Elita Blueprint Terms of Service
Last updated: 22 October 2026
These Terms of Service (“Terms”) are a binding agreement between you and Elita Genetics Operations Pty Ltd (ACN 677 915 338), of Unit 17, 306 Albert Street, Brunswick VIC 3056, Australia. We're "Elita", "we", "us" or "our". You're "you".
By creating an account or using Elita Blueprint (the "App" or “Blueprint”), you agree to these Terms. For the purposes of these Terms, the “App” or “Blueprint” is taken to include all services and products within it.
These Terms apply to Elita Blueprint only. These Terms do not apply to any other Elita services or products.
1. WHO CAN USE THE APP
The App is for users aged 18 or older. By creating an account or using the App, you represent to us that you are aged 18 or older. You're responsible for keeping your account credentials secure and for activity on your account.
2. WHAT BLUEPRINT IS — AND WHAT IT ISN'T
Blueprint is a preventative health product for dogs. It collects what you tell us, integrates vet records (where you authorise the Vet Records Concierge), and produces insights, recommendations and reminders for your dog's care.
Blueprint is not a medical device. It does not diagnose, treat, cure or prescribe. It does not replace a licensed veterinarian. For urgent or emergency veterinary concerns, contact your vet or an emergency animal hospital. You remain responsible for your dog's care.
Blueprint is built and reviewed by Elita's clinical team, which includes a head veterinarian and our scientific team. Recommendations and biomarker measurement methodologies are reviewed by qualified professionals on our team. This review supports the quality of the App's content but doesn't make the App a substitute for the care of your own veterinarian.
If you obtain access to online vet consultation services provided by VetChat Services Pty Ltd (ABN 96 616 786 997) (“Telehealth”) (section 9A), you speak with a registered veterinarian engaged by our telehealth partner, VetChat. That veterinarian gives you veterinary advice (under VetChat’s own Terms and Conditions and Privacy Policy, which you accept when you activate your access). Elita does not. As to Telehealth, our role is to provide you with access to VetChat. Everything else in the App remains informational only, as described in this section and section 8.
If you obtain the Gut Module and other at-home testing described in section 9B, our role is to provide you with access to the applicable kit, laboratory analysis by our partner laboratory, and review and interpretation of the results by us, which we add to your dog's Elita Blueprint profile.
3. TIERS, SUBSCRIPTION, BILLING AND CANCELLATION
3.1 Free tier
The App is free to download and Elita does not charge a fee for the free tier. The free tier includes:
- Calendar, check-ins, reminders, observational notes and other care prompts;
- Vet Records Concierge (where supported);
- Health profile snapshot and data updates;
- A limited number of insights and recommendations (typically one of each available at a time);
- Limited in-app chat access (a capped number of interactions), as more particularly set out in the App.
We may change the scope of the free tier over time.
3.2 Premium subscription
Premium unlocks the deeper Blueprint experience:
- Unlimited insights and recommendations across all health pillars;
- Full health profile;
- Detailed drill-downs on scores and biomarkers;
- Biomarker visualisations: trends over time. Graphs of weight, blood markers, and microbiome shifts;
- Fuller in-app chat access (higher limit, deeper conversation);
- Any other features marked "Premium" in the App, as more particularly set out in the App and subject to any limitations or exclusions set out therein.
3.2A Elita Blueprint Plus
Elita Blueprint Plus is our Telehealth subscription. It gives you access to Telehealth (section 9A) and any other features shown in the App at the point of purchase. Elita Blueprint Plus is available to users in Australia only.
Pricing:
- