Terms and Conditions

Last Updated: (25/06/2025)

(These Terms and Conditions constitute a legally binding agreement between the user (“you”) and SALUSTORY PTY LTD (“SaluStory”, “we”, “us”). By downloading or using the SaluStory mobile application or related services, you agree to be bound by these Terms. If you do not agree, please do not use the app.)

1. Definitions

• “SaluStory” or “Service” – The SaluStory mobile application, website, and related services, including all features, content, and support provided by SALUSTORY PTY LTD.
• “User” or “You” – The individual using SaluStory. If you are a caregiver using the app for a child, “you” includes both yourself (the account holder) and, where appropriate, the child whose information is managed (though the child is not a party to this contract).
• “We” or “Us” – SALUSTORY PTY LTD (ABN 46 684 422 017), the Australian private company that owns and operates SaluStory.
• “Content” – All information, text, graphics, images, software, and other material accessible through SaluStory. This includes content we provide (like educational articles or app interface elements) and User-Generated Content (the data you input about your child’s health, notes, photos, etc.).
• “Subscription” – Any paid plan for using SaluStory, such as a monthly subscription after a free trial period, which provides continued access to premium features of the Service.

2. SaluStory is Not Medical or Emergency Services

Informational Purpose Only: SaluStory is designed to help caregivers record and organise health information. It is not a medical device or medical service. The app and its content do not constitute medical advice, diagnosis, or treatment. We do not guarantee that any information (such as symptom summaries or suggestions) is accurate, up-to-date, or applicable to your specific situation. Any health related insights provided are for general informational support only, not personalised medical guidance.

No Doctor-Patient Relationship: Using SaluStory does not create a doctor-patient (or any healthcare provider-patient) relationship between you and SALUSTORY PTY LTD. We are not healthcare professionals; we are a technology provider. The app’s content is not a substitute for professional medical advice or judgment. You should always consult a qualified healthcare provider for advice about any health concerns you have regarding your child. Never disregard professional medical advice or delay seeking it because of something you read or recorded in SaluStory.

Not for Emergencies: SaluStory is not intended for use during medical emergencies. The app is not monitored 24/7 and it cannot contact emergency responders. If you believe your child or anyone else is experiencing a medical emergency or a serious health crisis, call emergency services immediately (in Australia, dial 000) or seek urgent medical attention. Do not rely on the app to handle emergency situations. We are not liable for any outcomes if the app is improperly used in an emergency context.

Accuracy and Limitations: While we strive to keep the app functional and the general health information (like articles or tips) accurate and current, we make no warranties about the completeness or accuracy of any content. Health knowledge evolves, and SaluStory may not cover all symptoms, conditions, or treatments. The app might not recognise if information you input is indicative of a serious issue – it’s largely a record-keeping tool. You are responsible for interpreting the data and seeking medical advice. Any reliance you place on information from the app is at your own risk. We strongly recommend using SaluStory as a supplement to, and not a replacement for, professional healthcare consultations.

Regulatory Status: SaluStory is not a regulated medical device under the Australian Therapeutic Goods Administration (TGA) framework. It is not designed to perform any clinical assessments or real-time monitoring that would require regulatory approval. It is provided as a general wellness and organizational tool.

By accepting these Terms, you acknowledge the above and agree that you understand SaluStory’s limitations. You must use your own judgment when managing health and always err on the side of caution by seeking professional help when in doubt.

3. User Eligibility and Accounts

Age Requirements: You must be at least 18 years old to create a SaluStory account and use the Service. If you are 16 or 17 years old, you may use SaluStory only with the consent and active supervision of a parent or legal guardian. By registering, you represent that you meet these age requirements. The Service is not intended for use by children under 16 in any capacity (children’s data may be recorded by adult users, but such children cannot themselves hold an account). We reserve the right to ask for proof of age or guardian consent if we suspect users are under the required age.

Account Registration: When you sign up, you must provide accurate and complete information. This includes a valid email address and any other information requested during signup. You agree to keep your account information updated (for example, if you change your email). You must not impersonate anyone or choose an offensive username. If we offer social or single sign-on options, the credentials you use must be your own.

Account Security: You are responsible for maintaining the confidentiality of your account login credentials (username and password). Do not share your login details with others. If you authorise someone (e.g., a caregiver) to help manage the SaluStory data, they should do so through proper sharing features (like adding them as a care-circle member if available) rather than using your login. You are responsible for all activities that occur under your account. If you suspect any unauthorised use of your account or a security breach, you must notify us immediately so we can assist in securing the account.

