Terms of Use

Terms of Use for Prospero Health App 

Effective Date: 11 Dec 2024
Version: 1.0

Please read these Terms of Use ("Terms") carefully before using our app, as they govern your use of the Prospero Health mobile application ("the app"). 

By signing up for and using the app, you agree to these Terms. If you do not agree with any part of these Terms, you must not use the app. These Terms may be updated from time to time, and you will be notified of such updates via the app.  

1. User Consent 

By creating an account and using the app, you acknowledge that you have read and understood these Terms and agree to the collection, use, and processing of your data as outlined in the Privacy Policy. If you do not agree, you must refrain from using the app. 

2. Data Collection & Privacy 

2.1 Data Collection 

We collect information as outlined in our Privacy Policy. The mandatory data required for account creation includes: 

  • Mobile Phone Number 

  • Name 

Additional optional data may include personal measurements such as height, weight, and waist measurements. 

2.2 Data Retention 

User data will be stored securely and retained as long as necessary to provide the app's services. If a user deletes their account, all personal data will be removed from our records. 

If the app is inactive for a prolonged period, data may be retained for a reasonable time before deletion. The exact duration of data retention may be subject to review and changes as necessary. 

2.3 Data Sharing 

We do not share Personally Identifiable Information (PII) with third parties except as specified in our Privacy Policy. No user data will be shared with advertisers, healthcare providers, or analytics providers without prior consent. 

 

3. App Use & Access 

3.1 Intended Use 

This app is intended to track your symptoms, understand your appetite, and gain insights into your overall well-being. It is designed for personal use only and does not diagnose, treat, prevent, or mitigate any disease or medical condition.

The app is not intended to be used as a medical device or to provide any medical advice or guidance.

3.2 License to Use 

We grant you a limited, non-exclusive, non-transferable license to access and use the app for personal, non-commercial use, subject to these Terms. 

3.3 Age Restrictions 

The app is not intended for users under the age of 18. By using the app, you confirm that you are at least 18 years old. If you are under 18, you must not use the app. It is your responsibility to ensure compliance with age requirements. 

3.4 User Obligations 

You agree to: 

  • Use the app only for its intended use (see 3.1 Intended Use). 

  • Not engage in any unauthorised access, use, or exploitation of the app. 

  • Not use the app to track or share sensitive health information in a public forum or with unauthorised third parties. 

 

4. Data Protection & Privacy 

4.1 Security Measures 

We use industry-standard security measures to protect user data, including encrypted storage. Additionally, we have conducted an external security audit to assess vulnerabilities and ensure the app is secure. 

4.2 Access to and Correction of Data 

Users can request access to, correction, or deletion of their data by contacting us via the support enquiry form linked from the Support page.

 

5. Limitations of Liability 

5.1 General Liability 

Prospero Health and its affiliates are not liable for any damages or losses arising from: 

  • Loss of data (including tracking records and notes). 

  • System downtime or outages. 

  • Reliance on the app for medical decisions. Users should always consult a healthcare professional for medical advice. 

5.2 App Availability 

We do not guarantee 24/7 access to the app and may experience outages or maintenance periods. We will notify users of scheduled maintenance but cannot guarantee uninterrupted access. 

 

6. Modifications to the App or Terms 

6.1 Changes to the App 

We reserve the right to modify or discontinue any feature of the app at any time, without notice. 

6.2 Changes to the Terms 

We may update these Terms periodically. Any updates will be communicated to users via the app. Continued use of the app constitutes acceptance of the updated Terms. 

 

7. Intellectual Property 

All content, designs, and tools within the app, including the Appetite Tracking and Symptom Tracking features, are proprietary to Prospero Health and Impact Obesity Ltd. Users are prohibited from using, copying, or distributing any of our intellectual property without explicit permission. 

 

8. Local Compliance 

This app is intended for users within Australia only. By using the app, you agree to comply with Australian laws, including the Privacy Act 1988 and other applicable regulations. 

 

9. Jurisdiction 

These Terms are governed by the laws of Australia. Any legal disputes arising from or related to these Terms or your use of the app will be subject to the exclusive jurisdiction of the courts in Australia. 

 

10. Miscellaneous 

10.1 Dispute Resolution 

In the event of a dispute, we encourage users to first contact us to attempt to resolve the issue. If a resolution cannot be reached, the dispute will be governed by the laws of Australia. 

10.2 Severability 

If any provision of these Terms is found to be invalid or unenforceable, the remainder of the Terms will remain in full effect. 

 

11. Contact Us 

For any questions or concerns regarding these Terms, please contact us at: