The togetherAI App is a smartphone and tablet application owned and operated by togetherAI Pty Ltd ABN 71 642 255 570 (we, our, us) and is designed to assist parents and caregivers in identifying a range of wellbeing and mental health issues that may be impacting on their children and discussing those issues with their children (the App). The App is not a crisis prevention or management service nor a medical service.
The App is available on iOS and Android systems and can be downloaded by children, parents, and caregivers from the Apple App Store and Google Play using compatible smartphones and tablets. The App can be accessed by parents and caregivers (Parent Caregiver Users) using a parent caregiver user account (Parent Caregiver User Account(s)) and their children (Child Users) who access the App using a linked child user account (Child User Account(s)) (together, User Account(s)).
This End User Licence Agreement (Agreement) governs our relationship with both Parent Caregiver Users and Child Users)) (together, User(s)). It sets out legally binding provisions which regulate your use of the App and the Services if you are a User.
Please note: You must not register for a Parent Caregiver User Account and link your User Account to a Child User unless you are the parent or legal caregiver of the Child User.
1. The togetherAI algorithms disclaimer
Users can access the following functionality in the App (the Services):
- ability to connect a Child User’s Child User Accounts with the Child’s Parent Caregiver Users’ Parent Caregiver User Accounts and to facilitate communication and interaction between a Child User and linked Parent Caregiver User;
- possible detection and identification of several potential issues that may impact a Child User’s wellbeing, using machine learning algorithms that apply deductive reasoning to identify such potential issues;
- the Child User can create a digital “companion” that asks the Child User daily wellbeing questions and provides Parent Caregiver Users with wellbeing suggestions (Wellbeing Materials) when the App detects issues that may be impacting on the Child User’s wellbeing and mental health;
- the Parent Caregiver User can expect to receive custom-tailored wellbeing suggestions (Wellbeing Mate) to assist in conversations that may help the Parent Caregiver User and the Child User to talk about any potential wellbeing and mental health issues concerning the Child User;
- monitoring of information from a Child User’s device including device usage, communications through third party applications installed on such devices such as social media, gaming and messaging platforms, as authorised by the User;
- a Parent Caregiver User may receive notifications about potential issues in a linked Child User’s life based on ongoing automated analysis of data collected from the Child User’s smartphone and tablet device as well as insights and feedback in relation to the Child User’s apparent wellbeing and/or mental health, where identified by the App using machine learning algorithms and artificial intelligence that apply deductive reasoning to identify potential issues;
- the ability for Parent Caregiver Users to input data related to their perceptions of a linked Child User’s apparent wellbeing and/or mental health.
We may modify and replace this Agreement from time to time without notice (except where you are a User, in which case, we will notify you of the update using the contact email address that you provide to us). We will always upload the latest version of this Agreement to our website.
If you do not wish to accept this Agreement, you must not and cannot use the App or any part of it.
WE DO NOT PROVIDE ANY MEDICAL ADVICE, RECOMMENDATIONS OR DIAGNOSES. WE RECOMMEND THAT YOU SEEK ALL NECESSARY MEDICAL ADVICE, RECOMMENDATIONS AND DIAGNOSES FROM YOUR HEALTHCARE PRACTITIONER. WE DO NOT PROVIDE OR REPRESENT THAT WE PROVIDE ANY MEDICAL SERVICE, AND WE ARE NOT A PARTY TO ANY CONTRACT FOR THE PROVISION OR RECEIPT OF ANY MEDICAL SERVICE. FURTHER, WE DO NOT REPRESENT OR WARRANT THAT TOGETHERAI WILL RESULT IN THE DIAGNOSIS, DETECTION, CURE OR PREVENTION OF ANY PSYCHOLOGICAL, WELLBEING, MENTAL OR OTHER MEDICAL DISORDER OR ILLNESS. PLEASE NOTE THAT WHILE WE MAY MONITOR PERSONAL INFORMATION ENTERED INTO OR GENERATED VIA TOGETHERAI FROM TIME TO TIME, WE DO NOT REVIEW ALL SUCH INFORMATION AND DO NOT REPRESENT THAT WE OR TOGETHERAI WILL DETECT ALL OR ANY SPECIFIC PSYCHOLOGICAL, MENTAL OR OTHER MEDICAL DISORDER OR ILLNESS OR ANY SPECIFIC WELLBEING ISSUES OR THAT WE WILL TAKE ANY SPECIFIC ACTION IF ANY SUCH MATTERS ARE DETECTED.