Use for Others’ Data: You may create and use a SaluStory account to manage data for your own children or individuals under your care. By doing so, you confirm you have the legal right (as a parent, guardian, or authorised caregiver) to input and manage personal and health information about those individuals. If at any point that authority ends (for example, the child becomes an adult or you cease to be their guardian), you should cease using the app for that individual or transfer the account appropriately.

One Account Per User: You should not maintain multiple active accounts for yourself. Each individual user (or family unit) should generally have one account, with features to handle multiple children within it. Creating fake accounts or multiple free trials (beyond the one allowed) via multiple sign-ups is a violation of these Terms.

Account Suspension or Termination (By Us): We reserve the right to suspend or terminate your account at our discretion for reasons including but not limited to: violation of these Terms, providing false registration information, unauthorised sharing of content, or any behaviour that disrupts the Service or is harmful to others. We will typically provide notice and explanation for any such action, but we are not obligated to do so if the circumstances (e.g. legal prohibition or security concerns) prevent it. If your account is terminated due to a breach of terms, you may not create a new account without our permission.

Account Termination (By You): You may stop using SaluStory at any time. You can delete or archive your account via the app settings (if available) or by contacting us. Termination will be handled according to our data deletion policies (see Privacy Policy). If you terminate a paid subscription, see the relevant section on how cancellations are handled. Even after account termination, certain provisions of these Terms will survive (such as disclaimers of liability and governing law).

4. License Grant and Permitted Use

License to You: Subject to your compliance with these Terms, SALUSTORY PTY LTD grants you a limited, non-exclusive, non-transferable, revocable license to install and use the SaluStory application on devices that you own or control, and to access and use the Service for your personal, non-commercial caregiving purposes. This license is for use of the object code version of our software (the app); you are not being granted any rights to our source code or to use SaluStory’s backend systems outside the intended use of the app. You may use the app only as permitted by these Terms and in accordance with any usage guidelines we provide.

App Store Usage Rules: If you downloaded SaluStory from a third-party app store (such as Apple App Store or Google Play Store), your use of the app is also subject to that store’s terms and conditions. For example, Apple’s App Store Terms may limit you to using the app on Apple devices you own or control and as allowed by the “Usage Rules” in the App Store Terms of Service. We emphasise that this agreement is between you and SALUSTORY PTY LTD, not with Apple or Google, and that we, not the platform provider, are solely responsible for the app and its content.

Personal Use: The license we grant is for personal use only. You may not use SaluStory for commercial purposes such as providing a service to others, nor may you resell, distribute, or lease our app to anyone else. The app is meant to be used by the individual (or family) who signed up.

Device Limitations: You may install and use SaluStory on multiple devices you use (for example, your smartphone and tablet), as long as you log in with your account. However, you should not share your login with others to use on their devices, except as part of an authorised family sharing feature if available. The license covers standard usage patterns; if we detect abuse (like dozens of devices on one account in a way that suggests sharing beyond a household), we may investigate or suspend usage.

No Modification or Reverse Engineering: You agree not to (and not to permit anyone else to) modify, adapt, translate, hack, decompile, or reverse engineer any part of the SaluStory app or Service. You must not attempt to extract the source code, underlying ideas, algorithms, or any proprietary data from the app, nor create derivative works based on the app, except to the extent that such actions are expressly permitted by law notwithstanding this limitation (for example, under certain open-source license components or lawful interoperability provisions). Any attempt to do so without our permission is a violation of this license and could also violate intellectual property laws.

No Illegal Use: You may not use the Service for any unlawful or fraudulent activity. This includes (but is not limited to) using the app in a manner that would violate privacy laws (e.g., inputting someone’s health data without authorisation), intellectual property laws, or any other applicable laws. If you travel or use the app from outside Australia, you are responsible for complying with local laws, but the core allowed usage remains personal health tracking.

Reservation of Rights: All rights not explicitly granted to you in this Section are reserved by SALUSTORY PTY LTD. The software and Service are licensed, not sold, and we retain all ownership and intellectual property rights in the app and all content provided by us. Any copies of the app (like on your device) are still our property per the license agreement with you.

5. User-Generated Content and Data

Your Data: You retain ownership of the content you input into SaluStory, especially personal data and health logs regarding you or your child. SaluStory does not claim ownership over the raw information you provide about yourself or your child. The intellectual property rights in that user-generated data remain with you (or whomever you got the rights from). For example, if you write a note in the app, you own that note.

License to Us: In order for us to operate the Service, you grant SALUSTORY PTY LTD a limited license to use the content and data you upload. Specifically, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, adapt, and display your content solely for the purpose of operating and improving the Service. This means, for instance, we have your permission to internally copy your data for backup, display it to you within the app interface, format it into reports you request, or process it to provide features (like charting trends). We do not have the right to use your content for any other purposes (like marketing our own services, beyond perhaps anonymised aggregates). This license is tied to your use of the Service – it ends when you delete the content or your account (except to the extent that we’ve already processed it in backups or as part of service operations begun before deletion).

