Updated 21 September 2026
GENERAL
The social media and networking platform made available through a mobile application (the Amicitia App) and Services is created, operated and controlled by Veil Solutions Pty Ltd (ACN 694 188 200) (Amicitia, we, us or our).
By downloading, accessing and using the Amicitia App and the Services, you acknowledge that you have read, understood and accept the Amicitia App User Terms and Conditions (agreement), together with our Privacy Policy, and agree to abide by them. If you do not accept this agreement, you must not download, access and use the Amicitia App and Services.
In this agreement, you and your means the individual who accesses or uses the Amicitia App, and whose details are listed in the Account (and includes anyone acting on your behalf or with your express or implied authority).
AMICITIA APP
The Amicitia App is a privacy focused social media and networking platform made available through a mobile application that uses end-to-end encryption to allow users to safely and securely create, share and exchange information, ideas, pictures, images, videos and other User Content with other users of the Amicitia App (collectively, the Services). This means Amicitia cannot read, view, or access the content of your posts, comments, chat messages, media or other User Conent. Our role in providing you with access and use of the Amicitia App and the Services should be construed strictly in this context only.
The Amicitia App is not a public network or anonymous chat or messaging service. Users cannot browse, search for, or send messages to strangers. User Content is shared only with connections that the user has personally approved, and a connection must be accepted by user before any User Content can be exchanged between users. The Amicitia App does not provide any function to download or save images from within the Amicitia App to a device gallery or file system.
By downloading, accessing and using the Amicitia App, Amicitia grants you a non-exclusive, non-transferable, personal, revocable and non-sublicensable licence to download, install, access and use the Amicitia App and the Services for the Term solely for personal and non-business purposes. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.
TERM
This agreement will commence on the date you download and access the Amicitia App (Commencement Date) and shall continue until terminated in accordance with its terms (Term).
REGISTRATION AND ACCESS
To access and use the Amicitia App you must create an account with us (Account). Your Account will be operated by a username (UserName) and password (Password). You can change your Password at any time by you accessing the ‘Settings’ function on the Amicitia App.
To setup an Account on the Amicitia App, you must:
provide us with your registration information (such as your full name, email address, date of birth and profile picture/image). At all times, you must ensure that your registration information (including Personal Information) is complete, accurate and up to date. All Personal Information as well as the information you provide to setup your Account is subject to our Privacy Policy;
create a personal profile which will only be accessible by those users of the Amicitia App that you have connected with (User Profile). The only registration information (including Personal Information) in your Account that can be viewed by all users of the Amicitia App is your User Name and name. Any person you connect with will be able to see your User Name, name, profile picture/image and any other User Content you publish or share with your connections on, or via, your User Profile; and
be over 18 years of age and legally able to enter into contractual relations. If you are not over 18 years of age, you should not access or use Amicitia App and Services. Your continued use of the Account constitutes an acknowledgement by you that you are over 18 years of age. We reserve the right to ask for proof of age from you, and your Account may be suspended until satisfactory proof of age is provided.
You are responsible for:
maintain control over, and the confidentiality of, your User Name and Password. You will immediately notify us in writing of any unauthorised use of your Account, User Name and/or Password;
all activities that occur through the use of your Account, User Name and/or Password, whether or not authorised by you, and Amicitia is not responsible or liable for any Loss due to misused, stolen or hacked Accounts, User Names and/or Passwords; and
keeping your Account and registration information current, complete and accurate. You must not impersonate another account holder or provide false identity information to gain access to or use the Amicitia App and the Services.
You cannot create more than one Account. Creating multiple accounts for any purpose, including for the purpose of circumventing an account suspension, ban, or other restriction on your use of the Amicitia App is prohibited and we may, at our absolute discretion, permanently terminate all of your Accounts.
Amicitia has the right to suspend or terminate your Account, User Profile and/or your access or use of all or any part of the Amicitia App and/or the Services, at any time, if, in our opinion, you have failed to comply with any of the provisions of this agreement.
YOUR OBLIGATIONS
When accessing and using Amicitia App during the Term, you must:
download the Amicitia App onto your mobile phones or other devices;
obtain and maintain all hardware, software and communications equipment necessary to access, and use the Amicitia App and the Services;
comply with all Relevant Laws with respect to your obligations under this agreement; and
comply with all of our directions, policies and guidelines, advised in writing to you from time to time (including our Acceptable Use Policy).
