1. Overview

• The Application is operated by Poisely Pty. Ltd. (ACN 694667171), Shop 2, 290 Boundary Street, SPRING HILL, QLD, 4000
• The Application analyses posture-related information using on-device machine learning.
• All processing occurs entirely on your device.
• We do not collect, transmit, store, or share posture data on external servers.
• This Privacy Policy is available free of charge on our website at www.poisely.app/privacy-policy

2. Health Information We Process

• The Application processes posture-related information, which may include:
  • Body position or alignment indicators
  • Movement or posture patterns
  • Posture-related insights generated by the Application
• This information is considered sensitive information under Australian privacy law.
• By using the Application, you consent to the on-device processing of posture-related information as described in this policy. You may withdraw consent at any time by deleting the Application.

3. On-Device Processing

• All posture data:
  • Is processed locally on your device
  • Remains under your control
  • Is not transmitted to us or any third party
• We do not have access to your posture information.

4. Use of Machine Learning

• The Application uses machine learning models running on your device to analyse posture information and generate feedback. These models:
  • Operate locally
  • Do not send input data off-device
  • Do not train on or learn from your personal data outside your device

5. Automated Decision-Making

• The Application uses on-device machine learning models to analyse posture
• Decisions and feedback are generated automatically, and may be inaccurate
• You can contact us at support@poisely.app to discuss automated decisions
• Users cannot request a human review of posture feedback

6. Information We May Collect (Non-Health)

• We may collect limited technical, non-identifiable information to improve app performance:
  • Device type, model and operating system version
  • Application version and crash logs
  • Error diagnostics and performance metrics
  • Application launch and crash dates and times
  • Anonymous device identifiers for crash reporting
  • Application performance metrics including the number of active sessions, user retention rate, and crash rate
• This information is collected automatically through Apple's analytics and crash reporting framework.
• This information does not include posture or health data.
• Collection of non-health diagnostic data is optional and opt-in only. You may use the Application without enabling analytics. Declining to share this data will not affect core Application functionality.

7. How We Use Information

• We use collected information only to:
  • Improve Application stability and performance
  • Diagnose technical issues
  • Enhance user experience
• We do not use personal information for direct marketing purposes. If this changes, we will update this policy and provide an opt-out mechanism.

8. Sharing of Information

• We do not sell, rent, or share posture-related or health information.
• Non-health diagnostic data may be processed by Apple (and TestFlight) in accordance with their privacy policies. The data collected is set out in Section 6.
• Non-health diagnostic data may be processed overseas (United States of America), and may be disclosed to the development team in Australia.

9. Overseas Disclosure

• We may disclose non-health diagnostic data to service providers located overseas, including: - Apple Inc. (United States) for app performance analytics.
• We take reasonable steps to ensure overseas recipients handle information in accordance with the Australian Privacy Principals.
• By using the Application and enabling analytics, you consent to the disclosure of non-health diagnostic data to Apple Inc. in the United States. Apple's privacy practices are described at https://www.apple.com/privacy/

10. Data Security

• We take reasonable technical and organisational measures to protect information processed by the Application. However, no system can be guaranteed to be completely secure.

11. Data Retention

• Posture-related information is retained only on your device and only for as long as you choose to use the Application.
• You may delete the Application at any time to remove locally stored data.
• Non-health diagnostic data processed through Apple's analytics framework is retained in accordance with Apple's data retention policies. We do not independently retain this data beyond what Apple's systems process.

12. Your Rights

• Under Australian privacy law, you have the right to:
  • Access personal information we hold about you
  • Request correction of inaccurate information
  • Make a complaint about our handling of your information To exercise these rights, contact support@poisely.app. We will respond with an acknowledgement within 30 days. A resolution may take longer for more complex matters. If you're not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner: www.oaic.gov.au
• You may contact us to:
  • Ask questions about this Privacy Policy
  • Request information about any non-health data we may process
• You may use the Application without creating an account or providing identifying information. Where you contact us (e.g., via support@poisely.app), you may do so using a pseudonym where practicable.
• Contact: support@poisely.app

13. Children's Privacy

• The Application is designed for use by users aged 13 years and over
• We do not knowingly collect personal information from children.
• If we discover that data from a child is collected, the data will be removed as soon as possible

14. Changes to This Policy

We may update this Privacy Policy from time to time. Changes will be reflected by an updated “Last updated” date.

