate, incomplete, misleading, or inappropriate for your specific situation. You assume full responsibility for evaluating and acting upon any AI suggestions.

2. Not Professional Guidance: This App is an educational support tool, not a substitute for professional speech therapy, medical care, or psychological services. Any decisions you make regarding your child's care based on App content are made at your own risk.

3. No Guaranteed Outcomes: We make no representations that use of the App will result in any particular developmental outcomes for your child.

4. Third-Party Dependencies: The App relies on third-party AI services that may experience outages, errors, or changes beyond our control.

5. Data Risks: While we implement industry-standard security measures, no system is completely secure. You assume the inherent risks of transmitting data over the internet.

Your continued use of the App constitutes your acceptance of these risks.

7.6 Release of Claims

To the maximum extent permitted by applicable law, and without limiting Section 7.4, you release TLG Digital Solutions Pty Ltd, its directors, officers, employees, contractors, and affiliates from claims, demands, damages, costs, expenses, and causes of action arising from:

1. Your reliance on AI-generated content contrary to the warnings and acknowledgements in these Terms 2. Failures, errors, or outages of third-party services accessed through the App 3. Technical failures, service interruptions, or data loss, except to the extent caused by our negligence or breach of these Terms

Exceptions: This release does not apply to:

  • Claims arising from our negligence, gross negligence, or willful misconduct
  • Rights that cannot be waived under the Australian Consumer Law
  • Claims for death or personal injury caused by our negligence

8. Indemnification

You Agree to Indemnify and Hold Harmless:

TLG Digital Solutions Pty Ltd, its directors, officers, employees, contractors, and service providers from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

  • Your misuse of the App or use in breach of applicable law
  • Your User Content, to the extent it violates the law or third-party rights
  • Your violation of these Terms
  • Unauthorized account access due to your failure to secure credentials
  • Claims by third parties (e.g., practitioners, family members) arising from content you record, upload, or share without the necessary consents

This indemnity does not apply to the extent a claim arises from our negligence, our breach of these Terms, or our breach of applicable law, and it does not limit your rights under the Australian Consumer Law.

Example: If you record another person through the App without a consent the law requires and share that recording, and that person brings a claim, you are responsible for defending and indemnifying us against that claim.

9. Privacy and Data Protection

9.1 Privacy Policy Incorporation

Your use of the App is also governed by the Privacy Policy of TLG Digital Solutions Pty Ltd, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand:

  • What data we collect
  • How we use and store your data
  • How third-party AI services process your data
  • Your privacy rights (access, deletion, portability)

Key Privacy Points:

  • We do not sell your data
  • Photo-to-character source photos are not saved to your Gestalts account and are held by our server only for the request; provider-side handling remains subject to Google terms and configuration
  • You control what you share (reports are not auto-sent to practitioners)
  • You can delete your account and data at any time

9.2 Your Responsibilities

Protect Your Account:

  • Use a strong, unique password
  • Do not share your credentials
  • Log out on shared devices
  • Report unauthorized access immediately

Respect Others' Privacy:

  • Use photo-to-character only when you are the person shown, are their parent or legal guardian, or have permission from every identifiable person shown; do not submit group photos, sensitive documents, or images you are not authorised to use
  • Before making an audio recording through the App, ensure that every adult who may be captured in the recording has agreed to be recorded; laws about recording private conversations differ between Australian states and territories, and you are responsible for complying with the laws that apply to you
  • Do not share practitioners' contact information publicly
  • Respect confidentiality when sharing reports

10. Termination

10.1 Your Right to Terminate

You May Terminate at Any Time:

  • Cancel subscription through App Store/Play Store settings (access continues until end of billing period)
  • Delete your account via App settings (all data permanently deleted within 30 days)
  • Stop using the App (account remains active unless deleted)

10.2 Our Right to Terminate

TLG Digital May Suspend or Terminate Your Account If:

  • You violate these Terms (see Section 6 - Prohibited Activities)
  • You engage in fraudulent or illegal activity
  • You abuse the Service or disrupt other users (e.g., excessive API calls)
  • We are required to do so by law or court order
  • We discontinue the Service (with 30 days' notice)

Termination Process:

  • We will notify you via email before termination (unless immediate termination is required for legal or safety reasons)
  • You may have an opportunity to cure violations (e.g., remove prohibited content)
  • Upon termination, your access is revoked, and data may be deleted per our data retention policy

10.3 Effect of Termination

Upon Account Termination (by You or Us):

  • Access to the App is immediately revoked
  • Subscription is canceled (no refunds for unused time)
  • User Content is deleted within 30 days (unless you export it first)
  • Sections 3 (Intellectual Property), 7 (Disclaimers), 8 (Indemnification), and 11 (Disputes) survive termination

11. Dispute Resolution

11.1 Governing Law

For Australian Users:

  • These Terms are governed by the laws of Queensland, Australia
  • Australian Consumer Law applies and cannot be contracted out

For Other Users:

  • Governed by the laws of Queensland, Australia
  • Local consumer protection laws may also apply

11.2 Informal Resolution

Before Filing a Legal Claim:

  • Contact us at info@gestalts.com.au to attempt informal resolution
  • Provide a detailed description of the dispute and proposed resolution
  • We will respond within 30 days
  • Good faith negotiation may resolve most issues

11.3 Arbitration (Non-Australian Users Only, Where Permitted by Law)

This Section 11.3 does not apply to users in Australia. Australian users retain all rights to pursue claims in Australian courts and tribunals (including state and territory Civil and Administrative Tribunals) and under the Australian Consumer Law, and nothing in these Terms requires an Australian user to arbitrate or prevents an Australian user from participating in collective proceedings.