We will not be liable to you or anyone else if, for any reason, the Amicitia App or the Services are unavailable at any time or for any period. From time to time, we may suspend or restrict access to all, or some parts of the Amicitia App and/or the Services.
You must not (nor attempt to do) any of the following:
introduce, access, store, distribute or transmit any viruses, worm, trojan or other malicious code into the Amicitia App;
violate any Amicitia IP or any third party Intellectual Property Rights;
copy, modify, duplicate, create derivative works from, frame, mirror, republish, transmit or distribute all or any portion of the Amicitia App, or any other third party software that you may access or use through the Amicitia App, in any way;
circumvent rate limits, access controls, or security measures or use automated tools, bots, or scripts to interact with the Service beyond its intended interface;
access another user's Account or User Profile without consent;
download or access all or any part of the Amicitia App and/or the Services in order to build a product, service or code which competes or reproduces the Amicitia App and/or the Services (in full or part);
data mine the Amicitia App or modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Amicitia App in any way, or otherwise learn the source code or algorithms underlying the Amicitia App;
license, lease, sell, rent, lease, transfer, assign or otherwise commercially exploit the Amicitia App and/or the Services; and
use the Amicitia App to engage in any activity or conduct that is in breach of any Relevant Laws.
USER CONTENT
When you create your Account and each time you access and use the Amicitia App, you will be required to provide us with User Content. You will retain ownership of your User Content, and you will have sole responsibility for the legality, reliability, integrity, accuracy and quality of your User Content. To the maximum extent permitted by Relevant Laws, we do not warrant that User Content displayed or published on the Amicitia App by you or any other user of the Amicitia App (or any Third Party Content displayed or published on the Amicitia App by a third party) is accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any products, services, User Content or Third Party Content displayed on, or via, the Amicitia App. We make no representations or warranties that use of the User Content or Third Party Content will not infringe any third party’s Intellectual Property Rights.
We disclaim all liability and responsibility arising from any reliance placed on such User Content or Third Party Content. You (and not Amicitia) are solely responsible for the completeness, accuracy, reliability, legality and quality of any User Content published by you on, or via, the Amicitia App.
You grant Amicitia a worldwide, non-exclusive, royalty-free and perpetual licence to use, disclose, reproduce, store, distribute, publish, export, adapt, edit, translate, produce derivative works from or copy, your encrypted User Content (and all Intellectual Property Rights contained therein) for any purpose, including for the purpose of:
enabling Amicitia to provide the Amicitia App and the Services and otherwise perform our obligations and exercising our rights under this agreement;
informing you and about other products or services that Amicitia may offer from time to time or in relation to third party products and/or services offered by us, our Affiliates or our third party providers;
complying with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request; and
using usage patterns, trends, and other statistical or behavioural data derived from use of the Amicitia App and/or the Services for the purposes of providing, operating, maintaining, or improving the Services, the Amicitia App, or our other products and services,
except the foregoing licence does not grant Amicitia any ability to access, view, read, analyse, or use the User Content (in its unencrypted form).
In the event of any Loss to User Content, your sole and exclusive remedy shall be for Amicitia to use reasonable endeavours to restore the User Content, that is lost or damaged, from the latest encrypted back-up of User Content maintained by Amicitia in accordance with our standard archiving and backup procedures.
Amicitia App shall not be responsible for any Loss, destruction, alteration, corruption or disclosure of User Content caused by us, your acts or omissions or the acts of omissions of other users of the Amicitia App or any third party.
You agree to make your own enquiries to verify information displayed on, or via, the Amicitia App (including User Content and Third Party Content) and to assess the suitability of any information before relying upon such information. If you choose to rely upon any information displayed or listed on, or via, the Amicitia App and/or the Services (including User Content and Third Party Content) you do so at their own risk.
ACCEPTABLE USE POLICY
By downloading, accessing and using the Amicitia App and each time you publish, upload, submit, post or share User Content on, or via, the Amicitia App, you agree to comply with the rules for the acceptable use of the Amicitia App as specified herein (Acceptable Use Policy).
You are solely responsible for the accuracy, currency, completeness and use of User Content published, submitted or posted by you on, or via, the Amicitia App, and you post or publish User Content on, or via, the Amicitia App at your own risk. Amicitia accepts no responsibility and assumes no liability for any User Content posted, published or otherwise transmitted by you, any other user of the Amicitia App or any Third Party Content posted or published by any third party on, or via, the Amicitia App.