15. Contact Us

If you have questions about this Privacy Policy, contact: support@poisely.app

1. About the Application

• Welcome to Poisely (Application). The Application provides you with posture monitoring services. The Application provides this service by way of granting you access to the content on the Application (Services).
• The Application is operated by Poisely Pty. Ltd. (ACN 694667171). Access to and use of the Application, or any of its associated Services, is provided by Poisely Pty. Ltd.. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
• Poisely Pty. Ltd. reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Poisely Pty. Ltd. updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

• You accept the Terms by downloading, accessing, using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Poisely Pty. Ltd. in the user interface.

3. Your obligations as a User

• As a User, you agree to comply with the following. You will use the Services only for purposes that are permitted by:
  • the Terms;
  • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Poisely Pty. Ltd. providing the Services;
• you may use the Application for personal or internal business purposes only;
• you will not use the Services or Application for any illegal and/or unauthorised use;
• you agree not to interfere or disrupt the Application's operation;
• you agree not to attempt to gain unauthorised access to the Application or related systems;
• you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Poisely Pty. Ltd. for any illegal or unauthorised use of the Application; and
• you acknowledge and agree that any automated use of the Application or its Services is prohibited.

4. Health and Wellness Disclaimer

• The Application provides general posture-related information and feedback, and is for general information and wellness purposes only.
• The Application:
  • is not a medical device;
  • does not provide medical advice, diagnosis, or treatment; and
  • is not intended to prevent, diagnose, treat, or cure any medical condition.
• You acknowledge that posture-related insights generated by the Application are informational only and should not be relied upon as a substitute for professional medical advice. Always seek the advice of a qualified healthcare professional regarding posture-related pain, injury, or medical conditions.
• You must immediately discontinue use of the Application and consult a qualified healthcare professional if you experience any pain, discomfort, or adverse physical effects during or after use.

5. Machine Learning and Artificial Intelligence Outputs

• The Application uses machine learning and artificial intelligence models running on your device to analyse posture-related information.
• You acknowledge that:
  • outputs from these models are estimates based on patterns and assumptions, not guarantees;
  • results may be inaccurate or incomplete or unsuitable for your specific circumstances; and
  • performance may vary depending on environment, device, and user behaviour.
• You are solely responsible for how you interpret and act upon information provided by the Application.

6. User Responsibility

• As a User, you are responsible for:
  • ensuring the Application is suitable for your needs;
  • using the Application safely and sensibly; and
  • discontinuing use of the Application if you experience pain, discomfort, or adverse effects.
• If you experience health concerns, you should seek advice from a qualified healthcare professional.

7. Copyright and Intellectual Property

• The Application, the Services and all of the related products of Poisely Pty. Ltd. are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Application (including text, graphics, logos, button icons, video images, audio clips, algorithms and software) (Content) are owned or controlled for these purposes, and are reserved by Poisely Pty. Ltd. or its contributors or licensors.
• Poisely Pty. Ltd. retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer to you:
  • the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Poisely Pty. Ltd.; or
  • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
  • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
• You may not, without the prior written permission of Poisely Pty. Ltd. and the permission of any other relevant rights owners: broadcast, copy, modify, republish, upload to a third party, transmit, post, distribute, decompile or disassemble, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
• You agree not to:
  • reverse engineer, decompile, or attempt to extract the machine learning models or algorithms underlying the Application;
  • use any automated tools to analyze, test, or benchmark the Application's Artificial Intelligence/Machine Learning performance;
  • attempt to replicate, adapt, or create derivative works based on the Application's posture analysis methodology; or
  • use the Application to train, develop, or improve competing posture-monitoring systems.

8. Availability and Changes

• Poisely Pty. Ltd. does not guarantee that the Application will always be available or error-free.
• Poisely Pty. Ltd. may:
  • modify or discontinue features;
  • release updates or improvements; and
  • suspend or terminate access to the Application at any time.

9. Third-Party Services

• The Application may rely on third-party services provided by Apple or others (such as system analytics or crash reporting).
• Your use of those services is subject to their respective terms and policies.

10. Privacy

• Poisely Pty. Ltd. takes your privacy seriously and any information provided through your use of the Application and/or the Services are subject to Poisely Pty. Ltd.'s Privacy Policy, which is available at www.poisely.app/#privacy.

11. General Disclaimer

• Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
• Subject to this clause, and to the extent permitted by law:
  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • Poisely Pty. Ltd. will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
• Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind, including fitness for a particular purpose, accuracy, or non-infringement. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Poisely Pty. Ltd. make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Poisely Pty. Ltd.) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
  • costs incurred as a result of you using the Application, the Services or any of the products of Poisely Pty. Ltd.; and
  • the Services or operation in respect to links which are provided for your convenience.

