Last updated: 2/07/2026

Who we are and how to contact us

These Terms and Conditions (“Terms”) are a legal agreement between you and Chirp Up Limited; a company registered in New Zealand (we, us). Our contact email is hello@chirpup.co. These Terms apply to your use of the Chirp Up mobile application (the “App”) available on the Apple App Store and Google Play. The App is offered worldwide, including in New Zealand, and these Terms apply to all users regardless of location.

What our App does (and does not do)

The App offers games and activities designed to help children build positive mental wellbeing and healthy habits. It is an educational and wellness tool only. It is not a medical device, is not a certified psychology or therapeutic app, and does not provide professional, clinical, medical, psychological, or crisis advice. If you need medical or mental health support, contact a qualified professional or emergency services immediately (in New Zealand, call 111; in other countries, use your local emergency number). For non‑emergency mental health support, consider contacting local helplines such as 1737 (New Zealand), Lifeline, or your local mental health services.

Who can use the App

The App is intended for children and families. If you are under 18, you must have permission from your parent or legal guardian to use the App. Parents and guardians are responsible for supervising their child’s use, setting any device‑level controls, and ensuring the App is appropriate for their child.

Your account and parental controls

Some features may require creating a parent/guardian account or enabling parental controls. You agree to provide accurate information and to keep login details secure. We may use reasonable methods to verify that consent comes from a parent or guardian where required. You must tell us promptly if you believe your account is being used without permission.

App store terms

When you download the App, you also agree to the terms and rules of the Apple App Store or Google Play, as applicable. If these Terms conflict with the app store rules, the app store rules apply to the extent of the conflict.

Content and acceptable use

You agree to use the App lawfully and respectfully. Do not attempt to interfere with the App’s operation, misuse others’ personal information, upload harmful content, or use the App in a way that may harm a child’s wellbeing. We may suspend or end access if you breach these Terms or if required by law, safety, or platform policies.

In‑app purchases and subscriptions

If the App offers paid content or subscriptions, prices will be shown in‑app before purchase. Payments are processed by Apple or Google. Renewals and cancellations are managed through your app‑store account settings and their policies apply. To the extent permitted by New Zealand law, fees are non‑refundable except as required by the app store or by the Consumer Guarantees Act 1993 and Fair-Trading Act 1986. Nothing in these Terms limits your non‑excludable rights under New Zealand consumer law.

Information and privacy

We handle personal information in line with New Zealand’s Privacy Act 2020 and our Privacy Policy, which explains what we collect, how we use it, who we share it with, and your rights. Please read the Privacy Policy carefully. If anything in these Terms conflicts with the Privacy Policy on a privacy matter, the Privacy Policy applies.

Safety and wellbeing

We design the App to be age‑appropriate and positive. However, each child is different. Parents and guardians should consider whether features are suitable, supervise use, and seek professional support where needed. Our content is provided “as is” for general information and educational purposes only. We do not guarantee that using the App will achieve any particular wellbeing outcome.

Intellectual property

We and our licensors own all rights in the App and its content, including logos, designs, text, graphics, audio, video, code, and features. You are granted a limited, personal, non‑transferable, non‑exclusive license to use the App for its intended purpose in accordance with these Terms. You must not copy, modify, reverse engineering, distribute, or create derivative works except as allowed by law.

Third‑party services

The App may link to third‑party websites or services. We are not responsible for their content, policies, or practices. Please review their terms and privacy policies.

Availability and changes

We aim to keep the App available and up to date, but we do not guarantee uninterrupted access. We may change, suspend, or discontinue features, or require updates. If we make material changes to these Terms, we will notify you by reasonable means (for example, in‑app notice) and the updated Terms will apply from the effective date stated.

Liability

To the maximum extent permitted by New Zealand law:

• • we are not liable for indirect, incidental, special, or consequential losses, loss of data, or

loss of profits arising from use of the App; and

• • our total aggregate liability for any claims relating to the App is limited to the greater of

NZD $100 or the amount you paid us (if any) in the 12 months before the event giving rise to the claim. Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability under the Consumer Guarantees Act 1993 or for intentional misconduct.

Children’s data and advertising

We do not allow behavioural advertising to children. If advertising or sponsorship is used, it will be age‑appropriate and compliant with New Zealand standards. See the Privacy Policy for details on data practices and parental choices.

Governing law and disputes

These Terms are governed by New Zealand law. For users outside New Zealand, you agree that New Zealand law governs these Terms, though you may also have the benefit of mandatory consumer protections under the laws of your country of residence that cannot be excluded. The New Zealand courts have non-exclusive jurisdiction, but nothing in these Terms prevents you from bringing proceedings in your local courts where permitted by law. Consumers retain all mandatory protections under their local law.

Contact and complaints

If you have questions or concerns, contact us at hello@chirpup.co. For privacy matters, see the “How to contact us” section of the Privacy Policy. You may also contact the Office of the Privacy Commissioner (privacy.org.nz) for privacy concerns.

Entire agreement

These Terms and our Privacy Policy are the entire agreement between you and us regarding the App. If a court finds part of these Terms invalid, the rest remains in effect. Our failure to enforce a term is not a waiver.

Privacy Policy

Last updated: [insert date]

About us and this notice

This Privacy Policy explains how chirpupcompany@gmail.com (we, us) collects, uses, discloses, and protects personal information in the Chirp Up mobile application. The App is available worldwide, and we follow the New Zealand Privacy Act 2020 as our primary framework, along with applicable guidance for children’s privacy. Where you access the App from outside New Zealand, we will also comply with applicable local privacy and data protection laws. This Policy is written in clear, accessible language for families and young users, with extra detail for parents and guardians.

