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Lotus — Terms of Use

Effective 1 September 2026 · v1.2 — plain-English on purpose

These Terms of Use (“Terms”) are an agreement between you and Evergreen Studio Pty Ltd (ABN 74 700 261 276, ACN 700 261 276) (“we”, “us”, “our”), a company registered in Victoria, Australia, and govern your use of the Lotus mobile application and related services (the “Service”). By creating an account or otherwise using the Service, you agree to these Terms and confirm that you have had a reasonable opportunity to review them. If you do not agree, please do not use the Service.

1. What Lotus is — and importantly, what it is not

Lotus is a self-help tool that supports people who want to reduce or stop gambling. It provides manual tracking, reflection tools, calming exercises, optional guided programs, and links to independent support services.

1.1 Lotus is not medical or professional advice

Lotus is not a medical device, health service, therapy, counselling, diagnostic tool or substitute for professional care, and nothing in the Service is medical, psychological or clinical advice. The Service does not diagnose, treat, cure or prevent any condition. It is a self-help support tool, and it is not a substitute for advice from a qualified health professional. If you are concerned about your gambling or mental health, seek advice promptly from a suitably qualified health professional or contact an appropriate support service listed in the App.

1.2 Lotus is not a crisis service

If you are in immediate danger, think you may harm yourself or someone else, or need urgent help, call your local emergency number now or contact an appropriate crisis service in your country (some services are listed in the App's support section). Lotus is not an emergency or crisis-response service, is not monitored for requests for help, and cannot contact emergency services for you. The support services listed in the App are independent organisations — we list them for your convenience but are not responsible for their availability or the help they provide.

1.3 Lotus is not financial advice

The App includes an illustrative mathematical savings forecast that projects the user's own manually entered amounts of money not spent on gambling over time towards savings goals the user sets, using an optional compound-growth assumption selected by the user. The forecast is illustrative only, uses only amounts and assumptions you enter or select, and does not predict or guarantee actual returns. It names no financial products, makes no recommendations, does not take your personal circumstances into account, and is not intended to be relied on when making a decision about a financial product. Actual outcomes may differ because of fees, tax, inflation and other factors that are not included in the calculation. Before making financial decisions, consider obtaining advice from a person authorised under an Australian financial services licence to provide advice appropriate to your circumstances.

2. Who can use Lotus

• You must be 18 or older. Account creation requires confirming this.
• You can create an account with an email address and password, or with “Continue with Apple”. Either way the account is yours and these Terms apply in the same way.
• You must provide accurate and current information, keep your login details secure, and promptly notify us if you know or suspect that your account has been accessed without permission. You are responsible for activity on your account to the extent caused by your failure to take reasonable steps to keep it secure, but not for unauthorised activity outside your reasonable control.
• One account per person. Accounts are personal and may not be shared, sold or transferred.

3. Free features and Lotus Plus

3.1 Always free

Lotus's safety features — including the calm kit and the crisis support pathway — are free for everyone, always. Manual tracking, goals, and the core lotus experience are also free. We commit that safety features will never be placed behind a paywall.

3.2 Lotus Plus subscriptions

• Lotus Plus is an optional paid tier (insights and patterns, guided programs, additional lotus themes and soundscapes, and other extras). Current pricing is always shown in the App and the relevant app store before you pay.
• Plus is offered as an auto-renewing subscription billed weekly, monthly or yearly — you choose the plan. Payment and subscription administration are handled by the Apple App Store or Google Play under the store terms presented to you when you subscribe; we do not receive your full payment-card details. We use a third-party subscription-management provider (RevenueCat) to confirm whether your subscription is active — it is told only your account's internal user ID and your subscription status, never your payment details.
• Plain dealing on price: where plans differ in effective cost (for example, the weekly plan costs more per month than the monthly plan), the App states this in plain words next to the prices, so you can compare before choosing.
• Auto-renewal and cancellation: Subscriptions renew automatically for the same subscription period at the price shown by the relevant app store for that renewal unless you cancel within the cancellation timeframe displayed by that store. You can cancel any time in your app store's subscription settings. Cancelling stops the next renewal; you keep Plus until the period you paid for ends.
• Free trial: where offered, the App and relevant app store will show the trial length, the subscription price and billing period that will apply afterwards, and when you must cancel to avoid being charged; unless you cancel by that time, the trial converts to that paid subscription. The store will show the exact terms before you start.
• Price changes: if we change subscription prices, the change applies from a future renewal, never part-way through a period you have already paid for, and the app store will notify you (and where its rules require, ask for your consent) before you are charged a new price.
• If your subscription ends, you lose access to Plus features but you never lose your data. Your growth history, unlocks and records are kept and restore in full if you resubscribe.
• Refunds: purchases are made through the app stores, so refund requests are handled by Apple or Google under their policies — plus any rights you have under consumer law, which are not affected (see section 9).

4. Referral program

• You may share your referral code. When someone new redeems it, they receive a one-time 3 days of Lotus Plus, and the referral counts toward rewards for you (such as unlocking a special lotus).
• Each account can be referred once, ever. Referral rewards have no cash value and cannot be sold or exchanged.
• We may change, suspend or withdraw the referral program on reasonable notice, but any change will not remove rewards already validly earned; we may withhold or reverse rewards reasonably determined to have been obtained through fraud, automation, multiple accounts or other misuse, after giving you a reasonable opportunity to respond where practicable.

