SaaS means the software made available to you over a network on behalf of your Employer, and any update and new release that may be made available by Us in Our discretion.

You (and other grammatical forms of You) means the user of the SaaS.

We, Us, Our means Ethos Health Pty Ltd ABN 91 137 759 310.

Other definitions are at the end of this Agreement.

1. Agreement
   • This document and the Policies contain the terms and conditions on which We grant You the right to Access and use our Software as a Service (SaaS). Only if You agree with all its terms and conditions should You Access the SaaS. By using the SaaS you indicate that you agree with all the terms and conditions of this Agreement and the Policies.
   • You acknowledge and agree that our liability for any loss, damage or expense in respect of the SaaS is exclusively governed by our agreement with your Employer. The information on SaaS is a general guide and does not replace the advice given by an individual's own health professional or medical practitioner.
   • When You Access the SaaS an agreement is made between Us and You.
   • You must not use the SaaS if you have ceased to be employed by the Employer or ceased to have a contractual relationship with the Employer.
2. Accessing our SaaS
   • We grant to You a non-exclusive, non-transferable, limited right to Access the SaaS during the Term for the purposes of your Employer only.
   • The SaaS may contain flashing lights and colours, which may trigger an epileptic fit or seizure. It is your responsibility to ensure that You are able to use the SaaS without suffering from such events. It may be appropriate for you to consult a medical practitioner. You agree to not hold Us liable for any epileptic fits, seizures, photosensitivity or other health condition that may occur from observing or using the SaaS.
3. Confidential Information and Privacy

Confidential Information

• You must keep Your login details secret and not disclose them to any person.
• You must treat the SaaS as confidential and not allow another person to observe your screen while using the SaaS.

Privacy

• Our Privacy Policy can be found https://www.fatiguetech.com.au/privacy/. By using our SaaS you consent to our Privacy Policy.

4. Restrictions
   • You must not:
     • copy, adapt, translate, publish, communicate to the public, or create any derivative work or translation of the SaaS, unless expressly permitted by Us;
     • reverse engineer, reverse compile, de-compile or disassemble the object code of the SaaS or any part of the SaaS, or otherwise attempt to derive the source code of the SaaS;
     • defeat or attempt to defeat any digital rights management system or licensing system employed by Us or the providers or proprietors of the SaaS platform;
     • use the SaaS for the purpose of building a competitive product or copying its features or user interface;
     • attempt to download or Access the object code or source code of the SaaS;
     • use the SaaS to display, store, process or otherwise use any data (in any format, and whether readable by humans or by machines, and including data that is Customer Data) that, in Our opinion:
       • infringes any person’s Intellectual Property Rights, right to privacy, right to keep confidential information confidential, right to publicity or induces any person to breach a contract;
       • is unlawful (including breaching laws relating to the wrongful distribution of email or other electronic messages “spam”), discriminatory, derogatory, defamatory, slanderous, malicious, obscene, contains child pornography or is immoral;
       • contains any virus, Trojan horse or other malicious code, or is used to gain unauthorised access to, does harm to, wrongfully intercepts, expropriates, accesses or uses for any wrongful purpose, any person’s hardware, SaaS, network or data.

5. Termination
   • We may immediately terminate this Agreement and/or suspend Access to the SaaS without notice if You breach any provision of this Agreement or the Policies.
   • If this Agreement terminates any right to Access and use the SaaS terminates immediately.
6. General
   • We may amend this Agreement and the Policies from time to time by notice.
   • This Agreement will be governed by the laws of New South Wales, Australia without regard to its conflict of law principles. The parties submit to the exclusive jurisdiction of the courts in New South Wales, Australia.
7. Definitions

In this Agreement the following capitalised words have the following meaning given to them, unless the context requires otherwise.

• Access means obtaining access to the SaaS.
• Agreement means the terms and conditions in this document.
• Customer Data means any data you enter into the SaaS Platform at the direction of your Employer.
• Employer means your employer or contract party who is a Customer of Us.
• Intellectual Property Rights means copyright, moral rights, trade mark, design rights, service marks, patent, semiconductor or circuit layout rights, trade secrets, know-how, database rights or other rights in the nature of intellectual property rights (whether registered or unregistered), or any right to registration of such rights, existing in anywhere in the world, or protected by statute from time to time.
• Personal Information means any information or data that is subject to any Privacy Law.
• Policies means the agreement(s) and/or any policies, terms and conditions You accepted prior to installing the SaaS on your device from the SaaS platform, including any online store policy through which you obtain the SaaS.
• Privacy Law means any law, regulation or common law which governs the use of information that is about, identifies or can be used to identify, any identifiable individual, or which is generally understood in the relevant jurisdiction to protect an individual’s privacy and/or to govern the collection, use, disclosure or transmission of Personal Information or data.
• Term means the period for which your Employer has been granted Access to use SaaS.