Operator: [insert legal entity name] ABN [insert ABN] (Ordentus, we, us, our). Platform: Ordentus, including the website, web application, private beta, calendar tools, health-data import tools, cognition and sleep features, APIs, feeds, exports, documentation and related services.
These Terms and Conditions (Terms) govern your access to and use of Ordentus. By creating an account, requesting access, importing data, connecting a calendar feed, uploading a file, using the Platform, or clicking to accept these Terms, you agree to be bound by these Terms. If you do not agree, do not access or use the Platform.
Eligibility and account access
1.1You must be at least 18 years old, or the age of majority in your jurisdiction, to use Ordentus.
1.2You are responsible for keeping your login credentials secure and for all activity occurring through your account, whether authorised by you or not, unless caused by our proven negligence or breach of law.
1.3You must provide accurate account information and keep it up to date.
1.4We may refuse, suspend, restrict, or terminate access to the Platform where we reasonably believe that:
- (a) you have breached these Terms;
- (b) your use creates security, legal, operational, reputational, or technical risk;
- (c) your account is being used unlawfully, fraudulently, or abusively;
- (d) continued access may compromise the Platform or another user; or
- (e) we are required or permitted to do so by law.
What Ordentus does
2.1Ordentus is a personal planning and insight platform. It may allow you to:
- (a) connect, subscribe to, import, combine, deduplicate, hide, edit, and republish calendar data;
- (b) upload or import Apple Health export data or other health, sleep, activity, recovery, or fitness-related data;
- (c) view personalised calendar, sleep, recovery, cognition, focus, memory, reaction, mood, or planning insights;
- (d) create a merged calendar feed for use across your devices;
- (e) export or delete your data through available account tools; and
- (f) access beta, experimental, or invite-only features.
2.2Ordentus is a software and information tool only. It is not a medical device, clinical service, emergency service, healthcare provider, mental health service, professional adviser, or substitute for professional judgment.
Beta and experimental features
3.1Ordentus may be provided as a private beta, preview, test, or early access product.
3.2Beta features may be incomplete, inaccurate, unstable, unavailable, changed, withdrawn, reset, or discontinued at any time.
3.3You acknowledge that beta features may contain bugs, errors, omissions, data-processing issues, sync failures, incorrect forecasts, inaccurate calculations, or incomplete outputs.
3.4To the maximum extent permitted by law, you use beta and experimental features at your own risk.
No medical, health, safety, or professional advice
4.1Ordentus is not a medical practice, healthcare provider, hospital, clinic, psychology service, counselling service, diagnostic service, crisis service, emergency service, sleep clinic, fitness professional, dietitian, pharmacy, therapeutic goods supplier, or clinical decision-support service.
4.2We are not doctors, psychologists, psychiatrists, nurses, allied health practitioners, registered health professionals, medical researchers providing care to you, or your treating clinician. No doctor-patient, clinician-patient, therapist-client, fiduciary, advisory, or professional relationship is created by your use of the Platform.
4.3Ordentus may display, calculate, infer, classify, summarise, or generate information relating to sleep, recovery, activity, stress, cognition, memory, reaction time, focus, attention, fatigue, mood, habits, routines, calendar load, workload, bedtime, scheduling, or general wellbeing. These outputs are informational, educational, experimental, and general in nature only.
4.4Ordentus does not provide medical advice, health advice, mental health advice, psychological advice, counselling advice, diagnosis, treatment, clinical monitoring, prescription, triage, professional recommendations, or personalised healthcare instructions.
4.5You must not use Ordentus to diagnose, treat, prevent, cure, mitigate, monitor, manage, assess, predict, or screen for any disease, injury, disability, disorder, medical condition, psychological condition, psychiatric condition, sleep disorder, cognitive impairment, neurodevelopmental condition, crisis state, health risk, or safety risk.
4.6Ordentus outputs may be incomplete, delayed, inaccurate, experimental, automatically generated, based on flawed data, based on limited data, affected by device limitations, affected by third-party services, or unsuitable for your circumstances.
4.7You are solely responsible for independently verifying any information shown by Ordentus before relying on it. You should seek advice from a qualified health professional before making any decision that may affect your health, medication, treatment, sleep, mental health, cognition, exercise, diet, work, study, driving, or safety.
4.8Do not ignore medical advice, delay seeking medical care, change medication, change treatment, change therapy, change clinical care, change sleep treatment, or make safety-critical decisions because of anything shown, generated, inferred, predicted, or suggested by Ordentus.