5. Your content

• Anything you write or record in Lotus (journal entries, reasons, logs, goals) is yours. We claim no ownership of it.
• You grant us a worldwide, non-exclusive, royalty-free licence to host, store, back up, reproduce and display your content only as reasonably necessary to provide, secure and maintain the Service for you; this licence ends when your content is deleted, except for copies retained temporarily in backups or as required by law. We do not read your journal, use your content for marketing or advertising, or use it to train AI models.
• You must have the rights needed to submit your content and must not submit content that is unlawful or infringes another person's rights. Journal entries are private to your account and are not visible to other users (Lotus has no social or sharing features between users).

6. Acceptable use

You agree not to:

• use the Service for any unlawful purpose;
• attempt to access other users' data, or probe, bypass or interfere with the Service's security or rate limits;
• reverse engineer, scrape, or copy the Service or its content, except as the law permits;
• abuse the referral program or any free trial (including via multiple or automated accounts); or
• resell, sublicense or commercially exploit the Service, or use it to develop or provide a competing service, except to the extent this restriction is prohibited by law.

7. Intellectual property

The Service — including the Lotus name, the lotus artwork and animations, program content, and software — is owned by us or our licensors and is protected by intellectual-property laws. While you comply with these Terms, we grant you a limited, revocable, personal, non-exclusive, non-sublicensable and non-transferable licence to access and use the App for your personal, non-commercial use. Support-service names and numbers listed in the App belong to their respective organisations.

8. Availability and changes to the Service

• We aim to keep Lotus available and working well, but the Service may be interrupted by maintenance, outages, security incidents, or app-store, network or hosting issues; subject to your rights under the Australian Consumer Law, we do not guarantee uninterrupted or error-free availability.
• We may add, change or remove features over time where reasonably necessary for legal, security, technical or product reasons, but we will not materially reduce a paid feature during a prepaid subscription period without reasonable notice and an appropriate remedy, such as continued access or a pro-rata refund. We will not remove safety features, and if we ever discontinue the Service entirely we will give reasonable notice so you can request a copy of your information first.

9. Consumer guarantees and our liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded — including equivalent consumer protections in the United Kingdom, United States, Canada and New Zealand. Nothing in these Terms limits liability that cannot be limited by law, including for fraud, or for death or personal injury caused by negligence.

Subject to that, and only to the maximum extent permitted by law: (a) we exclude guarantees, warranties and conditions that may lawfully be excluded; (b) we are not liable for indirect or consequential loss that was not reasonably foreseeable; and (c) where the Service is not ordinarily acquired for personal, domestic or household use or consumption, our liability for failure to comply with an applicable consumer guarantee is limited, at our option, to supplying the Service again or paying the cost of having it supplied again, unless it would be unfair or unreasonable for us to rely on that limitation.

You acknowledge that Lotus is a self-help tool: outcomes depend on many factors personal to you, and we do not promise any particular recovery, financial or wellbeing outcome.

10. Suspension, termination and deleting your account

• You can leave at any time: delete your data from inside the App (see the Privacy Policy for exactly what is deleted and how to remove the login record).
• We may suspend or close your account if you materially or repeatedly breach these Terms, create a serious security or legal risk, or misuse the Service, but any action we take will be proportionate to the circumstances. Unless urgent action is reasonably necessary to prevent harm, fraud, unlawful conduct or a security risk, we will give you notice and a reasonable opportunity to remedy the issue before closing your account. If we close your account, provisions that should survive (intellectual property, liability, disputes) survive.
• If you subscribe to Plus and we terminate your account other than for breach, you will be entitled to a pro-rata refund of any prepaid period, in addition to your statutory rights.

11. Privacy

Our Privacy Policy explains what information we collect and how we handle it — including that Lotus never connects to your bank, and never sells your data. Our Privacy Policy is incorporated into these Terms to explain our information-handling practices, but it does not reduce any rights or obligations under applicable privacy law.

12. Changes to these Terms

We may update these Terms from time to time (for example, when we add features or the law changes). For changes that materially affect your rights or obligations, we will give reasonable advance notice in the App or by email before they take effect, except where an earlier change is reasonably required by law or to address an urgent security risk. If you keep using the Service after that date, the updated Terms apply to your future use, but changes will not retrospectively affect accrued rights or charges already paid. If you do not agree with a change, you may stop using the Service and delete your account; if the change materially disadvantages you during a prepaid subscription period, you may also request a pro-rata refund for the unused portion, without limiting your statutory rights.

13. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Victoria. If you are a consumer in another country, you keep the benefit of any mandatory consumer protections of your home country, and nothing in this clause takes away your right to bring a claim there.

If a dispute arises, please contact us first so we can try to resolve it promptly and informally, but this does not prevent either party from seeking urgent relief or exercising any statutory right, including making a complaint to a regulator or consumer-protection body.

14. Contact

Evergreen Studio Pty Ltd (ABN 74 700 261 276)

Email: hello@evergreenstudios.net.au