WE DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS RELATING TO THE ABILITY OF THE APP TO DETECT ALL OR ANY ISSUES IMPACTING ANY PERSON. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIMS AGAINST US CONCERNING ANY FAILURE OF US OR THE APP TO DETECT OR TAKE ANY ACTION IN CONNECTION WITH ANY APPARENT MOOD, EMOTIONAL STATE, WELLBEING OR OTHER ISSUES OR ANY SPECIFIC PSYCHOLOGICAL, MENTAL OR OTHER MEDICAL DISORDER CONCERNING ANY PERSON.
3. You must register and consent to use the App
Unregistered users of the App cannot use or access the App and the Services (other than to register as a User). Registration is required for individuals who wish to login to, access and use the App and the Services (each a User). If you are not a User, we may terminate your access to the App and the Services or any part of it at any time without notice.
Parent Caregiver User Registration
To register for a Parent Caregiver User Account, you must select the number of Child Users using Child User Accounts linked to your Parent Caregiver User Account. Where applicable, we may request proof of legal guardianship over the Child Users and request that you provide the date of birth of each Child User that will be using the Child User Account(s) linked to your User Account to prove your parental or guardianship relationship to the Child User.
Unless otherwise agreed, if you are unable to provide such documentation or information, or if you have provided documentation or information under clause 3.3 that is not current or we cannot read, or that we become aware is incorrect, unreadable, falsified, or otherwise not verifiable, you will not be able to register for a User Account or create and link any Child User Accounts for any Child Users. We may also at any time suspend or terminate your User Account without notice if we discover that any such documentation that you have supplied is misleading, false and incorrect.
There can only be a maximum of 4 related Parent Caregiver User Accounts linked to a Child User Account.
We reserve the right to accept or reject any person’s registration on the App at our absolute discretion.
If any of the information you provide during the registration process changes, you must promptly update your User Account with the relevant up-to-date information.
You must not disclose or provide login credentials for any User Account (including a linked Child User Account) to any third party. You shall be solely responsible for the confidentiality of your username and password and any use and unauthorised use of your User Account. You must immediately notify us if you become aware of any unauthorised usage or access to your User Account or any Child User Accounts linked to your User Account and provide all necessary cooperation, assistance, information, materials, authorisations, permissions and access for us, upon demand and at no cost to us, to remedy the suspected, actual or potential breach, use or access and to otherwise comply with our legal obligations.
Upon becoming a User, you will have a non-exclusive, non-assignable, non-sublicensable, revocable licence to install the App on your smartphone or tablet device and a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Services, in each case for the purposes expressly described in this Agreement.
You must pay all costs associated with accessing the App, such as internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs and roaming charges.
Parent Caregiver Consent
If you are the Parent or Caregiver of a Child User that is under the age of 18, by registering for a Child User Account on behalf of the Child User:
- you guarantee that the Child User will comply with all of the terms and conditions of this Agreement, and you agree to indemnify us from and against any loss or damage that we may incur as a result of the Child User’s breach of this Agreement;
- you agree to provide any indemnity that this Agreement requires the Child User to provide;
- you irrevocably warrant that during the registration process, you provided truthful and accurate information only and that you registered the Child User’s Child User Account on the App on behalf of, and with the authority and consent of, the Child User; and
- you have explained to the Child User how they can use the App.