If you believe you may be experiencing a medical emergency, mental health crisis, risk of self-harm, risk of harm to others, severe sleep deprivation, acute cognitive impairment, or immediate safety risk, contact emergency services, a crisis line, or an appropriate healthcare professional immediately. Ordentus is not designed or authorised for emergency use. (Clause 4.9)
4.10To the maximum extent permitted by law, we disclaim all liability arising from your use of, reliance on, or interpretation of any health, sleep, recovery, activity, cognition, memory, reaction, focus, mood, wellbeing, or safety-related output generated by or displayed through the Platform.
AI, algorithmic, and predictive output disclaimer
4A.1Ordentus may use algorithms, automation, statistical models, artificial intelligence, machine learning, rules-based systems, heuristics, or third-party processing to generate outputs.
4A.2AI and algorithmic outputs may be wrong, incomplete, biased, outdated, overconfident, inconsistent, or unsuitable for your circumstances. They may not reflect your actual health, sleep quality, cognitive state, stress, workload, capacity, performance, or risk.
4A.3You must not treat Ordentus outputs as factual determinations, clinical findings, professional advice, verified measurements, or guaranteed predictions.
4A.4You are responsible for reviewing, interpreting, and deciding whether to use any output. You must not rely on Ordentus for high-risk, safety-critical, legal, medical, employment, insurance, academic, financial, or disciplinary decisions.
4A.5We may modify, retrain, replace, suspend, remove, or discontinue any algorithm, model, scoring system, classification, forecast, or insight feature at any time.
Therapeutic goods and regulatory status
4B.1Unless we expressly state otherwise in writing, Ordentus is not approved, included, registered, or listed as a therapeutic good, medical device, digital therapeutic, clinical decision-support tool, diagnostic tool, or regulated health product by the Therapeutic Goods Administration or any equivalent regulator.
4B.2You must not use Ordentus for any purpose that would require the Platform to be approved, registered, listed, or regulated as a medical device or therapeutic good.
4B.3If you are a health professional, researcher, employer, insurer, educator, coach, or organisation, you must not use Ordentus outputs to make decisions about another person unless we have entered into a separate written agreement expressly permitting that use.
Calendar and scheduling disclaimer
5.1Ordentus may merge, transform, deduplicate, hide, display, or republish calendar feeds from third-party sources.
5.2You are solely responsible for checking the accuracy of your calendar, events, times, locations, time zones, recurrence rules, deadlines, exams, appointments, travel, work shifts, reminders, and commitments.
5.3We do not guarantee that calendar feeds will sync correctly, update on time, preserve all metadata, avoid duplicates, reflect source changes, or remain available.
5.4You must not rely on Ordentus as your only record of important commitments.
Your data
6.1User Data means data, files, text, feeds, calendar information, health information, sleep information, fitness information, activity information, account information, settings, preferences, and any other content or information you submit, upload, connect, import, generate, or make available through the Platform.
6.2You retain ownership of your User Data, subject to the rights and licences granted to us under these Terms.
6.3You represent and warrant that:
- (a) you have all rights, permissions, licences, consents, and authority necessary to provide User Data to Ordentus;
- (b) your User Data does not infringe any third-party rights;
- (c) your User Data is not unlawful, misleading, malicious, harmful, defamatory, or unauthorised;
- (d) any calendar feed, file, health export, or third-party data you provide is yours or you are authorised to provide it; and
- (e) your use of Ordentus will not breach another person’s privacy, confidentiality, employment obligations, university rules, platform terms, intellectual property rights, or applicable law.
6.4You are responsible for maintaining your own backups of User Data. Ordentus is not a backup, archival, clinical record, evidentiary record, employment record, academic record, or compliance record.
Sensitive information and health data consent
7.1Some User Data may include sensitive information, including health information.
7.2By uploading, importing, connecting, submitting, or otherwise providing sensitive information to Ordentus, you expressly consent to us collecting, storing, processing, using, analysing, transforming, displaying, transmitting, and deleting that information for the purposes of:
- (a) providing the Platform to you;
- (b) generating calendar, sleep, recovery, bedtime, cognition, planning, and related insights;
- (c) maintaining, securing, troubleshooting, and improving the Platform;
- (d) complying with law;
- (e) enforcing these Terms; and
- (f) any other purpose described in our Privacy Policy and consent flows.
7.3You may withdraw consent to future processing of sensitive information by deleting your account, deleting relevant data, disabling relevant features, or contacting us. Withdrawal may limit or prevent your ability to use health, cognition, sleep, or personalised features.
7.4We may delete, de-identify, aggregate, or retain information where permitted or required by law, including for security, audit, dispute, backup, fraud prevention, legal compliance, or legitimate business record purposes.
