StandingTall App Terms and Conditions of Use

1. About the Application

Welcome to StandingTall (Application).
- The Application is operated by StandingTall, a research product created by Neura Australia. Access to and use of the Application, or any of its associated products or services, is provided by StandingTall. Please read these terms and conditions (Terms) carefully.
- Your continued use of this Application signifies that you agree to be bound by them. If you do not agree with the Terms, you must cease usage of the Application immediately.
- StandingTall reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.

2. Accounts

In order to use the Application, you must first register for an account through the Application (Account).
- As part of the registration process, or as part of your continued use of the Application, you may be required to provide personal information about yourself (such as identification or contact details), including:
  - Email address
  - Year of Birth
  - First and Last Name
  - General Health Screening Information
    collectively hereafter referred to as Your Data.
- You warrant that any information you give to StandingTall in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Application (Member) and agree to be bound by the Terms.

3. Statistical data collection

In addition to Your Data, StandingTall records the of use of the Application and logs the following information for statistical purposes:
- the date and time of access;
- the pages accessed and actions taken (e.g., buttons pressed);
- the permissions you provide such as alerts;
- the data you enter as part of your profile listed as Your Data above;
- as well as de-identified user data and analytics that includes audience reach, demographics, geography, usage (including engagement with the Application’s functionality).

4. Use of Your Data

StandingTall may use or disclose Your Data as well as the actions you take within the Application for purposes including the following:
- purposes related to StandingTall’s research, planning, service development, security and testing;
- purposes connected with the operation, administration, development or enhancement of the Application;
- any other purposes required or authorised by or under law.

Deidentified statistical data collected in accordance with these Terms and Conditions is collected for the following purposes:
- Service and system administration, including monitoring to prevent security breaches;
- performance related issues, such as broken links or features which are not working;
- enhancement of the Application to better service the user’s needs; and
- research, analysis, development and reporting, including determining the effectiveness of the Application.
- You have rights relating to personal data that we process about you.
These rights include:
- You can apply to be provided with a copy of any personal data that we hold relating to you
- In some situations, to restrict processing of your personal data or ask for it to be deleted
- To ask for any inaccurate information to be corrected.
- Individual customers can appeal to us not to use their personal data for business forecasting under legitimate interests.
- If you would like to exercise any of these rights, please get in touch.
- If you are still dissatisfied with the way we deal with your data or requests, you are within your rights to lodge a complaint with the ICO (Information Commissioner’s Office).

5. Use of AI within the Application

The Application may utilise artificial intelligence, machine learning algorithms, and large language models, collectively AI Features, to provide certain services. By using these features, users acknowledge that AI-generated information may contain errors and may not always produce accurate output.
Users are granted a limited, revocable, non-exclusive, non-transferable license to use the AI Features within the Application. The AI Features are provided “as is” and without warranty of any kind.
The Application reserves the right to restrict the use of AI Features for:
- Processing sensitive personal information
- Health advice without qualified human review

6. Third-Party Services

This Service may make use of third-party services to extend its functionality or capability.
To the extent permitted by law, you agree that StandingTall and its employees and agents are excluded from liability (including liability by reason of negligence) for any loss, damage, cost or expense, whether direct, indirect, consequential or specific caused by use or reliance on the third-party services used to extend the functionality or capability of this Service.
StandingTall may disclose your information to overseas recipients, including recipients located in the United States. These third party services may include: Google Firebase Analytics & Google Firestore
- The Application may use Google Firebase Analytics and Google Firestore to collect information about your use of the Application as listed above under Statistical Data Collection. Firebase anonymously tracks how users interact with this service for analytics purposes. The information captured under Statistical Data purposes above will be transmitted to and stored by Google on Google Firestore, whose servers may be in the United States. Google will use this information for the purpose of compiling reports on activity and providing other services relating to activity and usage.
The Application may also integrate AI services from third-party providers. Users acknowledge that:
- Third-party AI services are subject to their own terms and conditions
- The Application is not responsible for the performance or reliability of third-party AI services
- Users may need separate agreements with third-party AI providers to access certain features

7. Your obligations as a Member

As a Member, you agree to comply with the following:
- you will use the Application only for purposes that are permitted by the Terms;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Application;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify StandingTall of any unauthorised use of your password or email address or any breach of security of which you have become aware;
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 StandingTall ;
you will not use the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of StandingTall ;
you will not use the Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application; and
- you acknowledge and agree that any automated use of the Application is prohibited.

