Terms of Use
Terms of Use for Prospero Health
Effective Date: 14 October 2026 Version: 2.0
Change Log
Version 2.0 — 14 October 2026
Substantially revised and expanded, including changes relating to accounts, subscriptions and billing, privacy, use of the App, sharing information with caregivers and clinicians, user content, liability, and users’ rights under the Australian Consumer Law.
This is not a complete summary of the changes. We recommend that you read these Terms in full.
Version 1.1 — 12 September 2025
Updated the account information required for registration from a mobile phone number to an email address; expanded the App’s intended use to include mood tracking; and made minor wording and administrative updates.
Version 1.0 — 13 December 2024
Initial version.
Terms of Use
1. About Us and these Terms
Impact Obesity Ltd (ABN 65 649 953 891) (“we”, “us”, “our”) owns and operates the Prospero Health mobile application ('the App') and the associated prospero.health website (‘the website’).
The App helps users track symptoms, appetite, and mood, provides insights into user health, and supports user connection with healthcare.
Collectively, the App and its functionality, our website, and any other services we provide through the App or our website are “the Services”.
Please read through the following Terms of Use (“Terms”) for users of the Services (“Users”). These Terms will form an agreement between you and us which will govern your use of the Services.
By agreeing to these Terms, or by otherwise accessing and using the Services after these Terms have been made available to you, you acknowledge and confirm that you have read and understood these Terms, and you agree to comply with these Terms.
If you disagree with any of these Terms, please do not use the Services.
2. Privacy and Your Personal Information
2.1 Privacy
Our Privacy Policy as updated from time to time in accordance with its terms, explains how we collect, use, disclose, store and manage personal information in connection with the Services. All users of the App must consent to the terms of our Privacy Policy to create an Account and be granted access to the App functionalities. Our Privacy Policy is found here: prospero.health/privacy-policy, and we will provide you with a copy of our Privacy Policy on request.
We will handle your personal information in accordance with:
applicable privacy and health records laws, including the Privacy Act 1988 (Cth) and its Australian Privacy Principles, the Health Records Act 2001 (Vic) and its Health Privacy Principles, the Health Records and Information Privacy Act 2002 (NSW) and its Health Privacy Principles, and the Health Records (Privacy and Access) Act 1997 (ACT) and its Privacy Principles (these state and territory Health Privacy Principles and Privacy Principles are referred to in these Terms as the ‘HPPs’); and
our Privacy Policy.
You agree to comply with all applicable privacy laws when collecting and handling any personal information in connection with the Services.
You may only register for and operate an Account (see clause 3.4) for your own personal use and if you are 18 years of age or older. You must not register for or operate an Account on behalf of another person, including as a caregiver, family member, substitute decision-maker or other representative.
If you choose to share or export information about yourself to a caregiver, family member, substitute decision-maker or other third party outside the Services, we are not responsible for any information once it has been accessed, downloaded, copied, stored or otherwise handled outside the Services by such third parties.
If we become aware that an Account is being operated by a person other than the registered user, or that the registered user is no longer able to operate the Account, we may suspend, limit or cease access to the Account.
You must not share with any third party, copy or export any other person’s personal information externally from the Services unless this is in accordance with applicable privacy laws, and you have obtained all necessary consents from each such person.
We keep your personal information for the time periods required by law. When your personal information is no longer required (and in the case of your health information, the information has been retained for the required periods under the HPPs or otherwise under law) we will take steps to securely destroy the information or to ensure that the information is permanently de-identified.
2.2 Third-Party Service Providers
You acknowledge that the Services may use and integrate with software and systems provided by third-parties (“third-party service providers”) for functions and services such as secure hosting, authentication, image moderation services for uploaded nutrition intake images, crash reporting, subscription verification, customer support, analytics and marketing, as discussed in our Privacy Policy. Where analytics or marketing tools are optional, you may manage your preferences using the settings or opt-out mechanisms described in our Privacy Policy, which may include settings in your internet browser, or the relevant third-party platform.