Licence to User Data
8.1You grant us a worldwide, royalty-free, fully paid, transferable, sublicensable licence to host, store, cache, copy, reproduce, process, analyse, adapt, modify, transform, transmit, display, publish to you, export, delete, and otherwise use User Data as reasonably necessary to provide, operate, maintain, secure, troubleshoot, support, improve, and enforce the Platform.
8.2To the maximum extent permitted by law, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable, exclusive licence to use, reproduce, modify, adapt, create derivative works from, commercialise, and exploit any Aggregated Data, De-identified Data, Derived Data, Usage Data, Operational Data, analytics, metadata, benchmarks, models, scoring logic, error data, system logs, sync-performance data, deduplication records, feature telemetry, and insights generated from or in connection with your use of the Platform, provided that such material does not reasonably identify you as an individual.
8.3Aggregated Data and De-identified Data means information that has been combined, generalised, stripped of personal identifiers, or otherwise processed so that it does not reasonably identify you.
8.4Derived Data means data, outputs, signals, calculations, classifications, scores, predictions, recommendations, analytics, system improvements, product improvements, model improvements, or other materials generated by or through the Platform from User Data or usage of the Platform.
8.5We own all rights, title, and interest in Ordentus, the Platform, our software, source code, interfaces, designs, workflows, algorithms, databases, schemas, scoring systems, data models, transformations, product logic, documentation, trademarks, branding, and Derived Data to the extent permitted by law.
8.6Nothing in these Terms requires us to sell, share, disclose, or commercialise your personal information. Any handling of personal information is subject to our Privacy Policy and applicable privacy laws.
Platform data protections and privacy positioning
9.1Unless our Privacy Policy or a specific consent flow says otherwise, we do not sell your personal information to data brokers, advertising networks, or information resellers.
9.2We may use trusted service providers, infrastructure providers, security providers, payment processors, communications providers, and technical vendors where reasonably necessary to operate the Platform.
9.3We may disclose information where required or permitted by law, to protect rights or safety, to investigate misuse, to enforce these Terms, in connection with a corporate transaction, or with your consent.
9.4Our Privacy Policy forms part of these Terms. If there is an inconsistency between these Terms and the Privacy Policy regarding personal information, the Privacy Policy prevails to the extent of the inconsistency.
Acceptable use
10.1You must not:
- (a) use the Platform unlawfully, fraudulently, deceptively, abusively, or harmfully;
- (b) attempt to bypass authentication, rate limits, security controls, paywalls, access restrictions, or account controls;
- (c) scrape, crawl, harvest, reverse engineer, decompile, disassemble, copy, or extract the Platform except to the extent permitted by law;
- (d) interfere with, disrupt, overload, probe, scan, or attack the Platform;
- (e) introduce malware, spyware, ransomware, worms, logic bombs, or harmful code;
- (f) upload data you are not authorised to upload;
- (g) use the Platform to track, monitor, profile, stalk, harass, or surveil another person without lawful authority;
- (h) use the Platform for medical, emergency, safety-critical, employment, insurance, credit, legal, academic disciplinary, or automated decision-making purposes unless expressly authorised by us in writing;
- (i) resell, lease, sublicense, white-label, or commercially exploit the Platform without our written consent;
- (j) impersonate another person or misrepresent your affiliation; or
- (k) use the Platform in a way that may expose us, another user, or a third party to legal, security, privacy, operational, reputational, or regulatory risk.
Third-party services and data sources
11.1Ordentus may interoperate with third-party services, feeds, devices, exports, APIs, applications, or platforms, including calendar providers, health-data providers, wearable devices, productivity tools, payment processors, and cloud infrastructure.
11.2Third-party services are not controlled by us. We are not responsible for their availability, accuracy, security, privacy practices, terms, changes, downtime, or conduct.
11.3You are responsible for complying with third-party terms and permissions.
11.4If a third-party service changes, restricts, suspends, or terminates access, we may be unable to continue providing affected features.
Fees, subscriptions, trials, and payments
12.1Some features may be free, paid, invite-only, usage-based, subscription-based, or available only during a trial or beta period.
12.2Fees, billing intervals, inclusions, limits, renewal terms, cancellation options, and taxes will be disclosed at or before purchase where applicable.
12.3Unless stated otherwise, subscriptions renew automatically until cancelled.
12.4You authorise us and our payment processors to charge applicable fees, taxes, and other amounts using your selected payment method.
12.5To the maximum extent permitted by law and subject to any non-excludable consumer rights, fees are non-refundable except where we expressly agree or where required by law.