8. Payment

All payments for the use of the Application are made either through subscription (Subscription) directly via the Apple App Store or Google Play Store, or through an affiliated organisation that has provided you with access via a referral code. By using the Application, or making any payments, you confirm that you have read, understood, and agree to the terms and conditions of the Subscription provider or your affiliated organisation, which are available on their respective websites.
You agree that StandingTall reserves the right to modify the Subscription fee at any time, with changes taking effect at the end of your current Subscription period.

9. Copyright and Intellectual Property

The Application and all the related products of StandingTall 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 Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements, progression algorithms and interactive features) are owned or controlled for these purposes and are reserved by StandingTall or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by StandingTall , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Application pursuant to the Terms;
- copy and store the Application and the material contained in the Application in your device’s cache memory; and
- print pages from the Application for your own personal and non-commercial use.

StandingTall does not grant you any other rights whatsoever in relation to the Application. All other rights are expressly reserved by StandingTall .

StandingTall retains all rights, title and interest in and to the Application. Nothing you do on or in relation to the Application will transfer any:
- business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

You may not, without the prior written permission of StandingTall and the permission of any other relevant rights owners: broadcast, republish, up-load to a third-party, transmit, post, distribute, show or play in public, adapt or change in any way the Application for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

10. Privacy

StandingTall takes your privacy seriously and any information provided through your use of the Application is subject to StandingTall ‘s Privacy Policy, which is available via the Application.

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
- StandingTall 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 Application or these Terms (including as a result of not being able to use the Application or the late supply of the Application), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Your use of the Application is at your own risk. The Application and all content provided through it are offered “as is” and “as available,” without any warranty or condition, express or implied. StandingTall , including its affiliates, directors, officers, employees, agents, contributors, and licensors, makes no representation or warranty regarding the Application, including the products or services referenced within it. This disclaimer includes, but is not limited to, any loss or damage resulting from:
- Your use of the Application, including the recommended exercises and activities, which are provided in good faith and undertaken at your own risk;
- Performance failures, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, computer viruses, harmful components, loss of data, communication failures, unlawful third-party conduct, or unauthorised access to or alteration of records;
- The accuracy, suitability, or timeliness of any information or service-related products on the Application, including third-party content;
- Any costs incurred from your use of the Application or products of StandingTall ; and
- Issues related to links provided for your convenience on the Application.

12. Limitation of liability

StandingTall ‘s total liability arising out of or in connection with the Application or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Application to you.
You expressly understand and agree that StandingTall , its affiliates, employees, agents, contributors 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 loss of goodwill or business reputation and any other intangible loss.

13. Security of information

Standing Tall will take reasonable steps to keep secure any personal information, which it holds, and to keep this information accurate and up to date. Personal information is stored in a secure server or secure files. The Internet is not always a secure method of transmitting information. Accordingly, Standing Tall cannot accept responsibility for the security of information you send to or receive from us over the Internet or for any unauthorized access or use of that information.

14. 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 StandingTall . Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, StandingTall 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.

15. Termination of Contract

The Terms will continue to apply until terminated by either you or by StandingTall as set out below.
If you want to terminate the Terms, you may do so by:
- Cancelling any Subscription for the Application you may have from the relevant App Store, with this then ceasing to be available to you at the end of the current Subscription period; or
- Informing your affiliated organisation that you wish to terminate your use of the Application and removing the Application from any devices.
StandingTall may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- StandingTall is required to do so by law;
- the provision of the Application to you by StandingTall is, in the opinion of StandingTall , no longer commercially viable.
Subject to local applicable laws, StandingTall reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts StandingTall ‘s name or reputation or violates the rights of those of another party.

16. Indemnity

You agree to indemnify StandingTall , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
any breach of the Terms.

17. Governing Law

The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.

18. 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.