4. Responsibility for and ownership of data
As between you and us:
- you own the information that you voluntarily provide to us via the App (Your Data), including, where you are a Child User, any information collected via third party applications installed on your smartphone and tablet device (Child Data);
- we own all information that is not Your Data, including but not limited to the Wellbeing Materials and any other information displayed on the App; and
You warrant, agree and represent that:
- you will comply with the requirements of our Acceptable Use Policy set out in clause 8.1;
- you will only upload, input and transfer Your Data (including any Child Data) into the App and the Services or disclose Your Data (including Child Data) to us, or permit the App to collect Child Data, which you are fully entitled and authorised to upload, input, transfer and disclose; and
- you license us on an irrevocable, non-exclusive, royalty-free, worldwide basis to access, use and publish Your Data on the App as required by us to provide the App and the Services and that our collection, use, storage and processing of Your Data in the course of providing the App and the Services, will not breach any applicable law or right of any person.
You are solely responsible for the accuracy, legality and quality of Your Data and for obtaining any consents, permissions, licenses, rights and authorisations necessary for us to use, host, transmit, store and disclose Your Data in connection with the provision of the App and the Services.
Our statutory obligations govern access to Your Data.
Except in respect of any non-excludable applicable law, we are not responsible for any loss, corruption or hacking of Your Data.
You indemnify us in respect of any loss and damage we or any of our suppliers incur in respect of any claim that the transmission, storage, disclosure and processing of Your Data infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.
5. Availability of the App and the Services
While you are a User, we agree to use our best endeavours to procure hosting of the Services and Your Data and ensure that the Services are available to you via the App. You acknowledge that we may not own or operate the infrastructure the App and Your Data is hosted on.
The availability of the App and the Services to you will be subject, in addition to any other provisions set out in this Agreement, to any bandwidth limitations, database size limitations, throughput limitations and other technical and non-technical limitations or restrictions set out in the App or on our website, and any planned and unplanned maintenance by us and/or our hosting providers.
You acknowledge that the accessibility and use of the App, the Services and Your Data processed by us requires an Internet connection and is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure which the App operates on, interfaces with and/or connects to and that we are not responsible for any non-performance of the App or the Services associated with any of those matters.
We do not represent or endorse or provide any express warranty of any kind, whether express or implied, relating to the operation, security and or compatibility of the App. Except in respect of any non-excludable applicable law, we do not guarantee that the App and the Services or Your Data or access to them will be available, uninterrupted, defect-free, free of viruses or other harmful components or error-free or that any information displayed on the App is accurate, up to date, reliable and or fit for any particular purpose. To the extent permissible by law, all implied terms, conditions, warranties and guarantees are excluded from this Agreement.
6. Intellectual Property Rights
This Agreement does not transfer or assign any Intellectual Property Rights to you.
As between you and us, except in respect of Your Data, we own all Intellectual Property Rights in the App and the Services.You have no rights in the App and the Services or any part of them or any in modification or enhancement thereof, other than the rights temporarily granted to you pursuant to this Agreement.
Any Intellectual Property Rights in any comments that you may provide to us in connection with the App and the Services or requests for new features (each, an Improvement Suggestion) becomes our sole and exclusive property immediately upon you uploading or posting that Improvement Suggestion to the App and the Services or otherwise providing the Improvement Suggestion to us, and you hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to us effective as soon as you provide each Improvement Suggestion to us or upload or post an Improvement Suggestion to the App and the Services, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by us and any third party we authorise of all Moral Rights that you may have in any Improvement Suggestions.
You must not take any step to invalidate or prejudice our (or our licensors’) Intellectual Property Rights in the App, the Services or otherwise. Without limiting the preceding provisions, you must not register any security interest, or purchase money security interest on the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth), or otherwise encumber or charge your rights in respect of Your Data or with respect to the rights granted to you by this Agreement to use the App and the Services.
In this Agreement, “Intellectual Property Rights” means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the Convention Establishing the World Intellectual Property Organization, and all rights to enforce any of the preceding rights.