Sharing Your Content: If you use features that allow you to share content (like sending a PDF report to a doctor or inviting another caregiver to view your child’s profile), you understand that by doing so, you are directing us to disclose that content to the designated persons, and the license to us extends to making that transmission possible. We are not responsible for what those third parties do with the content once you’ve shared it.

Content Standards: You are responsible for all content that you upload or record in SaluStory. While SaluStory is primarily for private record-keeping, you agree not to input any content that is illegal, offensive, or that violates the rights of others. This includes not using the app to store or transmit: - content that is defamatory or abusive; - content that contains child exploitation or abuse material (note: legitimate health info about a child is fine, but e.g. you cannot store illicit images); - any viruses, malware, or harmful code (the app shouldn’t allow that, but just stating it); - content that infringes someone’s intellectual property – though this is unlikely in personal health logs, just ensure anything you upload (like a document or image) you have the right to use.

We do not routinely monitor user data (as it’s private), but if we were alerted to any prohibited content, we reserve the right to remove it or report it to appropriate authorities if necessary (especially in cases of abuse or unlawful material).

Data Backup and Responsibility: While we take measures to back up data (and our aim is to be a reliable repository for your logs), we do not guarantee that content you store in SaluStory will never be lost or corrupted. We encourage you to export important data or keep separate backups if needed. To the maximum extent permitted by law, we won’t be liable for the loss of your content (see Disclaimers section), though we will certainly do our best to prevent such loss and help recover data if an issue occurs.

Feedback: If you provide us with any suggestions, ideas, or feedback about SaluStory, you agree that we can use and implement those ideas without any compensation or obligation to you. For example, if you suggest a new feature and we develop it, we retain full ownership of that feature and owe you no royalties. (Of course, we appreciate feedback and you still own any detailed materials you provide, but the concept itself can be used by us freely.)

6. Prohibited Conduct

To ensure a safe and reliable service for all users, you agree that you will not engage in any of the following actions:

• Misuse of the Service: You will not use SaluStory for any purpose that is harmful, illegal, or not intended by us. This includes attempting to probe, scan, or test the vulnerability of the app or our systems, or breaching security or authentication measures. You must not interfere with or disrupt the Service or servers/network connected to the Service (for example, no denial-of-service attacks, spreading malware, or excessive usage that overloads the system).
• Unauthorized Access: You will not attempt to gain unauthorised access to other users’ accounts or data. Similarly, you should not collect or harvest any personally identifiable information from SaluStory about other users (though direct user-to-user interaction in our app may be minimal).
• No Data Mining or Scraping: You shall not use any automated means (such as bots, spiders, or scrapers) to access the Service or extract data, except as may be explicitly allowed (for example, if we provide an API and you use it according to its documentation). Normal use via the official app or web interface is of course allowed; this clause is aimed at preventing commercial exploitation or attack on the database.
• Modification or Reverse Engineering: As mentioned in the license section, you must not copy, modify, distribute, sell, or lease any part of our app or included software, nor reverse engineer or attempt to extract the source code of that software, unless laws provide exceptions. You also agree not to create any derivative works or competitive services by exploiting access to our Service.
• Impersonation and Misrepresentation: Do not impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity. When communicating with us or in any community forums, you should provide truthful information.
• No Commercialisation or Advertising: You should not use SaluStory to advertise or solicit any products or services to other users. For instance, you cannot use any shared features to send spam or promotional messages. The app isn’t a social platform for advertising.
• No Export Violations: Given that app stores require it and law requires it, you represent that you are not located in a country subject to certain government embargoes or sanctions (like those designated by the US government) and that you are not on any government list of prohibited or restricted parties. Using the app in violation of export or sanctions laws is prohibited.
• Third-Party Terms: You agree to comply with applicable third-party terms when using the app. For example, if your use of SaluStory is on an Apple device, you must not be in violation of your wireless data service agreement while using the app (like incurring huge data charges, etc.). Similarly, abiding by Google Play’s general rules if on Android.

Consequences of Violations: If you engage in prohibited conduct, we may take action including warnings, suspension or termination of your account, removal of offending content, or even legal action if necessary. We strive to be fair and will usually communicate with you about the issue, but serious or repeated violations can result in immediate termination without notice.

