3AM Terms of Service

Last updated: 16 October 2026

These Terms of Service govern your access to and use of the 3AM application — a sleep companion and sleep tracking application with offline AI — and all related services, features, content, and functionality (collectively, the “App”).

IMPORTANT: By downloading the application or accessing or using the App in any manner, you acknowledge that you have read, understood, and expressly agree to be bound by these Terms. If you do not agree, you must not access or use the App.

1. Acceptance and Contractual Framework

1.1 These Terms of Service (“Terms”) constitute a legally binding and enforceable contract between you (“the User,” “you,” or “your”) and Base Analytics Pty Ltd (ACN/ABN 88 666 144 609), the owner and operator of the 3AM application (“3AM,” “we,” “our,” or “us”).

1.2 By accessing, browsing, downloading the application, or otherwise using the App, you acknowledge that you have read, understood, and voluntarily agree to be bound by these Terms, together with the 3AM Privacy Policy and any additional terms incorporated by reference.

1.3 If you do not agree to any provision of these Terms, you must immediately cease all access to and use of the App and delete the application from all your devices.

1.4 We reserve the right, at our sole and absolute discretion, to modify, amend, or update these Terms at any time, with or without prior notice. Your continued use of the App following the posting of any modified Terms constitutes your unconditional acceptance of such modifications. It is your responsibility to review these Terms periodically.

2. Eligibility

2.1 The App is intended for individuals who are at least thirteen (13) years of age. By downloading and using the App, you represent and warrant that you are at least 13 years of age. If you are under 18, you represent that you have obtained the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2.2 The App does not require the creation of a user account, and we do not collect registration information. Any preferences, settings, or records created within the App are stored locally on your device.

2.3 You are solely responsible for maintaining the security of your device and for all activity that occurs on it in connection with the App. You agree to notify us immediately of any unauthorised use of the App or any other breach of security of which you become aware.

2.4 We reserve the right, in our sole discretion, to modify, suspend, or discontinue the App or any component, feature, or functionality thereof at any time, for any reason or no reason, with or without notice, and without liability to you or any third party.

3. Grant of Licence

3.1 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the 3AM application on a compatible device that you own or control, for your personal, non-commercial purposes only.

3.2 You acknowledge that the App, including all software, code, algorithms, artificial intelligence models, graphics, user interface elements, data structures, and underlying technology, constitutes proprietary intellectual property owned exclusively by Base Analytics. You acquire no ownership, title, or interest in the App or any component thereof by virtue of these Terms.

3.3 Except as expressly permitted in these Terms, you shall not: (a) copy, modify, adapt, translate, or create derivative works of the App or any component thereof; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, or underlying algorithms of the App; (c) rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the App to any third party; (d) remove, alter, or obscure any copyright, trademark, or other proprietary notices appearing on or within the App; (e) extract, isolate, or repurpose any artificial intelligence model, model weights, or model outputs for use outside the App; or (f) use the App in any manner that violates applicable law or these Terms.

3.4 This licence is effective until terminated by you or by us. Your rights under this licence will automatically terminate without notice from us if you fail to comply with any provision of these Terms.

4. Ownership of Data and Intellectual Property

4.1 Your Data Belongs to You. All data generated by or collected through your use of the App — including sensor readings, audio processed by the App, sleep records, and AI-generated insights — is processed and stored exclusively on your device and remains under your control. We claim no ownership over this data, and we do not receive, access, collect, or store it on our systems.

4.2 Ownership of the App. All content and materials that are not user data, including but not limited to the overall design, layout, look and feel, colour schemes, fonts, algorithms, artificial intelligence models, software, and any content created, generated, or curated by Base Analytics, is and shall remain the sole and exclusive property of Base Analytics, protected by Australian and international copyright laws.

4.3 Trade Marks. The 3AM name, logo, and all related names, logos, product and service names, designs, and slogans are trade marks of Base Analytics or its affiliates. You shall not use such marks without our prior written permission. All other names, brands, and marks are the property of their respective owners.

4.4 Feedback and Suggestions. Any feedback, suggestions, ideas, improvements, or other intellectual property that you provide to us regarding the App shall become our sole and exclusive property. You hereby assign all right, title, and interest in and to such feedback to us without any obligation of compensation or attribution.

5. Acceptable Use and Prohibited Activities

5.1 You agree to use the App in compliance with all applicable local, state, national, and international laws, regulations, and ordinances.