Amicitia does not access, monitor, review, or otherwise control the Services or any User Content listed, published or posted on, or via, the Amicitia App by you or any other user of the Amicitia App or any third party. However, in response to a complaint Amicitia reserves the right to request that a user delete any or all User Content that breaches the Acceptable Use Policy, and if the user fails to do so, we will, at our absolute discretion, delete the user’s Account (without liability to you or another user). At any time, you may lodge a complaint that another user has breached the Acceptable Use Policy or that the Amicitia has blocked or removed User Content that has not breached the Acceptable Use Policy using the ‘Report’ link in the Amicitia App. When lodging a complaint you must provide us with evidence in support of the allegations that another user has breached the Acceptable Use Policy.
You must access and use the Amicitia App and the Services only for lawful purposes. You must not access and use the Amicitia App and/or the Services:
Illegal content and activity
in any way that breaches any Relevant Laws (including, but not limited to, using or exploiting the encryption functions and features of the Amicitia App to plan, organise, facilitate or commit a criminal offence or other activity which is prohibited under Relevant Laws);
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or for the purpose of blackmail, extortion, or coercion;
to promote, facility or engage in terrorism, violent extremism, or acts of mass violence;
to promote any illegal activity or advocate, promote or assist any unlawful act (including, but not limited to, fraud, phishing, identity theft, or financial crime);
to sell or distribute illegal substances, weapons, or other prohibited goods or services;
to publish, post or upload any User Content that contains confidential, secret or proprietary information of another person or is otherwise not appropriate for persons under the age of 18 years;
to publish, post or upload User Content that may infringe the Intellectual Property Rights or other rights of Amicitia or any third party;
Harassment and harmful conduct
to publish, post or upload User Content intended to harm someone in any way or that is libellous, defamatory, obscene, vulgar, offensive, pornographic, indecent, racist, harassing, threatening, seditious, violent, blasphemous, invasive of privacy or publicity rights, abusive, inflammatory, discriminatory or otherwise objectionable to children;
to targets individuals based on race, ethnicity, national origin, religion, age, sex, sexual orientation, gender identity, disability, or other protected characteristics;
to engage in, any kind of online or cyber bullying, revenge porn, doxxing, swatting, or any form of online abuse or other activities or statements that are harmful to users of the Amicitia App;
to engage in stalking or unlawful surveillance or monitoring of any individual or engage in any activity that violates a court order, restraining order, intervention order, or apprehended violence order;
to encourage or facility self-harm, suicide, or eating disorders;
to publish, post or upload non-consensual sharing of intimate images or image-based abuse;
Impersonation and deception
to impersonate any person, entity, or Amicitia;
to create false accounts or use another person's identity to access and use the Amicita App without their consent;
to publish, post or upload any User Content that is false, misleading or deceptive or is likely to be false, misleading or deceptive (including, but not limited to, impersonating another person or user or misrepresenting your identity to users of the Amicitia App);
to lodge a complaint or report through the Amicitia App about another user’s User Content that is maliciously or intentionally false or misleading.
Platform integrity
to upload or transmit any User Content that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or attempt to circumvent rate limits, access controls, or security measures nor will you use automated tools, bots, or scripts to interact with the Amicitia App without Amicitia's prior written consent.
to interferes with or disrupts the Amicitia App or servers or networks connected to the Amicitia App, attempts to gain unauthorised access to any part of the Amicitia App, another user's account, or Amicitia's infrastructure, scrape, reverse-engineer, or attempt to extract source code, algorithms, or data from the Amicitia App;
to circumvent, disable, or otherwise interferes with any security or encryption feature of the Amicitia App;
Spam and unsolicited content
to publish, post or upload any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (including, but not limited to, unsolicited bulk messages, spam, or chain messages to other users); and
to engage in coordinated inauthentic behaviour, including operating networks of fake accounts.
By accessing or using Amicitia App and/or the Services, you acknowledge that it is your responsibility to:
ensure that any User Content posted or transmitted through the Amicitia App is appropriate, accurate, reliable, up-to-date, and complete;
respect the privacy rights of other users and third parties. You must not use the Amicitia App to publish or post the name of persons without the actual or implied consent; and
ensure that you have adequate legal rights to publish, post, transmit, reproduce or otherwise use the User Content transmitted through the Amicitia App.