12. Competitors

• If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Poisely Pty. Ltd.. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Poisely Pty. Ltd. will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

13. Limitation of Liability

• Poisely Pty. Ltd.'s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Poisely Pty. Ltd. is the resupply of information or Services to you.
• You expressly understand and agree that Poisely Pty. Ltd., its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any damage, any injury (including but not limited to physical injury, pain, or discomfort), any expense, any loss of goodwill or business reputation and any other intangible loss.
• Without limiting the generality of clauses 13.a and 13.b, Poisely Pty. Ltd. shall not be liable for any loss, damage, or injury arising from:
  • inaccuracy, incompleteness, or unsuitability of Artificial Intelligence/Machine Learning-generated posture analysis or recommendations;
  • physical injury, pain, or discomfort resulting from following Application recommendations; or
  • failure of the Application to detect contraindications or user-specific health conditions, and you acknowledge the disclaimers in clauses 4 and 5 regarding health information and Artificial Intelligence/Machine Learning outputs.
• Poisely Pty. Ltd. is not responsible or liable in any manner for any site content (including the Content or third party content) posted on the Application or in connection with the Services, whether posted or caused by users of the Application of Poisely Pty. Ltd., by third parties or by any of the Services offered by Poisely Pty. Ltd..

14. Assumption of Risk and Release

• To the maximum extent permitted by law, you acknowledge and agree that your use of the Application and any posture-related feedback or recommendations is entirely at your own risk. You voluntarily assume all risks arising from your use of the App. You acknowledge that:
  • The Application provides general wellness and posture-related information only
  • The Application is not a medical device and does not provide medical advice
  • Use of the Application may involve inherent risks, including discomfort, strain, or injury
  • Results generated by the Application may be inaccurate, incomplete, or unsuitable for your circumstances
• To the maximum extent permitted by law, you release and discharge Poisely Pty. Ltd., its directors, officers, employees, contractors and affiliates from any and all claims, demands, actions, damages, losses, or expenses arising out of or in connection with:
  • Your use of, or reliance on, the Application
  • Any posture-related insights, feedback, or recommendations provided by the Application
  • Any injury, discomfort, or adverse outcomes you may experience
• You acknowledge that risks associated with the use of the Application may not be fully known or foreseeable, and you agree that this release applies to (to the maximum extent permitted by law):
  • All known risks; and
  • All unknown or unforeseen risks
• You agree to indemnify and hold harmless Poisely Pty. Ltd., its directors, officers, employees, contractors and affiliates from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of:
  • Your misuse of the Application
  • Your breach of these Terms
  • Your failure to follow reasonable safety precautions
• Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law or any other applicable law that cannot be excluded.

15. Termination of Contract

• The Terms will continue to apply until terminated by either you or by Poisely Pty. Ltd. as set out below.
• If you want to terminate the Terms, you may do so by:
  • notifying Poisely Pty. Ltd. at any time; and
  • closing your accounts for all of the Services which you use, where Poisely Pty. Ltd. has made this option available to you.
  • Your notice should be sent, in writing, to Poisely Pty. Ltd. via the 'Contact' link on our homepage.
• Poisely Pty. Ltd. may at any time, terminate the Terms with you if:
  • you have breached any provision of the Terms or intend to breach any provision;
  • Poisely Pty. Ltd. is required to do so by law;
  • Poisely Pty. Ltd. is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or
  • the provision of the Services to you by Poisely Pty. Ltd. is, in the opinion of Poisely Pty. Ltd., no longer commercially viable.
• Subject to local applicable laws, Poisely Pty. Ltd. reserves the right to discontinue or cancel your membership to the Application at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Poisely Pty. Ltd.'s name or reputation or violates the rights of those of another party.
• When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Poisely Pty. Ltd. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

16. Indemnity

• You agree to indemnify Poisely Pty. Ltd., its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content in the Application;
  • any direct or indirect consequences of you accessing or using the Application or attempts to do so and any breach by you or your agents of these Terms; and/or
  • any breach of the Terms.

17. Dispute Resolution

17.1 Compulsory

• If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

17.2 Notice

• A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

17.3 Resolution

• On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
  • Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in Brisbane, Australia.

17.4 Confidential

• All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

17.5 Termination of Mediation

• If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

18. Venue and Jurisdiction

• The Services offered by Poisely Pty. Ltd. is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

19. Governing Law

• The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

20. Severance

• If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.