5.2 You agree that you will not, and will not attempt to, directly or indirectly:

  • Use the App for any unlawful purpose or in violation of any applicable law or regulation;
  • Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the App or any component thereof;
  • Extract, isolate, repurpose, or redistribute any artificial intelligence model, model weights, or model outputs for use outside the App, or use them to develop a competing product;
  • Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the App or access thereto to any third party;
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices appearing on or within the App;
  • Introduce any viruses, worms, malware, Trojan horses, ransomware, spyware, or any other malicious code or software designed to interrupt, destroy, or limit the functionality of the App or any device, computer system, or network;
  • Interfere with, disrupt, or attempt to gain unauthorised access to the App, its underlying systems, or any connected networks or services;
  • Use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App;
  • Misrepresent the outputs or insights generated by the App as professional medical advice or as the advice of a qualified healthcare professional; or
  • Use the App for any commercial purpose, including reselling access, unless expressly authorised in writing by Base Analytics.

5.3 Violation of any provision of this Section may result in immediate suspension or termination of your licence to use the App, legal action, and reporting to law enforcement authorities, in our sole discretion and without prior notice.

6. Platform Availability and Modifications

6.1 We reserve the right, at any time, to modify, suspend, discontinue, or terminate the App or any component, feature, or functionality thereof, temporarily or permanently, with or without notice, and without liability to you or any third party.

6.2 We do not guarantee that the App will be available at any particular time or that it will operate without interruption, errors, delays, or defects. The App may be temporarily unavailable due to maintenance, updates, system failures, or factors beyond our reasonable control.

6.3 We may release updates, patches, or new versions of the App from time to time. You agree to install such updates promptly to continue using the App. Older versions of the App may cease to function at any time without notice.

7. Third-Party Services

7.1 The App may be distributed through third-party platforms (such as the Apple App Store or Google Play) and may contain links to third-party websites, applications, services, or resources (“Third-Party Services”). We provide such links for your convenience only and do not endorse, warrant, or make any representations regarding any Third-Party Services.

7.2 We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any Third-Party Services. Your use of any Third-Party Services is at your own risk and subject to the terms and conditions of such services.

7.3 You agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available through Third-Party Services.

8. Privacy and Data Protection

8.1 Your use of the App is subject to the 3AM Privacy Policy (set out below as Part 2 of this page), which is incorporated into these Terms by reference. By using the App, you acknowledge and agree to the data practices described in the Privacy Policy.

8.2 Offline-First Processing. The App is designed as an offline-first, privacy-first application. All personal data processed by the App — including microphone input, accelerometer sensor readings, light sensor readings, and AI-generated insights — is processed and stored exclusively on your device. We do not collect, transmit, or retain such data on our systems. The App’s artificial intelligence features run entirely on your device (on-device inference) and do not send your data to any external server, cloud service, or third party.

8.3 We implement reasonable technical and organisational security measures consistent with our privacy commitments. However, no system can be guaranteed to be 100% secure, and you acknowledge that the security of data stored on your device depends in part on the security of the device itself.

9. Health and Medical Disclaimer

9.1 3AM is a wellness and lifestyle product and is not a medical device. The App is not intended to diagnose, treat, cure, or prevent any disease or sleep disorder, including but not limited to insomnia, sleep apnoea, or any other medical or psychological condition.

9.2 The insights, scores, analyses, and recommendations provided by the App are for general informational and wellness purposes only and do not constitute medical advice, diagnosis, or treatment. They are not a substitute for the advice of a qualified healthcare professional.

9.3 You should always consult a qualified healthcare professional regarding any questions about your sleep, health, or any medical condition, and before making any changes to your health or sleep routines based on information provided by the App.

9.4 If you believe you may have a sleep disorder or other medical condition, or if you experience any concerning symptoms, seek professional medical advice promptly. If you believe you are experiencing a medical emergency, contact emergency services immediately.

10. Disclaimer of Warranties

10.1 THE APP, INCLUDING ALL CONTENT, FEATURES, AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BASE ANALYTICS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE; (C) WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR QUALITY OF ANY CONTENT, ANALYSIS, OR INSIGHT AVAILABLE ON OR THROUGH THE APP.

10.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

11. Limitation of Liability and Indemnification

11.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BASE ANALYTICS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSSES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

11.2 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF BASE ANALYTICS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE APP, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100.00).