Amicitia reserve the right, at our absolute discretion, to investigate any suspected breach of the Acceptable Use Policy and to determine whether the Acceptable Use Policy has been breached. If, we determine, at our absolute discretion, that a breach of the Acceptable Use Policy has occurred, we may (without liability to you) take any or all of the following actions:
issue a warning;
request that you immediately delete the User Content that we determine has breached the Acceptable Use Policy;
suspend or terminate your Account in accordance with clause 15;
delete any User Content that breaches the Acceptable Use Policy;
report your activity to law enforcement or other relevant government agencies; or
pursue any other remedies that are available to us under this agreement or under any Relevant Laws.
CHILD SAFETY AND CHILD SEXUAL ABUSE AND EXPLOITATION POLICY
The Amicitia App is an adults only social media platform. The Amicitia App is restricted to persons aged 18 years and over. We may require you to provide proof of age information when you create an Account or at any other time during the Term. If we determine that you are not aged 18 years or over, we will immediately terminate your Account.
Amicitia prohibits child sexual abuse and exploitation in all forms. You must not use any part of the Amicitia App (including, but not limited to, posts, captions, images, comments, profile information and private messages) to engage in sexual abuse and exploitation regardless of whether content is encrypted.
You must not upload, post, share or submit any User Content on, or via, the Amicitia App that:
contains, depicts, promotes, or distributes child sexual abuse material or any sexual content involving minors.
is used to groom, exploit, solicit, or harm children in any way;
sexualises a minor in any way, including through images, text, captions, emoji, commentary or coded language;
constitutes grooming, being any attempt to build trust or an emotional connection with a minor for the purpose of sexual exploitation or abuse;
constitutes sextortion, being any attempt to threaten, blackmail or coerce a minor using sexual imagery or information;
facilitates the trafficking of a minor for sex, or the solicitation, advertisement or arrangement of sexual contact with a minor;
seeks, offers, links to, or attempts to trade child sexual abuse material or access to minors, including through obfuscated or coded terminology;
involves an adult seeking to make contact with a minor through the Service for any sexual purpose;
depicts a minor in a sexualised manner through computer-generated, edited or artificially generated imagery, including imagery produced by artificial intelligence.
The end-to-end encryption embedded within the Amicitia App prevents us from scanning, monitoring or reviewing the content of posts, comments or private messages of users for child sexual abuse and exploitation. We rely on users of the Amicitia App, law enforcement bodies and child protection organisations to detect and report acts of child sexual abuse and exploitation to us. We continue to assess client-side detection technologies that would allow known child sexual abuse material to be identified on a user's device before content is encrypted, and we will deploy such technology where it can be implemented effectively.
Amicitia maintains a designated child safety point of contact who is responsible for our child safety practices and for responding to any notifications from law enforcement, child protection organisations and platform operators (such as Google Play and the Apple App Store). The child safety point of contact can be reached at admin@amicitia.com.au, marked for the attention of the ‘Child Safety Point of Contact.’ We aim to acknowledge child safety notifications within one Business Day.
If a child is in immediate danger, contact your local police. In Australia, reports of online child sexual exploitation can also be made directly to the Australian Centre to Counter Child Exploitation.
CHARGES
We do not charge you a fee to download, access and use the Amicitia App and Services. However, we reserve the right at any time to charge you a fee to access and use Amicitia App and Services (including any advanced or premium features and functions of the Amicitia) by giving you at least 30 days’ written notice, or by otherwise posting it on the Amicitia App or the Website.
If you do not agree to pay a fee to access and use Amicitia App and Services (including a fee to access new advanced or premium features and functions of the Amicitia App), you should terminate the agreement in accordance with clause 14, no later than 30 after the date you received written notice of the fee changes or the fee changes were posted on the Amicitia App or the Website.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that we, or our licensors, are the owner of the Amicitia App and the Services (or any Intellectual Property Rights contained therein) including any information, data or Content that may be provided to, or accessed by, in connection with your use of the Amicitia App and the Services (including any modifications, upgrades, amendments or enhancements of the foregoing) (collectively, the Amicitia IP). Accessing and using the Amicitia App and the Services do not give you (or anyone else) ownership of, or any right, title or interest in the Amicitia IP.
Ownership of any User Content will vest in the creator of that User Content but excluding Amicitia IP.
