illumable Terms and Conditions

In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean Luxi Health Pty Ltd (ACN 689 732 910).

These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

Disclaimer - No Medical Advice

illumable is not a medical device and is not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or medical condition. illumable is designed solely for general wellness, lifestyle and informational purposes to help you track outdoor time and light exposure patterns.

You must not use illumable to:

• Diagnose, treat, cure, or prevent any disease or medical condition
• Make medical decisions or replace consultations with qualified healthcare professionals
• Monitor or manage any health condition
• Determine appropriate sun exposure levels for medical purposes

The data and information provided by the Services (including light exposure readings, outdoor time tracking, and any recommendations) are for personal tracking and informational purposes only. They are not clinical-grade measurements and should not be relied upon for any medical, therapeutic, or clinical purpose.

If you have any health concerns or medical conditions affected by sun exposure or vitamin D levels, you must consult a qualified healthcare professional before making any decisions based on information from the Services.

Sun Safety

While outdoor time is beneficial, always practice sun safety:

• Use appropriate sun protection (sunscreen, hats, sunglasses)
• Avoid prolonged exposure during peak UV hours
• Stay hydrated and seek shade when needed

Accuracy of Measurements

Light sensor readings are approximate and depend on device hardware. They should not be used for medical, scientific, or safety-critical purposes.

Our Disclosures

Please read these Terms carefully before you accept. We draw your attention to:

• Our privacy policy (on the Site) which sets out how we will handle your personal information
• Clause 1.6 (Variations) which sets out how we may amend these Terms
• Clause 8 (Liability) which sets out exclusions and limitations to our liability under these Terms

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link in the Services, or for featuring certain goods or services on the Services.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Engagement and Term

1.1 These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).

1.2 Subject to your compliance with these Terms, we will provide you with access to the Services.

1.3 We will not be responsible for any other services unless expressly set out in these Terms or on our Site.

1.4 If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.

1.5 Where you engage third parties to operate alongside the Services, those third parties are independent of us and you are responsible for the goods or services they provide, unless we expressly agree otherwise.

1.6 We may amend these Terms at any time, by providing written notice to you. By clicking "I accept" or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services.

2. Account

2.1 You must sign up for an Account in order to access and use the Services. You must be over 18 years of age to create an Account.

2.2 While you have an Account with us, you agree to:

• Keep your information up-to-date (and ensure it remains true, accurate and complete)
• Keep usernames and passwords secure and confidential, and protect them from misuse or being stolen
• Notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account

2.3 If you close your Account, you will lose access to the Services.

Children's Accounts

2.4 If you create an Account that includes data for children under 18, you confirm that you are their parent or legal guardian and have authority to consent to the collection and use of their data.

2.5 You are responsible for monitoring and managing how children's data is used and shared through the Services.

3. Licence

3.1 During the Term, we grant you a right to use our basic Services in accordance with these Terms. This right cannot be passed on or transferred to any other person.

3.2 You must not:

• Access or use the Services in any way that is improper or breaches any laws, infringes any person's rights, or gives rise to any civil or criminal liability
• Interfere with or interrupt the supply of the Services, or any other person's access to or use of the Services
• Introduce any viruses or other malicious software code into the Services
• Use any unauthorised or modified version of the Services, including for the purpose of building similar or competitive software
• Attempt to access any data or log into any server or account that you are not expressly authorised to access
• Use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing
• Circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party
• Access or use the Services to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing, harassing or unwanted

4. Availability, Disruption and Downtime

4.1 While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including as a result of scheduled or emergency maintenance.

4.2 The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

4.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.

4.4 Third Party Data Sources: The Services rely on data from third-party sources (including weather services, UV index providers, and device sensors) to provide sun exposure information and recommendations. We do not control or verify the accuracy of data provided by third parties. Sun exposure readings and outdoor time data are estimates only.

4.5 To the maximum extent permitted by law, we are not liable for any inaccuracy, error, or omission in third-party data, or for any decisions you make based on such data.

4.6 You acknowledge that sun exposure data should not be relied upon for medical, health, or safety-critical decisions.

5. Intellectual Property and Data

5.1 We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission, and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.