You acknowledge and agree that your personal information may be provided to these third-party service providers in accordance with our Privacy Policy and to the limited extent necessary for the third-party service providers to provide such functions and services, and for us to provide our Services to you.
3. Use and Access
3.1 Use
This App’s intended use is described in clause 1 of these Terms, and the App provides you with general health guidelines and information.
You acknowledge and agree that:
the Services (including the App) are designed for personal use and may provide you with general health guidelines and information only;
the Services do not diagnose, treat, prevent, or mitigate any specific disease or medical condition, and do not provide any specific medical advice or guidance;
the Services must not be used as the sole means of assessment, diagnosis or treatment, and must not be used as a substitute for assessment, diagnosis or treatment by a qualified health practitioner, in respect of any disease or medical condition you may have;
you must provide true and correct responses to any questions or prompts for you to input information when using the Services;
if you provide false or misleading responses in connection with the Services, this may affect the accuracy or usefulness of your records and any information generated through the Services;
you are responsible for obtaining appropriate advice from a qualified health practitioner in relation to your health, should you have any concerns regarding your health, whether during or after your use of the Services;
we are not an emergency service, and the Services must not be used to make urgent or emergency decisions. If you are experiencing a medical emergency, severe side effects, or a mental health crisis, you must call 000 or immediately attend the emergency department of your nearest hospital; and
you will comply with all applicable laws when using the Services.
You must not make any part of the Services and information provided through the Services available as part of another application or website or system in any manner without our express written consent.
You must not use any device, application, software, item or equipment, or take any action, which does or may affect the operation of the Services, or use the Services to track or share User information in a public forum or with unauthorised third parties.
We may provide links to or information from third party applications or websites through the Services we provide (“Third Party Information”). We do not endorse, and we are in no way responsible nor liable for the content of any Third Party Information. Further, we do not claim that any Third Party Information is accurate. You are responsible for assessing the relevance and accuracy of the Third Party Information. Linked third party applications or websites may have their own terms and conditions of use, and you should familiarise yourself with those terms and conditions when using such Third party applications or websites.
3.2 License to Use
We grant you a limited, revocable, non-exclusive, and non-transferable license to access and use the Services for personal, non-commercial use, subject to these Terms. You must not engage in any unauthorised access, use, or exploitation of the Services.
3.3 Age and Location Restrictions
The Services must not be used by Users under the age of 18 who are located in Australia. By using the Services, you confirm that you are at least 18 years old and located in Australia. If you are under 18 and/or not located in Australia, you must not use the Services. It is your responsibility to ensure compliance with these age and location requirements. We may suspend access to the Services in our absolute discretion should there be non-compliance with these age and location requirements.
3.4 Accounts
Users will be authorised to use the Services only after registering for an account (“Account”).
You acknowledge and agree that:
registration may also be subject to further eligibility criteria published on the App or our website, from time to time; and
we reserve the right to accept or reject any person’s application for Account registration in our discretion, including where we reasonably consider that: you do not meet eligibility requirements (e.g., age and location requirements); you have provided inaccurate information; you have previously breached these Terms; or where registration may create a legal, privacy, security or operational risk.
Once registered for an Account, you agree to the following terms:
you must provide valid contact details at the time of your application for an Account, and we may use those details to contact you regarding the administration of your Account and the provision of the Services, including for security and identity verification purposes and to provide information or educational materials relevant to your use of the Services. Additional verification may be required for sensitive actions such as account deletion or data export;
if any of the details you provided when you registered your Account change, you must promptly update your Account details using the Account settings provided in the App, or by otherwise contacting us using the contact details below;
you are responsible for the security of your Account details and password, and you must not provide your Account details or password to any other person; and
you must notify us immediately if you suspect or become aware of any unauthorised access to your Account or if your Account details or password have become compromised.