Commented [RB1]: Kirsty – this is something you will need

to make sure of.

The information we collect

We aim to collect the minimum information needed to run and improve the App safely.

Commented [RB2]: Kirsty: you should ask your app

developer if the app is going to meet privacy rules etc

Commented [RB3]: Confirm with developer.

• • Information you or a parent provides: parent/guardian email, display name or child

nickname, age range or birth month/year (to set age‑appropriate experiences), and parental consent records. We do not ask children for full names or precise contact details.

• • App use information: non‑precise analytics about features used, time spent, general

progress, achievement badges, and in‑app settings. We design analytics to avoid identifying a child where possible.

• • Device information: device type, operating system version, app version, language,

country/region (non‑precise), and crash diagnostics.

• • Purchases: subscription status and purchase confirmations from Apple/Google. We do

not receive your full payment card details.

• • Communications: messages you send to our support team and your contact preferences.

We do not intentionally collect sensitive health information or clinical records. The App does not provide clinical assessments or diagnoses.

How we use information

We use information to:

• • provide, maintain, and secure the App and your account;
  • tailor content to the child’s age range and progress;
  • enable parental controls and verify parental consent;
  • process subscriptions and manage entitlements;
  • fix bugs, improve features, and understand what is helpful for children’s wellbeing;
  • communicate service messages, updates, and important safety notices to

parents/guardians;

• • comply with law, respond to safety concerns, and prevent misuse or fraud.

We do not use children’s personal information for behavioural advertising. We do not sell personal information.

Our legal basis (New Zealand)

We collect personal information only where it is reasonably necessary for our functions and with a lawful purpose. For children, we obtain and rely on parental or guardian consent where required or appropriate. In all cases, we follow the Privacy Act 2020 information privacy principles, including being open about purposes, collecting only what we need, keeping it secure, and enabling access and correction.

Parental consent and control

For users under 18, a parent or guardian should consent to supervise the use of the App. We may use reasonable methods to verify consent, such as email confirmation or app‑store family settings. Parents/guardians can review, update, or delete their child’s profile information, withdraw consent, or request account deletion by contacting us (see How to contact us).

Disclosing information

We share information only as needed to provide the App or as required by law:

• • Service providers: trusted vendors that host our systems, provide analytics, crash

diagnostics, customer support tools, and payment processing via Apple/Google. They must follow our instructions, use strong security, and cannot use children’s data for their own purposes.

• • Legal and safety: if required by law, court order, or to protect a person’s vital interests

or safety.

• • Business changes: if we undergo a merger, acquisition, or restructuring, we will ensure

protections continue and give notice of any material changes. We do not disclose children’s personal information to third parties for their advertising or marketing.

International transfers

The App is offered worldwide, and some service providers may be located outside New Zealand or your country of residence. Before disclosing personal information overseas, we take steps to ensure comparable safeguards, such as using providers bound by privacy protections that are overall comparable to New Zealand’s or obtaining authorisation after informing you of the risks. You can contact us for details of relevant safeguards.

Data retention

We keep personal information only for as long as needed for the purposes described, for legal or accounting requirements, or to resolve disputes. If a parent/guardian deletes an account or withdraws consent, we will delete or de‑identify children’s personal information, unless we need to keep it for legal reasons.

Security

We use administrative, technical, and physical safeguards appropriate to the sensitivity of the information, including encryption in transit, access controls, and regular security reviews. While we work hard to protect information, no online service can be 100% secure.

Children’s privacy

We design with children’s best interests in mind. We minimise data collection, avoid behavioural ads, and present experiences suitable for age ranges. We encourage parents and guardians to talk with children about privacy and safe digital habits and to supervise use of the App.

Your privacy rights

You (and parents/guardians on behalf of children) have rights to:

• • request access to the personal information we hold;
  • request correction of personal information if it is inaccurate or incomplete;
  • withdraw consent and request deletion of a child’s account and data (subject to our

legal obligations);

• • complain to us, and if unresolved, to the Office of the Privacy Commissioner

(privacy.org.nz). We will respond within a reasonable time and may need to verify identity to protect users.

Communications

We may send service and safety messages to parents/guardians. We send marketing messages to adults only where permitted by law and you can opt out at any time. We do not send direct marketing to children.

Cookies and similar technologies

If we use cookies or similar technologies on our websites or within web‑views, we will keep them to what is necessary for the service, security, and basic analytics, and we will avoid tracking that profiles children across services.

Third‑party links

The App may include links to third‑party sites or content. Their privacy practices are their own. Please review their privacy policies before providing any information.

Changes to this Policy

We may update this Policy to reflect changes in our practices or the law. If we make material changes, we will notify parents/guardians by reasonable means (for example, an in‑app notice or email) before the changes take effect. The “Last updated” date shows when this Policy was last revised.

How to contact us

If you have questions or requests about privacy or this Policy, or if you want to access, correct, or delete personal information, please contact our Privacy Officer:

• • Email: hello@chirpup.co
  • Address: TOP LINE ACCOUNTANTS LIMITED, 98 Vickery Street, Te Rapa, Hamilton, 3200,

New Zealand

• • If you are not satisfied with our response, you can contact the Office of the Privacy

Commissioner at privacy.org.nz.

Important notices

• • Not medical advice: The App is not a medical or clinical service and should not be used

for diagnosis or treatment decisions. Seek professional help if you are concerned about a child’s mental health or safety.

• • Emergencies: If anyone is at risk of harm, call 111 in New Zealand, or your local

emergency number if you are outside New Zealand, immediately.