Terms of Use

Effective Date: 29 August 2025

These Terms of Use (“Terms”) govern your access to and use of the Healthly mobile application (the “App”). By using the App, you agree to be bound by these Terms. If you do not agree, you must not access or use the App.

1. Introduction

1.1. The App is owned and operated by Eljam PTY LTD, trading as Healthly, located in Cardiff, NSW, Australia (“Company”). You may contact the Company at [email protected].

1.2. These Terms set out the legal agreement between you (“User”) and the Company regarding your use of the App.

2. Acceptance of Terms

2.1. By using the App, you confirm that you have read, understood, and agreed to these Terms, including any future updates or modifications.

2.2. The Company may update these Terms at its discretion. Continued use of the App after updates constitutes acceptance of the revised Terms.

2.3. Users must be at least 18 years old or the age of majority in their jurisdiction to use the App or subscribe to services.

3. Licence and Use

3.1. Subject to compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable licence to use the App for personal, non-commercial purposes.

3.2. The Company reserves all rights not expressly granted. Any unauthorised use may result in termination of access.

4. Account Registration

4.1. If registering via third-party services (e.g., Apple, Google), you consent to the Company accessing publicly available information from those services.

4.2. You are responsible for maintaining confidentiality of account credentials. All activity conducted under your account is your responsibility.

5. Subscriptions

5.1. Subscription services may be offered within the App, automatically renewing unless cancelled via your device’s subscription management system.

5.2. All billing, renewals, and cancellations are subject to your app store provider’s policies. The Company is not responsible for payments processed through app stores.

6. Updates and Support

6.1. The Company may provide App updates, enhancements, or new versions at its discretion. Access to these features is not guaranteed.

6.2. Support may be offered through tutorials or online resources; there is no general obligation to provide individual support.

7. User Conduct and Restrictions

7.1. Users must comply with all applicable Australian laws and regulations, including intellectual property, privacy, and consumer laws.

7.2. You must not:

- Reverse engineer or attempt to derive source code from the App;

- Copy, distribute, sell, or sublicense the App;

- Remove legal notices, trademarks, or logos;

- Interfere with the App’s functionality or security;

- Use the App to upload or distribute unlawful, harmful, or offensive content;

- Use the App commercially without explicit permission.

8. User Content

8.1. Users may submit content (“User Content”), including text, images, or other media.

8.2. By submitting User Content, you warrant that:

- You own or have permission to use the content;

- It does not infringe third-party rights;

- It is not illegal, harmful, or offensive.

8.3. You grant the Company a worldwide, royalty-free, perpetual licence to use, reproduce, display, adapt, and distribute User Content for purposes of operating, promoting, and improving the App.

9. Intellectual Property

9.1. The Company owns all intellectual property rights in the App and its content, including code, trademarks, and designs.

9.2. Users shall not:

- Use or register similar marks;

- Challenge ownership of the App’s intellectual property;

- Represent themselves as having rights in the Company’s IP.

10. Termination

10.1. These Terms are effective upon first use of the App.

10.2. The Company may terminate access immediately if you breach these Terms or engage in unlawful activity.

10.3. Uninstalling the App does not entitle you to a refund for subscription fees.

11. No Warranties

11.1. The App is provided “as is” and “as available.” To the fullest extent permitted by law, the Company disclaims all warranties, including merchantability, fitness for purpose, and non-infringement.

12. Limitation of Liability and Indemnity

12.1. To the extent permitted by Australian law, the Company will not be liable for any loss, damage, or expense arising from the use of the App.

12.2. You agree to indemnify the Company against any claim, loss, or liability arising from your use of the App.

12.3. The Company is not responsible for errors resulting from incorrect data entered by the User.

13. App Stores and Third-Party Providers

13.1. Access to the App through app stores is subject to the store’s terms. The Company is not responsible for third-party billing, support, or warranties.

13.2. Users must comply with any third-party terms applicable to their device or app store.

14. AI Features

14.1. The App may include AI-powered features for food recognition or analysis. These features are provided “as-is” and do not constitute medical or legal advice.

14.2. Users must verify the accuracy of AI-generated results.

14.3. Do not upload sensitive personal data to AI features unless explicitly permitted.

15. Account Responsibility

15.1. You are responsible for maintaining the security of your account credentials and all activity under your account.

15.2. The Company is not liable for unauthorised access resulting from failure to protect credentials.

16. Governing Law and Jurisdiction

16.1. These Terms are governed by the laws of New South Wales, Australia.

16.2. Any dispute must be resolved in the courts of New South Wales. Class action rights are waived.

17. Miscellaneous

17.1. These Terms constitute the entire agreement between you and the Company regarding the App.

17.2. Amendments must be in writing and approved by the Company.

17.3. Failure to enforce a right does not waive it.

17.4. Rights and obligations may not be transferred without written consent.

17.5. If any provision is found invalid, the remaining Terms remain in effect.