5.2 We may use any feedback or suggestions that you give us in any manner which we see fit, and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

5.3 We do not own any of Your Data, but when you enter or upload any of Your Data into the Services, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

• Supply the Services to you and otherwise perform our obligations under these Terms
• Diagnose problems with the Services
• Improve, develop and protect the Services
• Send you information we think may be of interest to you based on your marketing preferences
• Perform analytics for the purpose of remedying bugs or issues with the Services
• Perform our obligations under these Terms (as reasonably required)

5.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.

5.5 You are responsible for:

• The integrity of Your Data on your systems, networks or any device controlled by you
• Backing up Your Data

5.6 Sharing Data with Medical Professionals: You may choose to share Your Data (including children's outdoor exposure data) with medical professionals through the Services. When you share data with a medical professional, it is your responsibility to share the information in a safe and secure manner. We are not responsible for how medical professionals use or store the data once shared. You must obtain a child's consent (where appropriate based on their age and maturity) before sharing their data with medical professionals.

5.7 Third-Party App Integration: The Services may connect with third-party applications on your device if you grant permission. You control these permissions through your device settings. We only access these apps to the extent necessary to provide the Services. We are not responsible for the privacy practices of third-party apps.

5.8 Device Permissions: The Services require certain device permissions (such as location, camera, or sensors) to function properly. You can modify these permissions through your device settings, but this may limit functionality.

5.9 When you use the Services, we may create anonymised statistical data from Your Data and usage of the Services. Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.

5.10 If you do not provide Your Data to us, it may impact your ability to receive the Services.

5.11 This clause 5 will survive the termination or expiry of these Terms.

6. Confidential Information and Personal Information

6.1 While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information.

6.2 Either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

6.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.

6.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual's express consent).

6.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers.

6.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

6.7 This clause 6 will survive the termination or expiry of these Terms.

7. Consumer Law Rights

7.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.

7.2 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

7.3 This clause 7 will survive the termination or expiry of these Terms.

8. Liability

8.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:

• Your computing environment (for example, your hardware, software, information technology and telecommunications services and systems)
• Any use of the Services by a person or entity other than you

8.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

• Neither we or you are liable for any Consequential Loss
• A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party
• In respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again
• Our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000

8.3 This clause 8 will survive the termination or expiry of these Terms.

9. Notice Regarding Apple

9.1 To the extent that you are using or accessing the Services on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Services and any content available on the Services.

9.2 Apple has no obligation to furnish you with any maintenance and support services with respect to the Services.

9.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

9.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

9.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party's intellectual property rights.

9.6 You agree to comply with any applicable third-party terms when using our mobile application.

9.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

9.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Suspension and Termination

Suspension

10.1 We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services. If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end.

Termination

10.2 We may terminate these Terms (meaning you will lose access to the Services) if:

• You breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach
• You breach these Terms and that breach cannot be remedied
• We decide to discontinue the Services, in which case we will provide you with written notice
• You experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors' schemes of arrangement)

10.3 You may terminate these Terms:

• If we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach
• At any time by notifying us through your Account or to our email for notices, and termination will take effect immediately

10.4 Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements. Where we are not required to retain Your Data, Your Data may be deleted within 30 days of your Account being closed. Deleted data cannot be recovered.

10.5 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

10.6 This clause 10 will survive the termination or expiry of these Terms.

11. General

11.1 Assignment: You may not transfer or assign these Terms to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

11.2 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms unless we and you first meet (in good faith) to resolve the Dispute. If not resolved at the initial meeting, the matter may be referred to mediation (for Australian residents) or arbitration (for non-Australian residents) administered by the appropriate Australian dispute resolution body.

11.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

11.4 Governing Law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.

11.5 Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

11.6 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

11.7 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

11.8 Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice.

12. Definitions

12.1 In these Terms:

• Account means an account accessible to the individual or entity who signed up to the Services.
• Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data.
• Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.
• Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not.
• Services means the services we provide to you, as detailed at the beginning of these Terms.
• Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving the Services or stored by or generated by your use of the Services.