These Terms and Conditions (the Terms) govern your access to and use of the Small Hours website, mobile application, and related services (together, the Service) provided by J W Horneman Pty Ltd (ABN 23 607 125 217), trading as Small Hours(also referred to in these Terms as we, us, or our).
By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
1. About Small Hours
Small Hours is a private digital journaling platform that helps families document a baby's neonatal intensive care unit (NICU) journey through daily entries, photos, milestones, and a glossary of NICU-related terms, with the option to export entries as a printed keepsake book.
Small Hours is not a healthcare provider, medical device, diagnostic tool, or substitute for professional medical advice. The medical glossary and any educational content provided through the Service are for general information only. Always seek the advice of a qualified health professional regarding any medical condition or treatment.
2. Eligibility
To use the Service you must:
- be at least 18 years of age;
- have legal capacity to enter into a binding contract; and
- where you record information about a child, be the parent or legal guardian of that child, or have the express permission of a parent or legal guardian.
The Service is not directed to children under 16 and we do not knowingly create accounts for minors. Information about a baby or child is recorded by the adult account holder.
3. Your Account
You are responsible for:
- providing accurate registration information and keeping it up to date;
- maintaining the confidentiality of your login credentials;
- all activity that occurs under your account; and
- promptly notifying us at hello@smallhours.app of any unauthorised access.
We may refuse, suspend, or terminate accounts where we reasonably believe these Terms have been breached or where required by law.
4. Free During Early Access
Small Hours is currently in early access. During this period the Service is provided to all signed-in users free of charge. We do not currently charge subscription, recurring, one-time, or in-app purchase fees through this Service.
Journal entries, care notes, milestones, appointments, the medical glossary, scrapbook backgrounds, photos, and family sharing (up to four additional members) are all included for every signed-in user. There are no paid tiers, no upgrades, and no checkout flow active at this time.
If we introduce paid features in the future, we will update these Terms and give you reasonable notice before any fees are charged. You will not be charged for continuing to use the features available during early access.
5. Your Content
Your Content means anything you upload, enter, or generate through the Service, including journal entries, photos, baby and family details, milestones, and notes.
5.1 Ownership
You retain all rights to Your Content. We do not claim ownership of it.
5.2 Licence to operate the Service
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, and process Your Content solely to provide and improve the Service for you. For example, to render it in the app, generate scrapbook layouts, send it to a print partner if you order a book, or back it up. This licence ends when you delete the relevant content or close your account, except for backups retained for the period described in our Privacy Policy.
5.3 Your responsibilities
You represent and warrant that:
- you own Your Content or have all necessary rights and permissions to upload it;
- you have authority to record information about any person depicted or described in Your Content, including any child, family member, or invited collaborator; and
- Your Content does not infringe any third-party right or breach any law.
5.4 Family sharing
Account holders may invite up to four (4) additional members to view and contribute to a baby's journal. The account holder is responsible for who they invite, what those invitees can see, and ensuring that any adult invitee has consented to having an account created. Invited members are bound by these Terms when they accept an invitation.
6. Acceptable Use
You agree not to:
- use the Service for any unlawful purpose;
- upload content that is unlawful, defamatory, harassing, abusive, sexually explicit involving minors, or otherwise inappropriate;
- upload another person's personal or health information without their (or their guardian's) consent;
- attempt to gain unauthorised access to the Service or other users' accounts;
- reverse engineer, decompile, or disassemble the Service except as permitted by law;
- scrape, copy, or resell the Service or its content (other than Your Content); or
- use the Service to send spam or malicious code.
We may remove content or suspend accounts that we reasonably believe breach this clause.
7. Medical Disclaimer
The Service, including the NICU glossary and any educational material, is for general information only. It is not medical advice, diagnosis, or treatment, and is not a substitute for advice from your treating clinicians. Never disregard professional medical advice or delay seeking it because of something you have read or recorded in the Service. In an emergency, call your local emergency number.
You acknowledge that any information you record about a baby's medical care is recorded by you for your own personal use, and that we are not the source of, or responsible for, that information.
8. Service Availability and Changes
We aim to keep the Service available at all times but do not guarantee uninterrupted access. The Service may be unavailable for maintenance, updates, or reasons beyond our control. We may add, change, or discontinue features and will provide reasonable notice of material changes.
9. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, including guarantees as to acceptable quality and fitness for purpose. For major failures with the Service, you are entitled to a refund or, where applicable, replacement, and to compensation for reasonably foreseeable loss or damage.
10. Disclaimers and Liability
To the maximum extent permitted by law, and subject to clause 9:
- the Service is provided on an as is and as available basis, without warranties of any kind, express or implied;
- we do not warrant that the Service will be error-free, secure, or meet your requirements;
- we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or anticipated savings, however arising; and
- our total aggregate liability arising out of or in connection with the Service or these Terms is limited to the greater of (a) the amount you paid us in the 12 months before the event giving rise to the liability, or (b) AUD 100.
You are solely responsible for keeping independent backups of Your Content. Although we take reasonable steps to back up the Service, we cannot guarantee against data loss.
11. Indemnity
You agree to indemnify and hold harmless Small Hours and its directors, officers, employees, and contractors from any claim, loss, damage, or cost (including reasonable legal fees) arising from:
- Your Content;
- your breach of these Terms; or
- your violation of any law or third-party right.
12. Termination
You may close your account at any time from your account settings or by emailing hello@smallhours.app.
We may suspend or terminate your account if you materially breach these Terms, if required by law, or if your account has been inactive for an extended period. We will give you reasonable notice where practical.
On termination, your right to use the Service ends. Provisions that by their nature should survive termination (including clauses 5.1, 7, 9, 10, 11, and 14) will survive.
13. Changes to These Terms
We may update these Terms from time to time. If we make material changes we will notify you by email and/or in-app notice at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may close your account before the changes take effect.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from those courts, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.
15. General
- Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Service.
- Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a sale of our business.
- Severability. If any provision is held unenforceable, the remaining provisions continue in full force.
- No waiver. Our failure to enforce a right is not a waiver of that right.
- Notices. We may give notices by email to the address on your account, or by posting them on the website.
16. Contact
J W Horneman Pty Ltd (ABN 23 607 125 217)
Email: hello@smallhours.app