Tubely Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) are a legal agreement between you and Wholefeed Pty Ltd (ABN 25 696 877 406), trading as Tubely (“we”, “us”, “our”). By creating an account, accessing, or using the Tubely application, website, or any related services (collectively, the “Service”), you agree to be bound by these Terms, our Privacy Policy, and our Medical Disclaimer.

If you do not agree to these Terms, do not use the Service. If you are using the Service on behalf of an organisation (such as an NDIS provider, school, or healthcare facility), you represent that you have the authority to bind that organisation to these Terms.

2. Description of Service

Tubely is a care coordination platform designed for individuals who are tube fed and the teams around them. The Service enables authorised users to create and share feeding plans, medication schedules, care logs, and handover summaries within a permission-controlled care circle.

The Service is available as a mobile application for iOS, a Progressive Web Application (PWA), and a web application.

3. Medical Disclaimer and Limitation

Tubely is NOT medical advice. The Service is a care coordination and information management tool. It does not provide medical, nutritional or dietetic advice, clinical recommendations, diagnoses, or treatment suggestions. Nothing in the Service should be interpreted as medical advice, and using it does not create a clinician–patient relationship between you and us.

Tubely is NOT a medical device. Tubely is not intended to be, and we do not consider it to be, a medical device under the Australian Therapeutic Goods Act 1989 or the US Federal Food, Drug, and Cosmetic Act. It does not provide clinical decision support, generate treatment recommendations, or control or interface with any medical device including feeding pumps.

Always consult your healthcare team. All decisions about tube feeding regimens, medications, formula changes, and medical care must be made by qualified healthcare professionals in consultation with the patient or their parent/guardian.

Information accuracy is your responsibility. The information in Tubely is entered by users. We do not verify the clinical accuracy of any information entered into the Service.

Reminders are a prompt, not a safety net. Tubely can remind you about feeds, medications, flushes and equipment. Those reminders are scheduled on your own phone, and a phone will not always deliver them: notifications may be switched off, the phone may be off or out of battery, iOS limits how many reminders an app may have waiting and drops the rest, and reinstalling the app clears them. Do not rely on a Tubely reminder as the only thing standing between a person and a missed medication or feed. Keep whatever system you already trust.

Emergency situations. In a medical emergency, call your local emergency number (000 in Australia, 999 in the United Kingdom, 911 in the United States) immediately. Do not rely on Tubely for emergency medical information, or for anything time-critical.

4. Eligibility and Account Registration

To use Tubely, you must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher. If you are creating an account to manage health information about a child or dependent adult, you must be a parent, legal guardian, or authorised person with legal authority to make decisions about their care.

When creating an account, you agree to:

• Provide accurate and complete information
• Maintain the security of your password and not share it with others
• Notify us immediately of any unauthorised use of your account
• Accept responsibility for all activity that occurs under your account

5. Acceptable Use

You agree to use Tubely only for its intended purpose: care coordination for tube feeding and related medical needs. You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Enter knowingly false or misleading information into any patient record, feeding plan, or care log.
• Attempt to access patient records that you are not authorised to access.
• Attempt to circumvent, disable, or interfere with the security features of the Service.
• Use the Service to store information that is not related to tube feeding care coordination.
• Reverse engineer, decompile, or otherwise attempt to extract the source code of the Service.
• Use automated tools, bots, or scripts to access or interact with the Service.
• Share your account credentials with any other person.
• Use the Service to transmit malware, viruses, or other harmful code.

6. User Content and Data Ownership

You own your data. All personal information, health data, feeding plans, logs, and other content that you enter into Tubely (“User Content”) belongs to you. We do not claim ownership of your User Content.

Limited licence to us. By using the Service, you grant Wholefeed Pty Ltd a limited, non-exclusive, royalty-free licence to store, process, display, and transmit your User Content solely to provide the Service to you and to the people you share it with. We do not use your health information to improve the Service or for any other purpose. This licence terminates when you delete your account.

Data portability. Email support@tubely.com.au and we will send you a complete copy of your account and patient data in a machine-readable format within 30 days, at no cost. A self-service download is not yet built into the app.

Data deletion. You can delete your account at any time using the “Delete My Account” feature in Settings. Your name, phone number and email address are erased and your sign-in is deleted outright — immediately, with no waiting period. Your email address is released, so you can sign up again from scratch later if you want to. If you are the primary carer for someone, their record is deleted with your account and other members of their care circle lose access. If you are a member of someone else's care circle, the entries you logged stay in their record, as explained in section 9 of our Privacy Policy. Deleting your account does not cancel an App Store subscription; only you can do that, in Settings on your iPhone.

7. Care Circle and Sharing

As the primary carer, you control who has access to a patient's information. You are responsible for:

• The person's overall care, including keeping their feeding plan, medicines and reminders up to date.
• Deciding who to invite to the care circle and what permission level to assign.
• Ensuring that all persons invited have a legitimate need to access the patient's information.
• Removing team members when they no longer have a legitimate need for access.
• Understanding that handover links and shared feeding plan links can be forwarded by the recipient to others, and switching sharing off when it is no longer needed.