7. Subscription, Free Trial, and Payments

Free Trial: SaluStory may offer new users a free trial period of one month (30 days) with full access to premium features. The free trial is intended to let you evaluate the app. Each user (or household) is entitled to only one free trial unless otherwise specified. Abuse of free trial (like creating multiple accounts to get multiple trials) is a breach of these Terms. The free trial begins when you start it in the app (e.g., by selecting a trial option) and lasts for the specified duration. At the end of the trial, if you have not cancelled (see below), your account will automatically transition to a paid subscription and your provided payment method will be charged.

Subscription Plans: After the free trial, continued access to SaluStory’s full functionality requires an active subscription. Subscription options may include monthly or annual plans (or other durations we offer). The details of pricing, billing frequency, and features included are provided in-app at the time of purchase. By subscribing, you authorise us (or the app store platform) to charge the recurring subscription fee to your chosen payment method. Prices are in the currency specified (e.g., AUD for Australian users) and include any applicable taxes unless stated otherwise.

Auto-Renewal: Subscriptions automatically renew at the end of each billing period (e.g., monthly) unless you cancel before the next renewal date. This means if you sign up for a monthly plan, it will renew each month; an annual plan will renew yearly, and so on. The renewal will charge the same payment method you provided, at the then-current subscription price (if our prices have changed, we’ll notify you in advance and you’ll have the chance to cancel if you don’t agree to the new price). Auto-renewal is a convenience so your service isn’t interrupted; make sure to cancel in time if you don’t wish to continue.

Cancellation: You have the right to cancel your subscription at any time. If you subscribed via an app marketplace (Apple App Store or Google Play), cancellations must typically be done through that platform (for example, through your iOS Settings > Subscriptions, or Google Play account subscriptions management). This is because those platforms manage your billing directly. If you have trouble, contact us for guidance, but note we cannot cancel Apple’s or Google’s subscription for you; you must do it. When you cancel, you will continue to have access to premium features until the end of the current paid period (or trial period if you cancel during trial but before it ends – in that case, you generally retain trial benefits until the trial expires). After cancellation, you will not be charged further, but you also will lose access to features that are for subscribers only once your current paid period lapses.

No Refunds (Unless Required by Law): Subscription charges (after any free trial) are non-refundable, except as required by law or unless we explicitly state otherwise. This means if you cancel in the middle of a paid period, we do not provide partial refunds for the remaining period. For example, if you pay for a month and cancel after 10 days, you can still use the service for the remaining 20 days but won’t get a prorated refund for those days. However, certain jurisdictions or platform policies might mandate refunds under specific conditions – we will, of course, abide by any such requirements (for instance, Apple may allow a refund for accidental purchases in some cases). Also under Australian Consumer Law, if a service was not delivered as promised or has a major flaw, you could be entitled to remedies; this section does not override those rights (see below for Australian Consumer Law reference).

Changes to Subscription or Fees: We reserve the right to change our subscription plans or adjust pricing. If we do, we will give you reasonable notice. Price changes for existing subscribers will apply at the start of the next subscription period following the change. If you do not agree to a price change, you may cancel the subscription before the new price takes effect. Continuing to use the Service after the price change constitutes acceptance of the new price.

Payment Information: You must provide current, complete, and accurate billing information. If using app store billing, ensure your app store account has valid payment details. If a payment fails (e.g., card expiration, insufficient funds), we may attempt to charge again or ask you to update payment. If payment remains uncollected, we may downgrade or suspend your account (for instance, revert it to a free version if available). You are responsible for any charges incurred (including any currency conversion fees or taxes your bank or card might impose).

Third-Party Fees: Be aware that using the app might incur third-party charges, such as data plan fees from your mobile provider. You are solely responsible for any such charges.

Promotions and Offers: We may occasionally offer promotional codes, discounts, or bundled offers. These are subject to their own terms and may be revoked if we determine they’re misused. Any free or discounted access provided as a promotion doesn’t obligate us to continue that benefit beyond the promotional period.

GST and Taxes: If GST (Goods and Services Tax) or other taxes apply to your subscription, it will either be included in the price or shown at checkout. SALUSTORY PTY LTD is registered for GST from 12 Feb 2025, meaning we will comply with GST requirements for Australian customers.

8. Intellectual Property Rights

SaluStory IP: All content and materials within the Service (excluding your User-Generated Content) are the intellectual property of SALUSTORY PTY LTD or its licensors. This includes the app’s software code, design, logos, graphics, information, compiled data, and any content we provide (e.g., educational articles, default icons, etc.). These are protected by copyright, trademark, and other intellectual property laws. You are not granted any ownership of this intellectual property under these Terms; only a limited license to use them as part of the Service as outlined above.