11.3 Indemnification. You agree to indemnify, defend, and hold harmless Base Analytics, its directors, officers, employees, agents, affiliates, subsidiaries, licensors, and service providers from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees and disbursements) arising out of or in connection with: (a) your use of or access to the App; (b) your violation of any provision of these Terms; (c) your violation of any applicable law or regulation; (d) your infringement of any intellectual property rights or other rights of any third party; (e) your negligence, wilful misconduct, or fraudulent conduct; or (f) any dispute between you and any other user or third party relating to the App.

11.4 Consumer Guarantees. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other applicable law that cannot be excluded, restricted, or modified by agreement (“Non-Excludable Guarantees”). To the extent permitted by law, our liability for breach of any Non-Excludable Guarantee is limited, at our option, to: (a) the re-supply of the App or the payment of the cost of re-supplying the App; or (b) the repair or replacement of the application or the payment of the cost of repair or replacement.

12. Termination

12.1 We may suspend or terminate your licence and access to the App at any time, with or without cause, with or without notice, effective immediately, without liability to you or any third party.

12.2 Grounds for termination include, but are not limited to: (a) breach of any provision of these Terms; (b) conduct that we determine, in our sole discretion, is harmful to the App, our users, our brand, or our business interests; (c) requests by law enforcement or other government authorities; (d) discontinuation or material modification of the App; or (e) unexpected technical or security issues.

12.3 You may terminate these Terms at any time by uninstalling and deleting the App from all your devices. Upon termination, your right to access and use the App immediately ceases. You remain liable for all obligations incurred prior to termination.

12.4 Sections 4 (Ownership of Data and Intellectual Property), 5 (Acceptable Use and Prohibited Activities), 9 (Health and Medical Disclaimer), 10 (Disclaimer of Warranties), 11 (Limitation of Liability and Indemnification), 12 (Termination), 13 (Governing Law and Dispute Resolution), and 14 (General Provisions) shall survive any termination of these Terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law. These Terms and any dispute, controversy, claim, or proceeding arising out of or in connection with them or their subject matter, formation, or validity, shall be governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia, without regard to any conflict of laws principles that would require the application of the laws of any other jurisdiction.

13.2 Exclusive Jurisdiction. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia, Australia, and any appellate courts therefrom, for the resolution of any dispute, controversy, or claim arising out of or relating to these Terms or the App. You agree not to commence or prosecute any legal proceeding against Base Analytics in any jurisdiction other than the courts of Western Australia.

13.3 Waiver of Jury Trial. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP.

13.4 Class Action Waiver. YOU AGREE THAT ANY LEGAL PROCEEDING AGAINST BASE ANALYTICS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEEDING AGAINST BASE ANALYTICS.

13.5 Informal Resolution. Before commencing any legal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at support@baseanalytics.com.au. If the dispute cannot be resolved within thirty (30) days of your initial notification, you may then commence legal proceedings in accordance with this Section. This provision shall not apply to claims for urgent injunctive or equitable relief.

13.6 Time Limitation. You agree that any claim or cause of action arising out of or related to these Terms or the App must be commenced within one (1) year after the cause of action accrues; otherwise, such claim or cause of action is permanently barred.

14. General Provisions

14.1 Entire Agreement. These Terms, together with the 3AM Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire and exclusive agreement between you and Base Analytics with respect to the subject matter hereof, and supersede all prior agreements, understandings, negotiations, and communications, whether written or oral.

14.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect, provided that the essential economic and legal intent of the parties as reflected in the severed provision is preserved to the maximum extent possible.

14.3 Waiver. No failure or delay by Base Analytics in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. No waiver shall be effective unless in writing and signed by an authorised representative of Base Analytics.

14.4 Assignment. You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign, transfer, or delegate these Terms or any of our rights or obligations hereunder, in whole or in part, at any time, without notice or consent, to any affiliate or successor entity, or in connection with any merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets.

14.5 Relationship of Parties. No provision of these Terms shall be deemed to create any partnership, joint venture, agency, franchise, or employment relationship between you and Base Analytics. You are an independent user of the App and have no authority to bind Base Analytics in any manner whatsoever.

14.6 Force Majeure. Base Analytics shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, strikes, labour disputes, pandemic, epidemic, government action, internet outages, server failures, cyberattacks, power outages, or failure of third-party infrastructure or services.

14.7 Notices. All notices required or permitted under these Terms shall be in writing and delivered by email to support@baseanalytics.com.au. Notices to you may be delivered via the App or the platform through which the App was distributed. Notices are deemed received on the day of transmission if sent during business hours, or on the next business day if sent outside business hours.