7. Usage Restrictions
You may not make any use of the App and the Services except as permitted by this Agreement. You may not do or authorise the commission of any act that would or might invalidate or be inconsistent with our (or our licensors’) Intellectual Property Rights in the App or Services. You must not, under any circumstances, sell or resell access to the App or Services or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the App or Services or any content you obtained via the App or Services (other than Your Data). In addition, you must not, nor may you permit any person to:
- copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the App and/or any content in the App (except any of Your Data) (except as expressly permitted by the Copyright Act 1968 (Cth));
- do any act that would or might invalidate or be inconsistent with our Intellectual Property Rights or those of our licensors;
- use the App or the Services in any way that infringes our rights or the rights of any third party;
- use the App or the Services to create any product or service that competes with the App or the Services; or
- take any steps to circumvent any technological protection measure or security measure in the App.
You must not use the App or the Services or any part of them in any way that breaches this Agreement and/or any statute, regulation, law, or legal right of any person.
8. Acceptable Use Policy
The following use of the App and the Services is strictly prohibited under this Agreement (Acceptable Use Policy):
- to communicate with any Child User who you are not the parent or legal guardian of;
- to violate all or any legal rights of any person or company or other entity in any jurisdiction;
- to commit crimes such as theft and fraud or to make fraudulent offers of goods and/or services;
- any use in breach of any applicable laws, including any laws relating to the protection of copyright, trade secrets, patents or other intellectual property, spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise;
- introduction of malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mailbombs);
- revealing your account password to others or allowing the use of Your User Account by others;
- using another person’s name, username or password or otherwise attempting to gain access to a User Account of any other person;
- to carry out security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data. For the purposes of this paragraph, “security breaches” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
- to execute any form of network monitoring which will intercept data not intended for you;
- to circumvent user authentication or security of any of our hosts, networks or accounts or those of our customers or suppliers;
- to interfere with or deny service to anyone;
- using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the App and the Services;
- sending unsolicited email messages to Users in breach of the Spam Act 2003 (Cth);
- to send any form of harassment, or uploading content or material (including any names, nicknames and/or avatars) that is discriminatory, harassing, violent, lewd, vulgar, sexual and/or drug-related, whether through language, frequency, or size of messages; and
- breach of any person’s privacy (such as by way of identity theft or “phishing”).
We do not accept responsibility for the conduct of any User.
If you believe that another User has breached this Agreement, please contact us.
You are jointly and severally responsible for all acts and/or omissions and breaches of any Users that are linked to your User Account via the App.
Any dispute you have with another User is between you and the other User. You release us from any claims you may otherwise have against us in relation to any conduct of any User and respect of any content uploaded by or on behalf of any User into the App.
We do not represent, recommend or endorse any websites we have linked from the App via hyperlink or otherwise.
We may check content entered into or uploaded into the App from time to time, but we do not review or moderate all content. If we become aware of content that breaches our Acceptable Use Policy, we will remove the content and send an email to the User explaining why it was removed.
You are solely responsible for and indemnify us in respect of any loss and damage we may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by your use of the App or the Services.
10. Apple and Google terms
This End User Licence Agreement is an agreement between you and us and not between you and Apple Inc. (Apple) or you and Google Inc. (Google). As between Apple Inc. and us, and between Google Inc. and us, we are solely responsible for any product warranties pertaining to the App, whether express or implied by law, to the extent not otherwise effectively disclaimed under this Agreement.
In the event of any failure of the App to conform to any applicable warranty and where the warranty relates to your use of a version of the App downloaded through the Apple App Store, you may notify Apple, and Apple will refund the purchase price for the App to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty or obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be our sole responsibility, subject to the provisions of this Agreement.
Subject to the terms of this Agreement, you and we each acknowledge that, as between you and us, we, and not Apple or Google, are responsible for addressing any of your claims relating to the App or your possession and/or operation of the App, including, but not limited to: (i) product liability claims made in respect of the App; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the App.
Notwithstanding the provisions of this clause 9, and for the avoidance of doubt, you agree:
- to release and indemnify us from any claims that you or any other person might otherwise have (including any claims arising under consumer protection or similar legislation in respect of the App and any other claims, losses, liabilities, damages or expenses) which are caused or contributed to by you; and
- you, and not us, will be solely responsible for any of the matters referred to in clause 10.3 to the extent they are caused or contributed to by you.