Trademarks: “SaluStory” and our logos or taglines are trademarks/service marks of SALUSTORY PTY LTD. You agree not to display or use these marks in any manner not permitted by us. All other trademarks appearing in the app (like marks of third-party services or products, e.g., “AWS” or others if referenced) remain the property of their respective owners.

Your Feedback and Suggestions: As noted, if you submit feedback, you agree that we can use it freely. You acknowledge that any improvements or features developed by us (even if inspired by your idea) are our intellectual property.

Third-Party Content: If the app includes content or code from third parties (for example, an open-source library, or an embedded third-party tool), such components may be subject to their own licenses. We include acknowledgments or notices for such components in the app or documentation as required. Your use of those components as part of SaluStory is allowed under our license to you; however, you don’t have a right to extract them for independent use beyond what their respective licenses permit.

No Infringement: You must not use SaluStory in a way that infringes on our IP rights or those of any other party. This means not reproducing or distributing our content without authorization. It also means you shouldn’t upload content to the app that you don’t have the right to use. You represent that you have all necessary rights to any content you input (for instance, if you upload a photo, you either own it or have permission). If we receive notice that any user content may infringe someone’s copyright or other rights, we will take action in accordance with applicable laws (such as the Copyright Act’s provisions on notices or any DMCA-like process if applicable through app stores).

Handling of IP Claims (Apple-specific): You acknowledge that in the event of any third-party claim that the iOS version of the SaluStory app or your possession and use of it infringes a third party’s intellectual property rights, SALUSTORY PTY LTD (not Apple) will be solely responsible for the investigation, defence, settlement, and discharge of any such claim. We will address IP infringement claims promptly—if you believe any part of our Service infringes on someone’s rights, please notify us with full details so we can investigate.

9. Third-Party Services and Content

Integration with Third-Party Services: SaluStory may integrate with or allow you to use third-party services in conjunction with our app. For example, we might have a feature to backup data to a cloud drive, or link to a scheduling app, or utilise a payment processor. When you use these features, you might be subject to the third party’s terms and privacy policy as well. We do not control these third-party services, and they are provided either as a convenience to you or as part of our infrastructure.

Third-Party Content or Links: The app or our communications may include links to third-party websites or resources (such as a link to an article on child health, or a partner service). SaluStory is not responsible for the content, products, or services on those third-party sites. If you click a third-party link, you assume the risk. We do not endorse or assume any responsibility for any third-party websites or materials.

No Liability for Third Parties: You agree that SALUSTORY PTY LTD will not be liable for any loss or damage of any sort incurred as a result of any dealings with third-party service providers or due to the presence of third-party content in our Service. This includes any issues with platform providers like Apple or Google, network carriers, etc. They have their own obligations to you under their agreements (for example, Apple is not responsible for the app’s operation as noted).

App Store as Third-Party Beneficiary (Apple iOS Users): If you downloaded the app from Apple’s App Store, both you and we acknowledge that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary . (This is a requirement of Apple’s terms for app developers). Similarly, if from Google Play, Google might have certain rights although they typically don’t assert third-party beneficiary in the same way.

Maintenance and Support: We are solely responsible for providing any maintenance and support for the SaluStory app. Apple and Google have no obligation to furnish any maintenance or support services for the app. If you have app issues, contact us, not the app store.

Product Claims: SALUSTORY PTY LTD is responsible for addressing any claims by you or a third party relating to the SaluStory app or your use of it. This includes, for example, product liability claims, any claim that the app fails to conform to legal or regulatory requirements, or claims arising under consumer protection or similar legislation. Apple/Google are not responsible for such claims. If you have a legal claim regarding the app’s performance or compliance, you agree to direct it to us, not Apple or Google.

Third-Party Terms of Service: When using our app, you must comply with applicable third-party terms of agreement that affect your use. For instance, your mobile network provider may have rules on data usage, and using our app shouldn’t violate those. If we incorporate technology like Google Maps or others in the app, you’d have to comply with those third-party terms (we’ll inform you within the app if so).

In summary, while we strive to provide a cohesive experience, certain parts of using SaluStory involve other companies – be it the app store, your network provider, or integrated tools. You should be aware of their terms, and understand that our Terms primarily govern our relationship with you, not those other relationships.

10. Disclaimers of Warranties

Service “As Is”: SaluStory and all related services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, SALUSTORY PTY LTD disclaims all warranties, express or implied, in relation to the Service and your use thereof. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.

No Guarantee of Accuracy or Outcomes: We do not warrant that the information or results you obtain through SaluStory will be accurate, reliable, or correct. For example, we do not guarantee that logging symptoms will result in any particular health outcome or insight, or that any analytic features will identify a condition. Any decisions you make regarding healthcare are purely your responsibility and should be made in consultation with professionals, not based on our app.

