1. About these terms
These terms are an agreement between you and Happy Dance Project (ABN [pending]) (“we”, “us”) for your use of My Tomte. By creating an account or joining a household, you agree to them.
Nothing in these terms excludes, restricts or changes your rights under the Australian Consumer Law or any other law that can’t be excluded.
2. What My Tomte is, and isn’t
My Tomte is a household organising tool. It suggests meals, builds shopping lists and keeps calendars using the rules and preferences your household sets. It is not a health service, and it doesn’t give medical, dietary, nutrition or allergy advice. Everything it suggests is guidance for your household to check and decide on.
2A. Who can use My Tomte
- You must be 18 or over to create an account or join a household as a member.
- My Tomte is currently available to households in Australia only.
- The person who creates a household (the owner) manages its subscription and chooses who to invite. Everyone who joins agrees to these terms.
- Children don’t have accounts. A parent or guardian manages their profiles.
- Keep your sign-in secure, and tell us straight away if you think someone else has used your account.
3. The free trial
- Every plan starts with a 30-day free trial. One free trial per household.
- You’ll need to add payment details. We won’t charge you during the trial. Your bank may show a temporary verification hold when you add a card, which is released automatically. [confirm Stripe setup]
- We’ll email you at least 3 days before the trial ends, with the date and the amount you’ll be charged.
- Cancel in Settings at any time before the trial ends and you won’t be charged. You don’t need to contact us.
- If you don’t cancel, your chosen plan starts when the trial ends and your payment method is charged.
- If you haven’t chosen a plan when the trial ends, nothing is charged and your household becomes read-only (section 7).
4. Plans, prices and payment
- Prices are in Australian dollars and shown in full before you subscribe. [While we are not registered for GST, no GST is charged. Once registered, prices include GST.]
- Plans renew automatically, monthly or yearly, until you cancel.
- Payments are processed by Stripe.
- Reminders: we’ll email you 14 days before each yearly renewal, and at least every six months on a monthly plan, with the price and how to cancel.
- Price changes: we’ll email you at least 30 days before a new price applies to you. If you don’t want to continue, cancel before then and you won’t pay the new price.
5. Changing plans
- Moving up: takes effect straight away. You pay the difference for the rest of your current billing period.
- Moving down: takes effect at your next renewal. You keep your current plan until then.
- If you move down to a plan with fewer people, you choose who is archived. Archived people stay in your household but can’t be edited or have meals planned for them. You can delete an archived person, or remove someone else to make room, and an archived person becomes active again.
6. Smart Actions
- Each plan includes a monthly allowance: Solo & Couple 10, Family 20, Premium 150.
- Unused monthly Smart Actions carry over for one month, then expire.
- Top-ups (20 for $2.99) can be bought on any plan. They last 6 months from purchase, then expire. Your monthly allowance is used before top-ups. [confirm]
- Premium fair use: the 150 a month is for normal household use. If a household regularly uses far more (for example, through automation or sharing with other households), we’ll contact you first and agree a way forward before limiting anything. We’ll never charge you extra without your agreement. [confirm the intended rule; LAWYER]
- Smart Actions use AI, and results can be wrong. Check what the tomte gives you.
7. Failed payments and read-only mode
If a payment fails, we’ll email you and try again automatically. If it still fails, or your trial ends without a plan, your household becomes read-only: your information stays safe and visible, but you can’t add or change anything or use Smart Actions until a plan is active. We’ll email you when this happens. [confirm: how long a household can stay read-only, and what happens after]
8. Cancelling
- Cancel any time in Settings. It takes a couple of taps, and you’ll get an email confirming it.
- Your plan continues until the end of the period you’ve paid for, then stops renewing.
- Cancelling doesn’t delete your household. You can delete it separately (section 16).
9. Refunds
- Changed your mind within 14 days of any plan payment? We’ll refund it in full, no questions asked. Ask in the app, through the support portal or at [email protected].
- Smart Action top-ups aren’t refundable for a change of mind.
- These refunds are in addition to your rights under the Australian Consumer Law. For example, if the service has a major problem, you may be entitled to a refund whenever you paid.
10. Your content
- Your recipes, photos, notes and household information belong to you.
- You give us permission to store, copy and process them only as needed to run My Tomte for your household.
