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 advice, clinical recommendations, diagnoses, or treatment suggestions. Nothing in the Service should be interpreted as medical advice.

Tubely is NOT a medical device. The Service does not meet the definition of a medical device under the Australian Therapeutic Goods Act 1989, the US Federal Food, Drug, and Cosmetic Act, or the UK Medical Devices Regulations 2002. 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.

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.

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 for the purpose of providing and improving the Service. 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 personal details are erased and the account is disabled immediately — there is no waiting period. 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.

7. Care Circle and Sharing

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

• 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 summary links can be forwarded by the recipient to others.

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.

8. Subscription Tiers and Payment

Tubely offers a free tier and paid subscription tiers. The free tier provides core care coordination features as described on our website and within the application.

• Paid subscriptions: Paid tiers (Tubely Pro, Professional, and Enterprise) provide additional features. Pricing and features are displayed at the point of purchase.
• Payment processing: Subscriptions are sold and billed by Apple through In-App Purchase and are also governed by your agreement with Apple. We do not receive, store, or have access to your payment details. To change or cancel a subscription, open Settings on your iPhone, tap your name, then Subscriptions.
• Cancellation: You may cancel your paid subscription at any time. Cancellation takes effect at the end of the current billing period. No data is deleted when you downgrade.
• 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 provide at least 30 days' notice before increasing subscription prices.

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 will provide data export functionality.

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

• No warranty: The Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory.
• Limitation of damages: In no event shall Wholefeed Pty Ltd, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages.
• Maximum liability: Our total aggregate liability shall not exceed the greater of (a) the amount you paid us in the twelve months preceding the claim, or (b) AUD $100.
• 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.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, death or personal injury caused by negligence, or any liability that cannot be excluded under Australian Consumer Law.

12. Indemnification

You agree to indemnify and hold harmless Wholefeed Pty Ltd, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Service, your violation of these Terms, your violation of any law, information you enter into the Service, or your infringement of any rights of any third party.

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 an opportunity to download your data.
• Effect of termination: Your right to use the Service ceases immediately. Your data will be handled in accordance with our Privacy Policy.

14. Dispute Resolution

Informal resolution: Before initiating formal proceedings, you agree to contact us at support@tubely.com.au and attempt to resolve the dispute informally for at least 30 days.

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, UK consumer protection legislation, or any other mandatory consumer protection laws applicable in your jurisdiction.

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.

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