Availability and Quality: We do not guarantee that the Service will be available at all times, uninterrupted, or error-free. There may be occasions when the Service is unavailable (for maintenance, upgrades, network issues, etc.). We are not liable for any downtime. We also cannot promise that the app will be compatible with every device or will be free from viruses or other harmful components, though we take measures to avoid those. Use of the app is at your own risk – you should have up-to-date antivirus and device security.

User Data and Storage: While we aim to keep data secure (as described in the Privacy Policy), we make no warranty that your data will never be lost or that the Service is immune to data breaches or attacks. We disclaim liability for any loss or damage to your records, except to the extent caused by our failure to meet any consumer guarantee under the law which cannot be excluded.

Third-Party Communications: We disclaim any warranties regarding any communications from third parties that you may receive (for instance, if you share data and then receive feedback from a doctor outside the app, we’re not responsible for that advice). We also disclaim responsibility for any third-party devices or software (like your phone’s OS, or a connected wearable) that you use with our Service.

No Warranties on Content: If we provide any health-related content or suggestions, we do not warrant that those are comprehensive or suited to your situation. All such content is provided for general knowledge and is not updated in real-time with the latest medical research.

Platform and Device Disclaimers: Neither Apple, Google, nor any other app store or platform provider has any warranty obligation whatsoever with respect to the SaluStory app, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty (to the extent any warranty is not effectively disclaimed) is our responsibility. That being said, in cases where the app fails to work on your device, you might be entitled to some remedy via the app store (for example, Apple’s terms say they could refund the purchase price if an app doesn’t meet a warranty and the developer must handle it – since our app is free to download with in-app subscription, this is a bit different, but anyway). Regardless, you agree that, as far as we and the law allow, all such issues are addressed by these disclaimers and limitations.

Consumer Law Notice: Important: Nothing in these Terms is intended to exclude, restrict, or modify rights which you may have under any law (including the Australian Consumer Law) which may not be excluded, restricted, or modified by agreement. If the Australian Consumer Law or any similar legislation applies and permits the provision of an app or services by us under these Terms to be qualified, then our liability is limited, at our option, to one or more of the following: (a) re-supply of the services or (b) payment of the cost of re-supply. But if we cannot limit by choice (e.g., for major failures), then statutory remedies apply. However, to the extent we are allowed to limit our liability for a failure to comply with a consumer guarantee, we do so as set out in the Limitation of Liability section below.

In summary, use SaluStory at your own risk. We provide it with the hope it’s useful, but we’re not making medical or absolute promises.

11. Limitation of Liability

Exclusion of Certain Damages: To the maximum extent permitted by law, SALUSTORY PTY LTD and its officers, directors, advisors, employees, agents, and affiliates will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profits, goodwill, data, or other intangible losses, arising out of or relating to your use of or inability to use SaluStory. This remains true even if we have been advised of the possibility of such damages. For example, we are not liable if there is a delay or failure in the Service that results in you missing a medication dose or an appointment, or if a bug in the app causes you inconvenience or emotional distress.

Cap on Liability: To the extent that our liability cannot be fully disclaimed (for instance, if we are found legally responsible for something), you agree that the total liability of SALUSTORY PTY LTD for all claims arising out of or related to your use of the Service shall be limited to the amount you paid us (if any) in the 12 months preceding the event giving rise to the liability. If you have not paid anything (e.g., you’re on free trial or free tier), then our total liability to you shall not exceed AUD $50 (or equivalent in local currency). This limitation is cumulative and not per-incident; multiple claims will not increase the cap.

Exceptions: The above exclusions and limitations of liability apply to the extent permitted by law. We do not exclude or limit our liability for gross negligence, fraud, or intentional misconduct, or for death or personal injury caused by our proven negligence. Additionally, any statutory liability that cannot be limited (as noted earlier under Australian Consumer Law) is not overridden by these terms. However, where a law allows limitation, we’ve done so.

User Responsibility: You are responsible for any mobile or data charges incurred by your use of the Service. We are not liable for any charges from third parties (like phone carriers or hospitals or whatever context you use the app in). Also, if you use the app in a way that causes harm to someone or violates someone’s rights, you will be solely responsible for any damage, and you agree to indemnify us as described below.

Release: You release SALUSTORY PTY LTD from any and all liability for you having acquired or not acquired any additional knowledge or awareness of any health condition for you or your child by use (or non-use) of the app. You also release us from any liability related to actions you take or fail to take based on information in the app. In plainer terms: if something happens related to your child’s health, whether or not you used our app, we are not liable for that outcome.