- Only upload content you have the right to use. Recipes found by My Tomte are credited to their original source with a link.
- If you send us feedback or ideas, we can use them to improve My Tomte, without owing you anything for them.
11. Guidance, not advice: dietary rules, allergies and pregnancy
My Tomte applies the dietary rules you set, strictly. It won’t plan a recipe that isn’t marked safe for someone who’s eating. But please understand what that means:
- My Tomte guides your household’s meals. It is not medical, dietary, nutrition or allergy advice, and it doesn’t replace your own checks.
- Always check ingredients, dietary restrictions and allergen labels yourself before preparing or eating anything, including every meal My Tomte suggests.
- It relies on recipe and ingredient information, including allergen tags, which may be incomplete or wrong, and can’t account for every product, brand, recipe change or kitchen.
- Always check ingredient labels, and follow the advice of your doctor, dietitian or other healthcare provider.
- Pregnancy: the pregnancy rule follows common food-safety guidance, but it isn’t personalised advice. Check Food Standards Australia New Zealand’s guidance and talk to your healthcare provider.
- Severe allergies: follow your allergy action plan. In an emergency, call 000.
12. Calendars
When you connect a calendar, you authorise us to read the calendars you choose. With two-way sync (Family and Premium), you also authorise us to create and update family events in them. Meal plans are never added to your calendars. You can disconnect a calendar at any time. Calendar providers’ own terms also apply to your use of their services.
13. Other services
My Tomte connects to services run by others (for example Google, Apple, Microsoft and Stripe). We aren’t responsible for how those services work, but we’ll do our best to help if something goes wrong between them and My Tomte.
14. Using My Tomte fairly
Please don’t:
- misuse My Tomte, try to break it, or try to access another household’s information
- resell or share access with people outside your household
- use automated tools to scrape or overload it
- upload anything unlawful
If a household seriously breaks these terms, we may suspend it. Unless there’s an urgent risk to people or the service, we’ll tell you first and give you a reasonable chance to fix it.
15. Changes to My Tomte and these terms
- We keep improving My Tomte, so features change over time.
- If we remove a feature that’s a significant part of your plan, we’ll tell you at least 30 days beforehand. If you cancel because of it, we’ll refund the unused part of any prepaid period.
- If we change these terms in a way that matters, we’ll tell you at least 30 days before. If you don’t agree, you can cancel before the change applies, with a refund of any unused prepaid period.
16. Deleting your household, and ending the service
- You can delete your household at any time in Settings. Deletion is permanent and can’t be undone. Cancel your subscription first if you don’t want to be charged again. [confirm: does deleting also cancel?]
- If we end your access because of a serious breach of these terms, we’ll tell you why.
- If we ever stop offering My Tomte, we’ll give you at least 30 days’ notice and refund the unused part of any prepaid period.
17. Our intellectual property
My Tomte, including its design, software, name and the tomte character, belongs to Happy Dance Project. We give you a personal, non-transferable right to use it for your household while your account is active.
18. Consumer guarantees and liability
- Our services come with guarantees that can’t be excluded under the Australian Consumer Law. For major failures with the service, you’re entitled to cancel your service contract and get a refund for the unused portion, or compensation for its reduced value. You’re also entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure doesn’t amount to a major failure, you’re entitled to have problems with the service fixed in a reasonable time and, if this isn’t done, to cancel your contract and get a refund for the unused portion.
- Subject to those rights, we aren’t responsible for loss caused by events outside our reasonable control, or by your own use of the information My Tomte provides contrary to section 11.
19. Complaints and disputes
If something goes wrong, please tell us first at [email protected], and we’ll aim to resolve it within 30 days. If we can’t, you can contact NSW Fair Trading or the consumer protection agency in your state or territory.
20. General
- These terms are governed by the laws of New South Wales. Courts in any Australian state or territory can hear a dispute, and the consumer protection laws of your home state still apply to you.
- If part of these terms can’t be enforced, the rest still applies.
- We may transfer these terms to a new owner of My Tomte, who must honour them. We’ll tell you if that happens, and it won’t reduce your rights.
- We’ll send notices by email to the account owner, or show them in the app.
21. Contact
Happy Dance Project · ABN [pending] · [email protected]