By inviting a person to the care circle, you consent to the sharing of the patient's health information with that person at the permission level you select. Tubely is not responsible for how team members use information they access through the care circle.

If you are in someone else's care circle. What you can see in Tubely is another person's health information, shared with you for one reason: so that you can help care for them. By accepting an invitation you agree that you will use it only for that, that you will not disclose it to anyone outside the care circle without the primary carer's agreement unless the law requires you to, and that you will not copy it out of Tubely except where you need to for that person's care.

When you leave a care circle, or are removed from one, your access ends immediately. Anything you took out of Tubely while you had access — a handover you printed, a screenshot, a note you copied — is your responsibility to destroy, because we cannot reach it. If you are a clinician, this does not displace your own professional record-keeping obligations, which continue to apply to your own records.

Choosing the right person, and shifts

If you are a member of someone else's care circle (in these Terms, a “carer”, whatever your role), or you look after two or more people in Tubely, the app asks who you are caring for and shows that person's name at the top of every screen. If you are a carer, choosing a person starts a shift with them.

If you are the carer on shift, you are responsible for:

• Choosing the right person before you record, change or act on anything, and checking the name each time Tubely asks.
• Following the person's care plan and the instructions of their treating team. Tubely is not medical advice and does not replace them.
• Starting a shift when you begin caring for the person and ending it when you stop. Reminders for a person reach your phone only while you are on shift with them.
• Using your own login, and not sharing it.

Shift times and entry times are recorded as you report them, and Tubely does not check them. An entry you delete stays in the record, marked as deleted with your reason. The primary carer can see your shift records and can end your shift.

The primary carer remains responsible for the person's overall care and for who has access to their record, as set out above.

8. Subscription and Payment

Tubely is a paid subscription service. Access to the application requires an active subscription, which is purchased inside the Tubely iOS app through Apple In-App Purchase. New subscribers get a 14-day free trial; unless you cancel at least 24 hours before it ends, the subscription starts and your Apple account is charged for the first month. There is no free tier beyond the trial.

A subscription covers every care circle you own. People you invite into one of them do not need a subscription of their own — their access runs on yours, and ends when yours does.

• Price and term: The price, the billing period, and any introductory offer are shown by the App Store at the point of purchase, and those are the terms that apply.
• Automatic renewal: A Tubely subscription renews automatically at the end of each billing period. Your Apple account is charged for the next period within 24 hours before the current one ends, at the price shown at purchase, and it keeps renewing until you cancel.
• Cancellation: To cancel, open Settings on your iPhone, tap your name, then Subscriptions, and turn off renewal at least 24 hours before the period ends. Cancelling later takes effect at the end of the following period. Deleting the Tubely app does not cancel the subscription.
• What happens when it ends: Cancellation takes effect at the end of the period you have already paid for. After that you can still sign in, but you will not be able to open your records until you subscribe again. Nothing is deleted — your records, and those of anyone in a care circle you own, are kept and are there when you return. If you want them gone instead, delete your account.
• Payment processing: Subscriptions are sold and billed by Apple and are also governed by your agreement with Apple. We do not receive, store, or have access to your payment details.
• Refunds: Because Apple sells and bills the subscription, only Apple can refund it. Request one at reportaproblem.apple.com, or through Settings on your iPhone. We cannot issue a refund for a purchase we never received. If Apple declines and you believe you are entitled to a remedy, contact support@tubely.com.au and we will help you take it up with them. Nothing here limits your rights under the Australian Consumer Law.
• Price changes: We will give you at least 30 days' notice before any price increase. Apple will also ask you to confirm the new price before it takes effect; if you do not, the subscription will not renew.

Apple. These Terms are between you and Wholefeed Pty Ltd, not Apple, and Apple is not responsible for Tubely or its content. Apple has no obligation to provide support or maintenance for Tubely. Apple is not responsible for any claim you may have relating to Tubely, including product liability, a failure to comply with any legal requirement, or a claim arising under consumer protection law; any such claim is ours to answer. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

• What your licence covers: We give you a personal, non-transferable licence to use Tubely on Apple devices that you own or control, as allowed by Apple's Usage Rules in the Apple Media Services Terms and Conditions. Anyone sharing your Apple account through Family Sharing may use it on the same basis.
• Warranty: Any warranty for Tubely is ours, not Apple's. If Tubely does not do what a warranty says it will, tell Apple and Apple will refund what you paid for it; beyond that refund Apple has no warranty obligation to you, and anything else arising from the failure is ours to answer. This does not affect your rights under the Australian Consumer Law or similar laws where you live, which cannot be excluded.
• Intellectual property claims: If anyone claims that Tubely, or your use of it, infringes their intellectual property, we handle that claim — the investigation, the defence and any settlement — not Apple.
• Where you are: By using Tubely you confirm that you are not in a country subject to a United States government embargo or designated by it as supporting terrorism, and that you are not on any United States government list of prohibited or restricted parties.
• Other services you use: Using Tubely does not excuse you from the terms of the other services it relies on — your mobile carrier and data plan, for instance.
• Questions and complaints: Anything you want to raise about Tubely — a question, a complaint, a claim — comes to us, not Apple, at support@tubely.com.au. We are Wholefeed Pty Ltd (ABN 25 696 877 406), an Australian company.