Third-Party Beneficiary (Apple): You acknowledge that Apple (for iOS users) is not responsible for addressing any claims of you or any third party relating to the app, including but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation 23 . So, no claiming Apple for something that’s our domain.

No Class Actions: You and SALUSTORY PTY LTD agree that each may bring claims against the other only in your or its individual capacity. That means, to the fullest extent permitted by law, no class actions, class arbitrations, or representative claims are allowed. Any dispute will be resolved on an individual basis (see Dispute Resolution section below for more if any).

12. Indemnification

You agree to indemnify, defend, and hold harmless SALUSTORY PTY LTD and its affiliates, officers, directors, advisors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) that arise from or relate to:

• Your Use of the Service: Any use or misuse of SaluStory in violation of these Terms or of applicable law. For example, if you use the app to store illegal content or you violate someone’s privacy using info from the app, and that results in a claim against us, you’ll cover us.
• Your Content: Any user-generated content or data you input that infringes the rights of a third party or causes harm. For example, if you upload a photo you didn’t have the right to and someone sues, or if you put false info that leads to some issue and we get blamed, you will indemnify us.
• Breach of Terms: Any breach by you of these Terms or of any representation or warranty you provide in this agreement. If you said you had authority to upload data about someone and you didn’t, and that causes a problem, you cover us.
• Other Interactions: Any other interactions you have related to the Service. This could include, say, you sharing info with a clinician through the app, and then something goes wrong and we get named in a suit – you’d indemnify us for that because it stems from your specific share.

We reserve the right to handle our legal defence as we see fit, even when you are indemnifying us. This means we may choose our counsel, and you agree to cooperate with us in defending such matters. You will not settle any claim that involves a liability or admission of fault on the part of SALUSTORY PTY LTD without our prior written consent.

This indemnity obligation will survive any termination of your account or of the Service. Basically, even if you stop using the app, if something from your time using it comes back legally, you’re still on the hook to protect us as stated.

13. Termination of Service

Voluntary Termination: As mentioned under accounts, you may terminate this agreement at any time by deleting your account or discontinuing use of SaluStory. If you have a subscription and simply delete the app without cancelling the subscription via the proper channels, the subscription may continue – so make sure to formally cancel. Termination does not relieve you of any obligations or liability incurred prior to termination (for example, if you owed fees or if you breached terms, those issues remain enforceable).

Termination/Suspension by Us: We may, at our discretion, suspend or terminate your access to the Service (or certain features of the Service) at any time, with or without notice, if we believe: (a) you have violated these Terms or any policy; (b) you pose a risk to us or other users (e.g., hacking, abuse); (c) you have not paid required fees or we are unable to charge your payment method; or (d) we are required to do so by law (for example, if providing the Service to you becomes illegal). We will strive to give notice and perhaps an opportunity to fix the issue, but in serious cases we might not (like a court order or blatant abuse).

Effect of Termination: Upon termination of your account, whether by you or us, your right to use the Service will immediately cease. We will close your account and you will lose access to any data in it (unless you exported it beforehand). We may retain a copy of your data for a brief period per our data retention policy (e.g., backups), or longer if required by law. However, we will handle such data in accordance with our Privacy Policy and ensure it’s deleted when no longer needed. If we terminated you for cause (like breach), we may also bar you from re-registering or using SaluStory in the future. Termination of service can’t be used by you as a basis for any claims against us; the disclaimers and liability limits still apply.

Survival: Any provisions of these Terms that by their nature should survive termination (such as indemnities, disclaimers, limitations of liability, dispute resolution, and governing law clauses, as well as license limitations and anything regarding use of data) will survive and continue to be enforceable after termination.

Data Portability Upon Termination: If feasible, we’ll try to give you a chance to export your data before terminating an account (unless it’s a case of emergency removal). It’s good practice that you maintain your own backups or exports of important information periodically.

14. Updates and Changes to the Service

App Updates: SaluStory may periodically release application updates, which could include bug fixes, new features, or other improvements. Depending on your device settings, the app may download and install updates automatically, or you may need to manually install them. You agree to update the app promptly to ensure proper functioning and security. Failing to install updates may affect your ability to use the Service, and we aren’t liable for issues arising from failure to update.

Changes to Terms: We may modify these Terms from time to time, for example to reflect changes in the law or updates to our Service. If we make a material change, we will notify you by appropriate means – for instance, via an in-app notification or an email to the address associated with your account. The notice will give you an opportunity to review the revised Terms. By continuing to use SaluStory after the effective date of the updated Terms, you are agreeing to the changes. If you do not agree to the new Terms, you should stop using the Service and cancel any subscriptions. The most current version of the Terms will always be available within the app or on our website and will supersede all previous versions.