If you provide Amicitia with suggestions, ideas, or feedback about the Amicitia App and Service, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose without compensation to you.
AMICITIA OBLIGATIONS
Subject to your compliance with the terms of this agreement, Amicitia shall use reasonable endeavours to provide you with access to and use of the Amicitia App and the Services.
In the event that we fail to provide you with access and use of the Amicitia App and the Services in accordance with clause 12.1, we shall use reasonable endeavours to correct any such non-conformance or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 12.1.
The undertaking in clause 12.1 shall not apply in the event of:
any non-conformance which is caused, or contributed, by use of the Services and the Amicitia App contrary to our instructions or the terms of this agreement;
modification or alteration of the Services and the Amicitia App by any party other than us or our duly authorised Personnel;
the unsuitability or malfunction of the Amicitia App and/or the Services when used in conjunction with any software, platforms, applications and tools supplied by a third party provider; and
Force Majeure Events.
NO WARRANTIES
To the maximum extent permitted by Relevant Laws, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the Amicitia App and the Services.
Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
You acknowledge, and agree that to the maximum extent permitted by Relevant Laws, we make no representation, warranty or guarantee in relation to the availability, continuity, legality, completeness, reliability, accuracy, currency or security of the Amicitia App and/or the Services (including any User Content, Third Party Content, products or services provided in connection with the Amicitia App and the Services) and we will not be liable if the Amicitia App and/or the Services is, or becomes unavailable for any reason, including directly, or indirectly as a result of:
telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
negligent, malicious, wilful acts or omissions of third parties (including third party service providers) or other users;
maintenance (scheduled or unscheduled) carried out by us or any third party service provider, including in respect of any of the systems or network used in connection with the provision of the Amicitia App and the Services;
services provided by third parties (including internet service providers) ceasing or becoming unavailable; or
a Force Majeure Event.
You acknowledge that, to the maximum extent permitted by Relevant Laws, we do not make any warranty or representation that any information (including any User Content or Third Party Content) uploaded, published, shared or made available to you by us, any other user or anyone else or any Content made available or offered on, or via the Amicitia App is accurate, complete, reliable, current or error-free, virus free or is suitable for any particular purpose or use under any specific conditions, and so is provided on an “as is” and “as available” basis.
Amicitia shall use reasonable endeavours to make the Amicitia App and the Services available 24 hours a day, seven days a week, except for:
planned maintenance carried out at times advised in advance by Amicitia; and
unscheduled maintenance which may need to be performed from time to time. Amicitia will, where practicable, use reasonable endeavours to conduct any unscheduled maintenance outside of Business Hours.
LIMITATION OF LIABILITY
To the maximum extent permitted by Relevant Laws, we will not be liable to you, any other user of the Amicitia or any third party for any:
Consequential Loss; or
Loss of, or damage to, any property or any personal injury or death to you, any other user or any third person,
arising out of, relating or connected to, the provision or use of, the Amicitia App and the Services (including any Content, User Content, Third Party Content and any products or services published, advertised, displayed or provided in connection with the Amicitia App and the Services) and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
All risk in using the Amicitia App and the Services passes to you upon downloading the Amicitia App or otherwise accessing or using the Amicitia App and the Services (whichever is earlier). We do not control or direct what User Content or Third Party Content is uploaded, shared, published, posted or otherwise transmitted by other users of the Amicitia App, and we are not responsible to you or to anyone else for any actions, activities, conduct or transactions (whether online or offline) that occur as a result of, or in connection with your access to, and use of, the Amicitia App and the Services.
To maximum extent permitted by Relevant Laws, under no circumstances will our aggregate liability to you, any other user of the Amicitia App or anyone else, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the lesser of $10 or the fees paid by you to access and use the Amicitia App or Services.
You agree to defend, indemnify and hold us, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all Claims and Losses (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of, or arising out, of:
the access to, and use of, the Amicitia App and/or the Services by you, or any third party (including, the use of any Content, User Content, Third Party Content, products or services published, displayed or made available to you on, or via, the Amicitia App and the Services);
any breach by you of any Privacy Laws;
any breach of any third party’s Intellectual Property Rights or other rights caused by you; or
any breach by you this agreement (including the Acceptable Use Policy).