14.8 Interpretation. The headings and section titles in these Terms are for convenience only and shall not affect the interpretation or construction of any provision. The words “include” and “including” shall be construed as “including without limitation.” The singular shall include the plural and vice versa. References to “applicable law” include all statutes, regulations, ordinances, orders, and directives of any government authority.

14.9 Language. These Terms are written and executed in the English language. Any translation of these Terms into another language is for reference purposes only, and in the event of any inconsistency or conflict between the English version and any translated version, the English version shall prevail.

15. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us:

Base Analytics Pty Ltd

Perth, Western Australia

Email: support@baseanalytics.com.au

ABN: 88 666 144 609


3AM Privacy Policy

Last updated: 16 October 2026

1. Introduction

Base Analytics Pty Ltd (ABN 88 666 144 609) (“Base Analytics,” “we,” “our,” or “us”) owns and operates the 3AM application — a sleep companion and sleep tracking application with offline artificial intelligence (“3AM,” the “App”). This Privacy Policy explains how we handle information in connection with your access to and use of the App and all related services, features, content, and functionality. This Privacy Policy applies to all users of the App.

2. Our Privacy-First Commitment

3AM is built on a simple principle: your data stays on your device. Everything the App does — including sleep tracking, sound analysis, sensor measurement, and artificial intelligence processing — happens locally on your phone. Nothing is uploaded, transmitted, or synced to us or to any third party.

We do not operate servers that receive your sleep data. We do not have accounts, cloud storage, or remote databases containing your information. We cannot see your sleep records, your audio, your sensor readings, or your insights — because they never leave your device.

This approach — privacy by design and by default — means that for most of the information the App processes, there is simply nothing for us to collect, use, disclose, or protect, because we never receive it in the first place.

3. How 3AM Processes Data (Sensors and Artificial Intelligence)

To provide its sleep companion and sleep tracking features, the App accesses the following device capabilities. In every case, the data is processed locally on your device and is not transmitted to us or any third party:

3.1 Microphone

With your permission, the App may access your device’s microphone to analyse sounds during your sleep — such as snoring, breathing patterns, and environmental noise — in order to provide sleep analysis and companion features. Audio is processed in real time on your device. It is not recorded, stored, or transmitted to us or to any third party, and we cannot access it.

3.2 Accelerometer (Motion Sensor)

With your permission, the App may access your device’s accelerometer to detect movement during your sleep — such as position changes and restlessness — in order to provide sleep tracking and analysis. Motion data is processed locally on your device and is not transmitted to us or to any third party.

3.3 Light Sensor

With your permission, the App may access your device’s light sensor to measure ambient light levels — for example, to help analyse your sleep environment and correlate light exposure with sleep quality. Light sensor readings are processed locally on your device and are not transmitted to us or to any third party.

3.4 On-Device Artificial Intelligence

3AM uses artificial intelligence models to analyse your sleep patterns and generate insights, summaries, and recommendations. These AI models run entirely on your device (on-device inference). No data — including your audio, sensor readings, or sleep records — is sent to any external server, cloud service, or third-party AI provider for processing. Your data is never used to train our models or anyone else’s models.

4. Information We Collect

4.1 We do not collect personal information through the App. The App is designed so that all data it processes — microphone input, accelerometer readings, light sensor readings, sleep records, and AI-generated insights — remains on your device and under your control. We do not receive, collect, transmit, or store this information on our systems.

4.2 No accounts, no registration. The App does not require you to create an account, and we do not collect your name, email address, phone number, or any similar identifiers through the App.

4.3 If you contact us. If you contact us for support or with questions (for example, by email to support@baseanalytics.com.au), we will receive the information you choose to include in your communication, such as your email address and the contents of your message. We use this information solely to respond to you and for related support purposes.

4.4 App store platforms. When you download the App through a third-party platform (such as the Apple App Store or Google Play), that platform may collect information in accordance with its own privacy policy, including download statistics and crash reports. This is outside our control and is not linked to us by us.

5. Permissions We Request

The App requests access to the following device capabilities, which are used exclusively for the purposes described in Section 3 and can be controlled by you at any time:

  • Microphone: to analyse sounds during sleep (such as snoring and breathing patterns) for sleep tracking and companion features — processed in real time on your device;
  • Motion / accelerometer: to detect movement during sleep for sleep tracking and analysis — processed on your device;
  • Light sensor: to measure ambient light levels for sleep environment analysis — processed on your device.