3.5 Subscriptions, Billing and Cancellation
The App is intended for use by individuals located in Australia, and the App is distributed and made available through third‑party digital storefronts, including the Apple App Store and Google Play (each a “Storefront”).
The App offers paid subscriptions and may include free trial periods.
Subscriptions are purchased through the relevant Storefront you use. All billing, payment processing, and many refund decisions are handled by the Storefronts under their applicable terms.
All prices and fees for subscriptions are displayed in Australian dollars (unless the Storefront specifies otherwise) and are charged by the relevant Storefront using the payment method linked to your Storefront account. The specific subscription price, billing period, trial period and inclusions will be displayed to you before purchase through the relevant Storefront, as updated from time to time. You are responsible for reviewing those details before subscribing via the Storefront.
Subscriptions renew automatically at the end of each billing period, but you may cancel your subscription at any time by turning off auto‑renewal in your Storefront account settings, with access continuing until the end of the current billing period, after which you will no longer be charged for the subscription and access to paid subscription features will cease.
Deleting the App or your Prospero Health account does not cancel your subscription, and you must cancel any active subscription through the relevant Storefront.
Free trials convert to paid subscriptions automatically at the end of the trial unless cancelled beforehand. Price changes will be notified in advance.
Requests for refunds of subscription fees are generally made and processed through the Storefront, in accordance with the Storefront’s own policies and any rights you may have under the Australian Consumer Law.
3.6 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth).
The services provided by the App (our Services) come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled:
to cancel your service contract (i.e., the Services) with us; and
to a refund for the unused portion (i.e., get a refund for the parts of the Services not already consumed), or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage where there is a major failure.
A ‘major failure' includes where a reasonable consumer would not have acquired the Services if they had known the nature and extent of the problem, or the Services are substantially unfit for their normal purpose and cannot easily be made fit for such a purpose, within a reasonable time.
If the failure does not amount to a major failure, you are entitled to have problems with the Services rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
To claim against us for breach of a consumer guarantee under the Australian Consumer Law, or under an express warranty provided by us, you must provide us with written notice with documentary evidence substantiating the claim. Where we have assessed that you have a valid claim under the Australian Consumer Law, we will contact you and arrange a remedy.
4. User Content and Licences
You retain ownership of all health notes, symptom entries, and other personal content you submit through the App (“User Content”). However, all tools, summaries, insights, information or other content generated by the App or otherwise by us in providing the Services, which are based on User Content (“Our Content”) are owned by us.
By submitting User Content, you grant Impact Obesity Ltd a limited, non-exclusive, royalty-free licence to collect, store, process, and use your User Content to provide you with the App and other Services, and to comply with legal requirements for document retention. This licence for User Content includes a right of sublicence to our third-party service providers (as described in these Terms) for the same purposes. This licence ends when you delete your account, and we have satisfied all legal retention periods for information set out in our Privacy Policy.
We grant you a limited, non-exclusive licence to access, view, and use Our Content solely to the extent necessary for your use of the App and other Services. Our licence to you for Our Content will terminate upon termination of your account or you otherwise ceasing to use the Services.
We may de-identify your User Content so that it can no longer reasonably identify you. De-identified data may be used for product improvement, analytics, or research purposes, in accordance with our Privacy Policy. We will never use identifiable User Content for any purpose beyond those described in these Terms and our Privacy Policy.
You warrant that your User Content does not infringe the rights of any third party and that you have the right to submit it. You must not submit content that is false, unlawful, or that you do not have permission to share.
5. Limitations of Liability
5.1 General Liability
To the maximum extent permitted by law and subject to the Australian Consumer Law:
we are not liable for, and you release us from all liability (including in negligence) in respect of any damages or losses arising from or in connection with :
Loss or unavailability of data (including tracking records and notes) or functionality of the Services (including any Services downtime or outages).
Reliance on the Services for medical decisions. Users should always consult a healthcare professional for medical advice.