Changes to Services: We reserve the right to change, suspend, or discontinue any aspect of the Service at any time. This includes adding or removing features, imposing usage limits, or sunsetting the app entirely. If any change will significantly reduce the functionality or value of the Service you’ve paid for, we will endeavour to let you know in advance (for example, via the same methods as above) so you can decide whether to continue using the Service or cancel your subscription. If we discontinue the Service entirely, we will refund any prepaid portion of your subscription that can no longer be used, except as necessary to comply with law or as otherwise provided (ensuring we meet our obligations under Australian Consumer Law for any service not delivered).

Feature Previews: Sometimes we might release beta features or previews. Those are provided “as is” and might be even less reliable than the main service. We reserve the right to modify or remove them at any time. Your feedback on them is welcome but using them is optional.

No Guarantee of Future Features: While we may share our general product roadmap or plans, that doesn’t constitute a promise to deliver. Don’t make purchase decisions based solely on potential future features – base it on what’s currently in the app, as plans can change.

15. Governing Law and Dispute Resolution

Governing Law: These Terms and any dispute arising out of or in connection with them or the Service will be governed by and construed in accordance with the laws of New South Wales, Australia, and where applicable, the federal laws of Australia. This choice of law applies regardless of your location, though if you are entitled to protections under the consumer laws of your country of residence (and those cannot be waived by contract), those protections will apply.

Jurisdiction: You and SALUSTORY PTY LTD agree to submit to the personal and exclusive jurisdiction of the courts located in New South Wales for the purpose of resolving any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service. However, we reserve the right to seek injunctive relief in any jurisdiction if necessary to protect our interests (for example, for intellectual property enforcement).

Negotiation and Mediation: In the event of any dispute or claim, both parties agree to first attempt to resolve the issue through good-faith negotiations. You can start by contacting us at our support email to discuss the matter. If we cannot resolve the dispute informally within a reasonable time (say, 30 days), we agree to consider mediation before proceeding to litigation, if the dispute is of a type that could be mediated. Mediation would take place in a mutually agreed location (if you’re in Australia, likely NSW; if not, maybe a teleconference mediation), and costs would be shared equally. We prefer to solve problems amicably and efficiently.

No Class Actions: As mentioned in the Limitation of Liability section, we each agree that any litigation will be conducted solely on an individual basis and not in a class, consolidated, or representative action. You waive any right to a jury trial or to participate in a class action against us to the extent permitted by law.

International Use: We make no representation that the Service is appropriate or available for use in all locations. If you access SaluStory from outside Australia, you do so on your own initiative and are responsible for compliance with local laws. However, the law of NSW still governs our relationship (to the extent enforceable).

Venue: If a dispute goes to court, the venue will be a court of competent jurisdiction in Sydney, NSW, unless otherwise required by a mandatory law (for example, certain consumer claims might allow you to sue in your local court).

16. Miscellaneous

Entire Agreement: These Terms (along with the Privacy Policy and any other policies or documents explicitly incorporated by reference) constitute the entire agreement between you and SALUSTORY PTY LTD regarding the Service. They supersede any prior agreements or communications (whether oral or written) relating to the Service. In legal terms, you are not relying on any representation not contained in this contract.

Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be severed from the Terms and the remaining provisions will continue in full force and effect. An invalid clause will be interpreted, if possible, in a manner that renders it enforceable and consistent with the original intent. If that’s not possible, it will be removed, but does not affect the validity of the rest of the Terms.

No Waiver: Our failure or delay to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver by us of any provision will be effective only if in writing and signed by an authorized representative of SALUSTORY PTY LTD.

Assignment: You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent. We may assign or transfer our rights and obligations under these Terms freely to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Third-Party Beneficiaries: Except as expressly provided in these Terms (for example, the acknowledgment of Apple and Google as beneficiaries where applicable), there are no third-party beneficiaries to this agreement. This means only you and SaluStory (and Apple/Google to the extent noted for certain clauses) have rights to enforce the Terms.

Notices: We may deliver notices to you by email, by posting on our website or within the app, or by any other legally accepted means. Notices will be deemed given (a) in the case of email, when the email is sent to the last email address you provided to us, (b) in the case of posting on our site or app, upon posting, or (c) in the case of other means, when delivered. You are responsible for ensuring we have your current email. You may contact us or deliver notices to us at the contact info provided below or within the app’s support section.

Contact Information: If you have any questions about these Terms, or need to contact us for any reason, please reach out to:

SALUSTORY PTY LTD – Email: support@salustory.com.au.

Thank you for reading our Terms and for using SaluStory to support your caregiving journey. We hope our app provides value and peace of mind as you care for your loved ones.