For Non-Australian Users (Where Enforceable):

If informal resolution fails, disputes may be resolved through binding arbitration rather than court litigation:

  • Arbitration conducted by a neutral third-party arbitrator
  • Each party pays their own legal costs
  • Arbitrator's decision is final and binding
  • Class action waiver: You agree to bring claims individually, not as part of a class action (only if and to the extent enforceable in your jurisdiction)

11.4 Jurisdiction and Venue

For Court Claims:

  • Australian users: Claims may be filed in the courts of New South Wales or your local jurisdiction
  • We consent to jurisdiction in Australian courts for disputes with Australian users

12. General Provisions

12.1 Changes to Terms

We May Update These Terms:

  • Material changes will be notified via email and in-app notice
  • Updated "Last Updated" date at the top of these Terms
  • Continued use after changes constitutes acceptance
  • If you disagree with changes, you may delete your account before they take effect

Review Frequency:

  • We review these Terms annually at minimum
  • Changes may occur more frequently as features, laws, or services change

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable:

  • The invalid provision will be modified to the minimum extent necessary to make it enforceable
  • All other provisions remain in full force and effect

12.3 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and TLG Digital Solutions Pty Ltd regarding the App and supersede all prior agreements or understandings.

12.4 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

12.5 Assignment

You Cannot Transfer Your Rights:

  • You may not assign or transfer your account or rights under these Terms without our written consent

We May Assign:

  • We may assign these Terms in connection with a business sale, merger, or acquisition (you will be notified)

12.6 Force Majeure

We are not liable for delays or failures in performance caused by events beyond our reasonable control, including:

  • Natural disasters
  • Acts of government or terrorism
  • Internet outages or infrastructure failures
  • Third-party service provider outages (Firebase, Gemini, Google Cloud Text-to-Speech)

12.7 Notices

To Contact Us:

  • Email: info@gestalts.com.au

We Will Contact You Via:

  • Email (to your registered email address)
  • In-app notifications

13. Acknowledgment and Acceptance

By Using Gestalts, You Acknowledge That:

1. You have read and understood these Terms and the Privacy Policy 2. You agree to be bound by these Terms 3. You are at least 18 years old and legally able to enter into this Agreement 4. You understand Gestalts is a supportive tool, not a replacement for professional guidance 5. You are responsible for all activity under your account 6. You will use the App in compliance with applicable laws 7. AI-generated content may contain errors and should be used with professional judgment 8. The only supported user-photo AI route is the consent-gated photo-to-character feature described in Sections 3.3 and 9.2; general client-image/refinement inputs are disabled 9. Identifier minimisation does not remove every privacy risk from contextual free text or audio transcription 10. You have the right to delete your account and data at any time

If you do not agree to these Terms, do not use the App.

14. Contact Information

For Legal or Terms Questions, For Privacy or Data Questions or General Support Email: info@gestalts.com.au

Mailing Address: TLG Digital Solutions Pty Ltd Suite 4, Riverwalk One Building 140 Robina Town Centre Drive Robina QLD 4226 Australia

ABN: 19 684 760 503

Response Time:

  • General inquiries: 5 business days
  • Legal/formal requests: 30 days

Conclusion

We're parents and we built Gestalts because we needed it for Olivia. We understand the trust you place in us when you use this App to support your child's journey.

These Terms are designed to:

  • Protect your rights and privacy
  • Clarify what Gestalts is (and isn't)
  • Ensure safe, responsible use of the App
  • Build a sustainable service we can continue improving

If you have questions about these Terms, please reach out. We're parents first, and we're here to help.

Email: info@gestalts.com.au

Document Change Log

VersionDateSummary
1.8-draft25 July 2026Reality-reconciliation pass. Removed the multi-factor authentication references in Sections 2.2 and 9.2 (no MFA implementation exists). Rewrote the safety-flagged content retention statement in Section 4.4 and the retention summary in Section 4.5: the flat "90 days" was wrong for two of three cases. Actual behaviour is 90 days when cleared or still under review, 12 months when escalated, longer under a mandatory report or legal hold, and retention of the safety record for up to two years even after account deletion. Counsel review required before publication.
1.7-draft21 July 2026Added the narrow consent-gated photo-to-character feature, user authority obligations, transient Gestalts source handling, global provider-processing boundary, generated-character save behavior, and the continuing prohibition on general client-image/refinement inputs. Counsel review required.
1.6-draft19 July 2026Removed Play Analyzer from the product description, tiers, disclaimers, and examples (feature withdrawn from production pending regulatory review). Reworked Section 7.2 from a claims waiver to an acknowledgement that preserves Australian Consumer Law rights. Narrowed the Section 7.6 release and Section 8 indemnity and added negligence/ACL carve-outs. Made Section 11.3 arbitration and class-action waiver expressly inapplicable to Australian users. Corrected payment terms to reflect Stripe web billing (native IAP deferred) and Refund Policy/ACL. Added audio-recording consent responsibilities (Section 9.2).
1.5-draft18 July 2026AI-privacy and user-image amendments (implementation-aligned drafting).
1.1-draft9 November 2025Baseline draft published to the mobile fallback.

Effective Date: January 1, 2025 Version: 1.8-draft

Last Updated: July 25, 2026