The provision of services by or any other conduct of third party healthcare providers in connection with the Services.
Any User Content that you provide through the Services.
Any breach by you of any applicable law or the rights of a third party (including any third party intellectual property rights).
Nothing in this clause 5.1 limits or excludes any liability that cannot be limited or excluded by law, including any consumer guarantee under the Australian Consumer Law that the Services will be provided with due care and skill, or our obligations under applicable privacy laws.
5.2 App Availability
We do not guarantee 24/7 access to the App or other Services and the Services 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. If we remove a paid feature materially, you may cancel your subscription without any cancellation fee or other penalty imposed by us. Any refund will be handled through the relevant Storefront in accordance with its policies and any rights you may have under the Australian Consumer Law as discussed in clause 3.5.
6.2 Changes to the Terms
We may update these Terms periodically. Any updates will be communicated to Users via the App or other electronic communication from us. For non-material changes to the Terms, continued use of the Services after we have provided notice of the updated Terms constitutes acceptance of those changes.
If we make material changes to these Terms, you will be required to agree to the updated Terms before you can continue using the Services. If you do not agree to these updated Terms, you must stop using the Services and you may close your Account and cancel your subscription without any cancellation fee or other penalty imposed by us. Any refund will be handled through the relevant Storefront in accordance with its policies and any rights you may have under the Australian Consumer Law.
7. Termination
7.1 Request for Account Closure
You may stop using the Services at any time and may request closure of your Account by contacting us or using any Account closure functionality available via the App. If you have a paid subscription, you must also cancel that subscription through the relevant Storefront.
7.2 Action by Us if You Breach These Terms
We may suspend, restrict or terminate your access to the Services or your Account if you breach these Terms, if we reasonably suspect any unauthorised use, cybersecurity or other security risk or unlawful activity in relation to the Services, if we are required to do so by law, or if we discontinue the Services. Where the breach is not serious and is capable of remedy, we may give you a reasonable opportunity to remedy the breach before taking further action under this clause, unless we consider immediate action is required for legal, privacy, cybersecurity or other security risk, or safety reasons.
7.3 Consequences
On termination or Account closure, your right to access and use the Services ends. We may retain, delete or de-identify your information in accordance with our Privacy Policy and applicable law.
7.4 Inactive Accounts
If your Account is inactive for an extended period (as reasonably determined by us), we may contact you and may suspend or close your Account on reasonable notice. We may retain, delete or de-identify information associated with inactive Accounts in accordance with our Privacy Policy and applicable law. Closing or suspending an inactive Account does not automatically cancel any active subscription, which must be cancelled through the relevant Storefront.
7.5 Survival
Clauses concerning privacy, user content and licences, intellectual property, limitations of liability, and any other provisions of these Terms which by their nature are intended to survive, will continue to survive after termination for as long as is necessary to give effect to those provisions.
8. Intellectual Property
All content, designs, tools, trademarks and software within the App and other Services, including the Appetite Tracking and Symptom Tracking features (but excluding User Content as described in these Terms above), are owned by or licensed to Impact Obesity Ltd. Users are prohibited from using, copying, or distributing any of our intellectual property or any part of the Services without our explicit prior permission.
9. Jurisdiction
This Services are intended for use by individuals located in Australia and are operated in accordance with Australian laws. You agree that these Terms will be governed by the laws of the State of Victoria, Australia, and any dispute arising from or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
10. Miscellaneous
10.1 Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
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.
10.3 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Services.
10.4 Dispute Resolution
If you have a complaint about the Services, please contact us using the details below. We will acknowledge your complaint within 5 business days and work in good faith with you to resolve it.
11. Contact Us
For any questions or concerns regarding these Terms, please contact us using the following details:
Impact Obesity Ltd
ABN 65 649 953 891
Address: Cremorne House, 601/6 Adolph Street, Cremorne, Victoria 3121
Email: hello@prospero.health
Support: www.prospero.health/support
3478-6981-4098, v. 1