9. Service Availability and Modifications

We strive to make Tubely available at all times but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, unscheduled outages, circumstances beyond our reasonable control, or necessary security updates.

We reserve the right to modify, update, or discontinue any feature. We will provide at least 30 days' notice before discontinuing any core feature, and on request we will send you a copy of your data at no cost.

10. Intellectual Property

The Tubely application, including its source code, design, logos, trademarks, and documentation, is the intellectual property of Wholefeed Pty Ltd. These Terms do not grant you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.

11. Limitation of Liability

Subject to the paragraph above, and to the maximum extent the law allows:

• No warranty beyond those the law implies: The Service is provided as it is and as available. We do not warrant that it will be uninterrupted or error-free, or that a reminder will always be delivered on time.
• Limitation of damages: Wholefeed Pty Ltd, its directors, employees and agents are not liable for indirect, incidental, special, consequential or punitive damages.
• Clinical outcomes: We are not liable for any clinical decisions, medical outcomes, adverse events, or harm arising from use of or reliance on information in the Service.
• User-entered information: We are not liable for the accuracy, completeness, or reliability of information entered by users.
• Mistakes by users: We are not liable for loss or harm caused by a user's mistake, including recording or acting on information for the wrong person, not following the care plan, or not starting or ending a shift.
• Maximum liability: Where we are permitted by law to limit our liability, our total aggregate liability is limited to the amount you paid us for the Service in the twelve months before the claim.

Nothing in these Terms limits liability for fraud, or for death or personal injury caused by our negligence.

12. Indemnification

12.1 Individuals

You agree to indemnify Wholefeed Pty Ltd, its directors, employees, and agents against any claim made against us by someone else, and the reasonable costs of it, to the extent the claim arises from your breach of these Terms, your breach of the law, or information you enter into the Service that you knew, or should reasonably have known, was false or that you had no right to enter. This does not apply to the extent the claim arises from our own negligence or breach of these Terms, and nothing in it affects your rights under the Australian Consumer Law.

12.2 Organisations

If you use Tubely on behalf of an organisation — an NDIS provider, a school, a disability service, a hospital or a clinic — this clause applies to that organisation as well as to you.

The organisation is responsible for the conduct of its own personnel in Tubely: who it allows to hold an account, what they do with information they can see, and removing them from every care circle when they leave or change roles. The organisation must have its own lawful basis for its staff to access a client's health information, and its own privacy and record-keeping obligations continue to apply — using Tubely does not discharge them.

The organisation indemnifies Wholefeed Pty Ltd against any claim, liability, loss or expense arising from its personnel's access to, use of, or disclosure of information in Tubely, or from its failure to remove personnel who no longer need access. This does not apply to the extent the claim arises from our own negligence or breach of these Terms, and nothing in it affects a consumer's rights under the Australian Consumer Law.

13. Termination

• Termination by you: You may stop using the Service and delete your account at any time. Upon account deletion, these Terms terminate except for provisions that survive termination (including Sections 6, 11, 12, and 15).
• Termination by us: We may suspend or terminate your access if you materially breach these Terms, if required by law, or if we discontinue the Service entirely. Except in cases of illegal activity or imminent harm, we will provide at least 14 days' notice and, on request, a copy of your data.
• Effect of termination: Your right to use the Service ceases immediately. Your data will be handled in accordance with our Privacy Policy.
• If the person at the centre of a care circle dies: nothing happens automatically and nothing is deleted on a timer. Their record stays as it is, and the primary carer decides what happens to it and when. Section 9 of our Privacy Policy sets out the options, including how to get a copy of the record to keep.

14. Dispute Resolution

Talk to us first: If you have a problem with Tubely, please contact us at support@tubely.com.au first, and we will try to resolve it within 30 days. This does not stop you from making a complaint to a regulator, such as the Office of the Australian Information Commissioner or NSW Fair Trading, or from taking legal action at any time.

Governing law: These Terms are governed by the laws of the State of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Consumer rights preserved: Nothing in these Terms restricts your rights under the Australian Consumer Law or any other consumer protection law that applies to you and cannot be excluded.

15. General Provisions

• Entire agreement: These Terms, together with the Privacy Policy and Medical Disclaimer, constitute the entire agreement between you and Wholefeed Pty Ltd.
• Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full force.
• No waiver: Our failure to enforce any provision does not constitute a waiver.
• Assignment: You may not assign your rights. We may assign ours in connection with a merger, acquisition, or sale of assets.
• Changes to Terms: We may update these Terms. We will notify you by email at least 30 days before material changes take effect. If a change is to your detriment and you do not accept it, you may delete your account before it takes effect, and you can turn off your subscription's renewal in your iPhone's Settings so that you are not charged again.

16. Contact

For questions about these Terms of Service:

Email:

support@tubely.com.au

Entity:

Wholefeed Pty Ltd (ABN 25 696 877 406)

Trading as:

Tubely