PRIVACY
All Personal Information you provide to us to download, access and use the Amicitia App and the Services, are subject to our Privacy Policy, which is incorporated into this agreement. We do not access, use, disclose, sell or share your Personal Information (except we make limited use of your registration information in accordance with our Privacy Policy).
You warrant that, in relation to any Personal Information comprising User Content or any other information uploaded, submitted, published or displayed by you on, or via, the Amicitia App and the Services:
it has been collected in accordance with Privacy Laws;
you have the authority to upload, post, publish or otherwise transmit such information on, or via, the Amicitia App; and
you have obtained the informed consent of the individuals who are the subject of such Personal Information in order for us to use, disclose, store, transfer, process or handle it.
TERMINATION
You agree that we may, at any time and at absolution discretion, with or without cause or any notice to you, terminate, suspend, deactivate or block access to (either temporarily or permanently):
your Account and/or User Profile;
the Website;
the Amicitia App and/or the Services; and/or
any other social media pages, products and/or services offered on, or via the Amicitia App and/or the Services.
You may delete your Account at any time by either:
deleting the Amicitia App from your mobile device’ or
going within the Amicitia App to Settings > Account > Delete Account; or
submitting a request through our Website.
We may terminate or discontinue the Amicitia App or any major functions or features of the Amicitia App and/or the Services at any time (without liability to you) by 30 days’ notice to you, or by otherwise posting it on the Amicitia App or the Website.
Amicitia may suspend or terminate this agreement by giving you notice with immediate effect if you:
commit any serious or repeated breaches or violations of this agreement, our policies and guidelines (including our Privacy Policy, Child Safety and Child Sexual Abuse and Exploitation Policy and Acceptable Use Policy) and any other agreements entered into between the parties;
serious or repeated breaches or violations of another person’s Intellectual Property Rights or privacy rights;
engage in conduct that poses a risk to the safety of other users or the public;
provide false information during registration;
create multiple accounts to circumvent a prior suspension or ban;
publish or post User Content or engage in any activities, conduct or transactions on, or, via, the Amicitia App and/or the Services, that brings, or has the capacity to bring, Amicitia, our Personnel and Affiliates and the Amicitia App into disrepute; and
requests by law enforcement, court order or other government agencies.
Except as otherwise stipulated in this agreement, you agree that all such suspensions or terminations shall be made at our absolute discretion and that we shall not be liable to you, any other user or any third party for any such suspension or termination.
EFFECT OF TERMINATION
On termination of this agreement by us for any reason, your Account and your User Content will be immediately deleted (without liability to you or any third party).
If you delete your Account, your Account will be disabled for a period of 30 days before it is permanently deleted. During this 30 day period:
your Account is deactivated and your User Content is no longer visible to other users;
you may restore your Account by logging back in at any time during the 30-day window; and
if you do not log in within 30 days, your Account and all your User Content will be permanently and irreversibly deleted.
On termination of this agreement for any reason:
all licences to use the Amicitia App and the Services and rights of access granted under this agreement to you will immediately terminate;
we may retain your registration information (including Personal Information) accordance with any limitation periods and records retention obligations that are imposed by Relevant Laws; and
any User Content that has already been decrypted and displayed on another user's device will not be deleted.
THIRD PARTY CONTENT AND WEBSITE LINKS
You acknowledge that the Amicitia App may contain User Content and Third Party Content that may link to other websites, tools, links, applications, services, products or resources on the Internet. These websites, tools, links, applications, services, products or resources are not under our control and are not maintained by Amicitia. We are not responsible for the content of those websites, tools, links, applications, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein). Amicitia only provides links to third party websites, applications or tools for your information and convenience.
Links, references or other connections to these websites, tools, applications, resources, products or services do not imply any endorsement of them or any endorsement of the owners, licensors or operators of those websites, tools, applications, resources, products or services.
We do not recommend or endorse any content, comments or submissions published or posted by advertisers or other users on the Amicitia App, the Website or our related social media pages.
Your linking to or from these sites, or use of, or reliance on, such websites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-site pages and other websites or third-party suppliers that you visit or transact with.
FORCE MAJEURE EVENT
We shall not be responsible to you (or anyone else) if we are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, epidemic, pandemic or mandatory government shut-down or lockdown, acts of terrorism, fire, explosion, flood, an act or omission of a third party, shortage of or inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network, or default of hosting or data centre providers (collectively, Force Majeure Event).