You and we each acknowledge that neither Apple nor Google have any obligation to furnish any maintenance or support services with respect to the App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or the U.S. Government has designated that as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You and we each acknowledge and agree that Apple and Google, and Apple’s and Google’s respective subsidiaries, are third party beneficiaries of this Agreement and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.
You and we are not liable to each other for any breach of this Agreement to the extent that the breach is caused or contributed to by any act, event, omission, accident or circumstance beyond the party’s reasonable control (Force Majeure Event).
The information displayed on the App is not professional or medical advice. You will seek all appropriate medical and other advice as applicable before relying on any information you obtain from the App.
To the extent possible by law, we do not represent that the information on the App, including the Wellbeing Materials made available to you, is accurate, correct, up-to-date or error-free.
A party (the first party) is not liable to the other party for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data, except to the extent caused by the first party’s intentional breach of this Agreement.
Any goods and services supplied by us through the App (which, for the avoidance of doubt, includes the App and the Services supplied by us but does not include goods or services supplied by any User to any person) may come with implied non-excludable guarantees (Non-Excludable Guarantees) which are regulated by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the ACL). The Non-Excludable Guarantees depend on whether you are a ‘consumer’ of goods or services within the meaning of that term pursuant to the ACL as amended.
Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), we will not have any liability to you for any loss or damage howsoever incurred in relation to your use of or inability to use the App and the Services in excess of $200 (in the aggregate).
If the goods or services that we supply to you are subject to a Non-Excludable Guarantee and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to section 64A of the ACL, we limit our liability for breach of any such Non-Excludable Guarantee (other than a guarantee implied by sections 51, 52 or 53 of the ACL) or expressly given by us to you, in respect of each of the goods and services, where it is fair and reasonable to do so, at our option, to one or more of the following:
- if the breach relates to goods: the replacement of the goods or the supply of equivalent goods and/or the repair of such goods; or
- if the breach relates to services: the supplying of the services again.
Any warranty against defects provided by us to you in your capacity as a consumer under the ACL is in addition to your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
We may terminate this Agreement and your access to the App and the Services by notice to you if a Force Majeure Event continues for 30 days, if you breach any material term of this Agreement, if we discontinue the operation of the App and/or at any other time as determined by us. Termination of this Agreement and access to the App and the Services does not affect any accrued rights of either party.
We may take down or take offline the App and the Services or any part of it at any time without notice for technical support purposes or where reasonably necessary to protect our legitimate commercial interests.
Any notice issued to you from us or us to you shall be in writing and sent by email to the email address that you notify us of, or via the App.
You may contact us or send a notice to us using our contact details specified on our website.
Any notice issued via email is deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt or upon confirmation from the recipient.
We may send you emails or other electronic messages concerning this Agreement, your User Account and/or the App from time to time.
14. Other things to note
Other rights: All rights not expressly granted to us in this Agreement are expressly reserved by us.
Amendment: This Agreement may be amended by us at any time. We will notify you of the amendments in writing or via email (Amendment Notice). If you do not agree to the amendments, you can terminate your use of the App by providing written notice to us within thirty (30) days from the date of the Amendment Notice.
Survival: Any rights or obligations that, by their nature, survive termination of this Agreement shall so survive, including any provision dealing with Intellectual Property Rights, liability and jurisdiction.
Severability: If any part of this Agreement is deemed invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain enforceable.Relationship: This Agreement does not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.
Entire Agreement: This Agreement constitutes the entire Agreement between you and us and to the extent possible by law, supersedes all prior understandings, representations, arrangements and agreements between you and us regarding its subject matter.
Jurisdiction: This Agreement will be governed by and interpreted in accordance with the laws in force in New South Wales. You and we irrevocably submit to the exclusive jurisdiction of the courts situated in New South Wales and any court of appeal from there with respect to any dispute concerning this Agreement.