Intellectual property
13.1We and our licensors own all rights, title, and interest in the Platform, including all intellectual property rights.
13.2Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for your personal, internal use.
13.3You must not copy, modify, adapt, translate, create derivative works from, distribute, sell, lease, sublicense, reverse engineer, or otherwise exploit the Platform except as permitted by law or expressly authorised by us in writing.
13.4Any feedback, ideas, suggestions, bug reports, feature requests, improvements, or recommendations you provide may be used by us without restriction, attribution, or compensation. You assign to us all rights, title, and interest in such feedback to the maximum extent permitted by law.
Availability, security, and data loss
14.1We do not guarantee that the Platform will be uninterrupted, secure, error-free, accurate, current, or available at any particular time.
14.2We may perform maintenance, upgrades, migrations, resets, or emergency interventions at any time.
14.3You acknowledge that no internet, cloud, software, encryption, storage, or transmission system is perfectly secure.
14.4To the maximum extent permitted by law, we are not responsible for loss, corruption, unauthorised access, deletion, delay, failed sync, failed import, failed export, missed event, incorrect reminder, incorrect forecast, or other issue affecting User Data, unless caused by our proven breach of a non-excludable obligation.
Disclaimer of warranties
15.1To the maximum extent permitted by law, the Platform is provided “as is” and “as available”.
15.2We exclude all warranties, representations, guarantees, and conditions, whether express, implied, statutory, or otherwise, including warranties of accuracy, reliability, availability, merchantability, fitness for purpose, non-infringement, data integrity, security, uninterrupted operation, and error-free performance.
15.3Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, remedy, warranty, condition, or liability that cannot lawfully be excluded, restricted, or modified.
Limitation of liability
16.1To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, punitive, or economic loss, including loss of profit, revenue, goodwill, opportunity, data, anticipated savings, reputation, contract, business, study, employment, health, sleep, wellbeing, productivity, or use.
16.2To the maximum extent permitted by law, we are not liable for any loss arising from:
- (a) your reliance on calendar, health, cognition, sleep, activity, recovery, or planning outputs;
- (b) inaccurate, incomplete, delayed, duplicated, missing, corrupted, or misinterpreted data;
- (c) missed appointments, deadlines, exams, shifts, meetings, travel, reminders, or events;
- (d) third-party services, devices, calendars, exports, APIs, feeds, or providers;
- (e) unauthorised account access caused by your failure to secure credentials or devices;
- (f) beta features, experimental features, downtime, errors, bugs, or interruptions;
- (g) AI, algorithmic, predictive, inferential, or automatically generated outputs;
- (h) your use of the Platform for medical, clinical, emergency, professional, safety-critical, legal, employment, insurance, academic, disciplinary, or high-risk purposes;
- (i) your failure to seek professional advice, maintain independent records, verify outputs, or maintain backups; or
- (j) circumstances outside our reasonable control.
16.3To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Platform is limited to the greater of:
- (a) the amount you paid us for the Platform in the 12 months before the event giving rise to the claim; or
- (b) AUD $100.
16.4Where liability cannot be excluded but can be limited, our liability is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.
16.5The limitations in this clause apply whether the claim arises in contract, tort, negligence, statute, equity, restitution, strict liability, or otherwise.
16.6To the maximum extent permitted by law, you agree that any claim arising out of or in connection with the Platform must be brought only against the legal entity operating Ordentus, and not personally against any founder, director, officer, employee, contractor, developer, adviser, investor, shareholder, agent, representative, or related body corporate, unless personal liability cannot lawfully be excluded.
16.7To the maximum extent permitted by law, our founders, directors, officers, employees, contractors, developers, advisers, investors, shareholders, agents, representatives, service providers, licensors, and related bodies corporate are third-party beneficiaries of the disclaimers, exclusions, limitations of liability, indemnities, and dispute-resolution protections in these Terms and may rely on them directly.
16.8Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud, wilful misconduct, or non-excludable consumer guarantees.
Indemnity
17.1You indemnify us, our officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns against all claims, losses, liabilities, damages, penalties, costs, and expenses, including reasonable legal costs, arising out of or in connection with:
- (a) your breach of these Terms;
- (b) your User Data;
- (c) your misuse of the Platform;
- (d) your breach of law or third-party rights;
- (e) any allegation that your User Data infringes intellectual property, privacy, confidentiality, contractual, employment, university, or other rights;
- (f) your unauthorised collection, upload, processing, or disclosure of another person’s data;
- (g) your use of Ordentus outputs for medical, emergency, employment, insurance, credit, academic, legal, disciplinary, or safety-critical decisions;
- (h) your integration with third-party services, feeds, devices, APIs, or data sources; or
- (i) fraud, wilful misconduct, or negligent acts or omissions by you.