UPDATES AND VARIATIONS
Without notice to you, we may, at our absolute discretion, from time to time:
change, add or delete the functions, features, performance, or other characteristics of the Amicitia App and/or the Services; or
apply or install updates to, or new versions of, the Amicitia App.
You acknowledge that the Content, User Content and Third Party Content on the Amicitia App is subject to change at any time and may be out of date at any given time. We are under no obligation to:
update, correct or fix any Content, User Content, Third Party Content, the Amicitia App and/or the Services; or
notify you of any changes to any Content, User Content, Third Party Content, the Amicitia App and/or the Services unless required by Relevant Laws to do so.
Some of the provisions contained in this agreement may also be superseded by provisions or notices published elsewhere on the Amicitia App. Any changes are effective immediately upon posting to the Amicitia App. Your continued use of the Amicitia App and the Services thereafter constitute your acceptance of all such changes to the agreement.
Please read this agreement before using the Amicitia App and the Services as the agreement may have changed since the last time you accessed and used the Amicitia App and the Services. If you do not agree to any change, then you must immediately stop using the Amicitia App and the Services.
SUPPORT SERVICES
Amicitia may, at our absolute discretion, provide you with customer support services during Business Hours in accordance with the Amicitia’s standard support services and maintenance policy (as amended from time to time).
If you require customer support services or you are having difficulties accessing and using the Amicitia App and the Services, you may contact using the ‘Report a Problem’ function within the ‘Help Centre’ section of the Amicitia App or by email at admin@amicitia.com.au.
DISPUTE RESOLUTION
You must, before resorting to court proceedings, refer any dispute with Amicitia (excluding complaints about User Content published or post by other users of the Amicitia App) under or relating to this agreement initially to a nominated representative of each party to endeavour to resolve the dispute within 20 days.
If the dispute is not resolved within this period, then either party may, in its absolute discretion, initiate court proceedings.
COMPLAINTS PROCESS
The end-to-end encryption embedded within the Amicitia App prevents us from scanning, monitoring or reviewing the content of posts, comments or private messages of users. If you wish to make a complaint or lodge a report that User Content published or posted by another user of the Amicitia App has breached the Acceptable Use Policy, Child Safety and Child Sexual Abuse and Exploitation Policy or other terms of this agreement, you must submit your complaint (together with unmodified screenshots of the content you wish to complaint about) using the ‘Report a Problem’ function within the ‘Help Centre’ section of the Amicitia App. Amicitia will not share the identity of the reporting user with the reported user.
Due to the nature of end-to-end encryption, Amicitia's ability to moderate and investigate User Content is limited to what is submitted to us by reporting users and detectable by our client-side scanning tools. We cannot guarantee that all prohibited User Content will be identified and removed.
We will use reasonable endeavours to investigate any complaint or report lodged by you or another user of the Amicitia App within a reasonable period of time and we may, at our absolute discretion, take corrective action that we deem appropriate in the circumstances (such as issue a warning, suspend the reported Account, or permanently terminate a user’s Account). If you report possible child sexual abuse or exploitation by another user, we will investigate your complaint on a prioritise basis and such complaints are escalated immediately to our child safety point of contact.
Amicitia will notify law enforcement authorities, if:
we receive a report that a user has engaged in criminal conduct;
we identify an immediate risk to life or safety; or
we are required to do so by Relevant Laws.
Submitting false or malicious reports is prohibited and may result in suspension or termination of your Account.
We do not guarantee that any reported user will be issued a warning, suspended or their Account permanently terminated following your complaint. We will not take corrective action, if we do not believe that the reported user complained about has breached the Acceptable Use Policy, Child Safety and Child Sexual Abuse and Exploitation Policy or any other terms of this agreement.
We will not notify you of the outcome of our investigation or the corrective action (if any) we have taken in response to your complaint, unless we are required to do by Relevant Laws.
NOTICE
By accessing and using the Amicitia App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Amicitia App and/or Website.
You acknowledge that all contracts, notices, information and other communication (notices) we may provide electronically comply with any legal requirements that such documents be in writing.
Notice will be deemed received and properly served immediately when posted on the Amicitia App and/or Website or 24 hours after an email is sent to you. As proof of service, it is sufficient that the email was sent to the email address specified by you in your Account.
GENERAL
If any provision in this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the reminder of this agreement which will continue in full force and effect.