You can grant or revoke these permissions at any time through your device settings. If you revoke a permission, the related features of the App may not function, but the App will remain usable to the extent possible.

6. How Your Data Is Stored

All data processed or generated by the App is stored locally on your device. Your sleep records and insights are protected by your device’s built-in security features, including device-level encryption where enabled on your device.

We cannot access this data, and since we do not receive it, there is no copy of it on any server, cloud service, or backup system operated by us.

You remain in control of your data at all times. You can delete your data at any time by clearing the App’s data or uninstalling the App from your device. If you use device-level backup services (such as iCloud or Google backups), your device backup settings determine whether App data is included in backups, and such backups are governed by the backup provider’s terms and privacy policy, not ours.

7. Data Sharing and Disclosure

We do not sell, rent, trade, or otherwise share your personal information. Because we do not receive or store your data on our systems, there is no data for us to share, sell, or disclose to advertisers, data brokers, analytics providers, or any other third party.

The App does not contain third-party advertising and does not share your information with advertising networks or data brokers.

8. Data Retention

We retain no data about you on our systems in connection with the App, because we do not receive any. Your data persists on your device for as long as you choose to keep it and is deleted when you clear the App’s data, uninstall the App, or delete the underlying records.

If you contact us for support, we retain the correspondence (including your email address) for as long as reasonably necessary to handle your request and for a reasonable period afterwards for record-keeping purposes, after which it is deleted.

9. Tracking and Analytics

The App does not use cookies, advertising identifiers, tracking pixels, or third-party analytics or tracking technologies. We do not track your activity within the App, we do not build user profiles, and we do not deliver targeted advertising. There is no tracking to opt out of because none exists.

10. Data Security

Because 3AM processes your data locally on your device, the risk of data exposure in transit or on remote servers is eliminated by design. There is no transmission of your sleep data over the internet, and there is no cloud storage of your data by us that could be breached.

The security of your data depends on the security of your device. We recommend that you protect your device with a passcode, biometric authentication, and keep your operating system up to date.

While we design the App with privacy and security in mind, no method of electronic storage is completely secure. You acknowledge and accept the inherent risks of storing data on your device.

11. International Data Transfers

Because we do not receive, collect, or store your data on our systems, we do not transfer your personal information internationally. If you contact us for support, your correspondence may be processed in Australia, where we are based.

12. Your Rights

Under applicable privacy laws, including the Australian Privacy Act 1988 (Cth) and, where applicable, the GDPR, you may have rights regarding your personal information, including rights of access, correction, deletion, restriction, portability, objection, and withdrawal of consent.

Because the App keeps your data on your device and we do not receive it, you can exercise most of these rights directly: you can access, correct, export, or delete your data at any time through the App and your device settings. We cannot access, correct, export, or delete data that we do not hold.

If you have contacted us, you can ask us to access, correct, or delete the correspondence we hold about you by contacting us using the details in Section 15 below.

Where the GDPR applies to any processing we carry out (for example, handling your support correspondence), our legal bases are: your consent; the performance of a contract with you or steps at your request before entering a contract; our legitimate interests in operating and supporting the App, provided such interests are not overridden by your rights and interests; and compliance with legal obligations. You have the right to withdraw consent at any time where processing is based on consent, without affecting the lawfulness of processing based on consent before its withdrawal. You also have the right to lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au or by calling 1300 363 992, or with your local data protection authority in the EEA or UK.

13. Children's Privacy

The App is not directed at individuals under the age of 13. We do not knowingly collect personal information from children under 13. Because the App does not transmit data to us, we do not receive personal information from any user; nevertheless, the App is intended for users aged 13 and over, and users under 18 should use the App only with the consent of a parent or legal guardian.

14. Changes to This Privacy Policy

We reserve the right to modify, amend, or update this Privacy Policy at any time. We will notify you of material changes by posting the updated Privacy Policy on this page and updating the “Last updated” date. Where required by law, we will provide more prominent notice.

We encourage you to review this Privacy Policy periodically.

15. Contact Us

Base Analytics Pty Ltd

Perth, Western Australia

Email: support@baseanalytics.com.au

ABN: 88 666 144 609

For privacy complaints, we will acknowledge receipt within five (5) business days and investigate and respond within thirty (30) days. If you are dissatisfied with our response, you may refer your complaint to the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au or by calling 1300 363 992.