17.2Your indemnity is reduced to the extent that the relevant claim is directly caused by our fraud, wilful misconduct, or breach of a non-excludable legal obligation.
Suspension and termination
18.1You may stop using the Platform at any time. You may delete your account through available account tools or by contacting us.
18.2We may suspend or terminate your access immediately if we reasonably believe you have breached these Terms or created unacceptable risk.
18.3On termination:
- (a) your right to access the Platform ends;
- (b) we may disable your account and access tokens;
- (c) we may delete, retain, de-identify, or aggregate data in accordance with our Privacy Policy, these Terms, and applicable law; and
- (d) clauses intended to survive termination continue, including intellectual property, data licences, disclaimers, limitations of liability, indemnity, dispute resolution, and governing law.
Data export and deletion
19.1Where available, you may export certain User Data through account tools.
19.2Deletion may not be immediate across all systems, backups, logs, caches, archives, or legal records.
19.3We may retain information where reasonably necessary or legally permitted for security, fraud prevention, backup integrity, dispute resolution, audit, compliance, legal claims, accounting, enforcement, or legitimate business records.
19.4Deletion of personal information is subject to our Privacy Policy and applicable law.
Changes to the Platform and Terms
20.1We may change, suspend, discontinue, replace, limit, or remove any part of the Platform at any time.
20.2To the maximum extent permitted by law, we may update, revise, replace, add to, or remove any part of these Terms at any time, at our sole discretion and without prior notice to you. We are under no obligation to notify you of any change, whether material or not, and any failure to do so does not affect the validity or enforceability of the updated Terms.
20.2AUpdated Terms take effect immediately when posted on the Platform. The version in force at any time is the version then published at this page, and it supersedes all earlier versions. You are responsible for reviewing the current Terms periodically.
20.3Your continued use of the Platform after updated Terms are posted constitutes acceptance of those Terms, regardless of whether you have read them or been notified of any change.
20.4If you do not agree to updated Terms, you must stop using the Platform and may delete your account.
Confidentiality
21.1During private beta or early access, you must keep non-public features, designs, performance, screenshots, documentation, security information, technical information, roadmap information, and communications about the Platform confidential unless we give written consent.
21.2You must not publicly benchmark, review, disclose, publish, or reverse engineer private beta features without our written consent.
Dispute resolution and binding arbitration
22.1Before starting court or arbitration proceedings, either party must give the other written notice of the dispute and allow 30 days for good-faith negotiations.
22.2If the dispute is not resolved within 30 days, either party may refer the dispute to confidential mediation in Brisbane, Queensland, unless the parties agree otherwise.
22.3If the dispute is not resolved by negotiation or mediation, and to the maximum extent permitted by law, the dispute must be finally resolved by confidential, binding arbitration seated in Brisbane, Queensland, Australia, conducted in English before one arbitrator.
22.4The arbitration will be conducted under the ACICA Arbitration Rules or another arbitration framework nominated by us and reasonably available to both parties, unless the parties agree otherwise.
22.5To the maximum extent permitted by law, each party waives any right to participate in a class action, representative action, collective action, jury trial, or consolidated proceeding against the other.
22.6Nothing in this clause prevents either party from seeking urgent injunctive, interlocutory, equitable, or protective relief from a court of competent jurisdiction, including for intellectual property misuse, confidentiality breach, security abuse, unauthorised access, or threatened data misuse.
22.7Nothing in this clause limits any non-excludable consumer right, regulator complaint right, statutory remedy, or court access right that cannot lawfully be limited or excluded.
Governing law and jurisdiction
23.1These Terms are governed by the laws of Queensland, Australia.
23.2Subject to the dispute resolution clause, the parties submit to the courts of Queensland and the Commonwealth courts of Australia.
General
24.1If any provision of these Terms is invalid, void, unfair, unlawful, or unenforceable, it is severed or read down to the minimum extent necessary, and the remaining provisions continue.
24.2We may assign, transfer, subcontract, novate, or deal with our rights and obligations under these Terms without your consent as part of a restructure, sale, merger, acquisition, financing, corporate transaction, or business transfer.
24.3You may not assign or transfer your rights or obligations without our written consent.
24.4Our failure to enforce a term is not a waiver.
24.5These Terms, together with the Privacy Policy and any product-specific terms, form the entire agreement between you and us regarding the Platform.
Contact
For legal notices, privacy enquiries, support requests, or account deletion requests, contact:
Ordentus
Email: legal@ordent.us