You may not assign, transfer or deal in any other manner with all or any of your rights or obligations under this agreement without our prior written consent. To the extent permitted by Relevant Laws, we may, at our absolute discretion, assign, transfer or deal in any other manner with all or any of our rights or obligations under this agreement without your prior written consent.
Clauses 5.2, 5.3, 6.4, 6.5, 7.2, 9, 12, 13, 15, 16, 18, 21, 22, 24, 25 and any other obligation which is expressed to, or by its nature, survive expiry or termination of this agreement, will survive expiry or termination of this agreement and are enforceable at any time at law or in equity.
No agency, principal-agent, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by this agreement.
This agreement, any other documents referred to in it, represent the entire agreement between us and you in relation to the subject matter and supersedes any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing, or in some other format).
The Amicitia App is created and controlled by Amicitia in the Australian Capital Territory, Australia. As such, the laws of the Australian Capital Territory, Australia, will govern this agreement.
By using the Amicitia App and the Services you submit to the exclusive jurisdiction of the courts of Australian Capital Territory, Australia and agree that any legal action will only be commenced in this forum.
DEFINITIONS
In this agreement, the following words shall have the following meanings:
Account has the meaning in clause 4.1.
Acceptable Use Policy has the meaning in clause 7.1.
Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.
Amicitia, we, our or us has the meaning in clause 1.1, and where the context permits, includes our Personnel and Affiliates.
Amicitia App has the meaning in clause 1.1, including any systems, Content and server software, the computer hardware, tools, application, database, systems, and all Intellectual Property Rights contained therein, provided or otherwise made available by us.
Amicitia IP has the meaning given to it by clause 10.1.
Business Day means any day which is not a Saturday, Sunday or public holiday in the Australian Capital Territory, Australia.
Business Hours means 9:00am to 5:00pm on Business Days.
Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
Commencement Date has the meaning in clause 3.
Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the Commencement Date as a likely result of breach of the agreement:
direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense;
loss of revenue, profit, income, bargain, opportunity, use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data or reputational loss or damage, loss earnings, emotional distress or injury to feelings or loss of privacy;
costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by another user of third party; or
loss or damage of the nature set out above in clauses (i) to (iii) (inclusive) that is incurred or suffered by or to a third party.
Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the Amicitia App.
Force Majeure Event has the meaning in clause 18.
Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world.
Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including legal and other professional costs and Consequential Loss.
Personnel means any director, officer, employee or contractor of the party.
Personal Information means data by which a person may be personally identified, including a person's name, postal address, email address, telephone number and any other information a party collects, including that which is defined as personal or personally identifiable information under any applicable Privacy Laws.
Password has the meaning in clause 4.1.
Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended) and the Australian Privacy Principles, and any other legislation, codes and policies relating to the handling of Personal Information applicable to the jurisdiction in which you are located.
Privacy Policy means our privacy policy available on the Amicitia App, our Website or any other internet site notified by us from time to time, which is incorporated into this agreement.
Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements and Privacy laws, anywhere in the world.
Services has the meaning in clause 2.1.
Term has the meaning in clause 3.
Third Party Content means all data, content, materials and information (including text, images, graphics, logos, video and audio clips and links) that are provided by third parties or are identified as belonging to, or sourced from third parties.
Website means the website located at www.amicitia.com.au and any other website notified by us from time to time.
you or your has the meaning in clause 1.3.
User Content means all data, content, materials and information (including information, text, images, graphics, logos, video and audio clips and links):
uploaded to, posted or stored on, the Amicitia App by you or other users of the Amicitia App;
transmitted by the Amicitia App at your instigation or at the instigation of other users of the Amicitia App;
supplied by you or other users of the Amicitia App for uploading to, transmission by, or storage on, the Amicitia App; or
generated by the Amicitia App as a result of the use of the Services by you or other users of the Amicitia App;
but excluding Amicitia IP
User Name has the meaning given to it in clause 4.3.
User Profile has the meaning given to it in clause 4.2(b)
CONTACT US
If you have any questions, concerns, or requests regarding this Privacy Policy or how we handle your personal data, please contact us:
Veil Solutions Pty Ltd
Email: admin@amicitia.com.au
Website: amicitia.com.au
Address: Lot 2, 18 Waincourt Road, Eurobodalla Shire NSW 2545, Australia
In-app: Use the 'Contact Us' option in the App under Settings > Help & Support
We aim to respond to all privacy-related inquiries within 30 days.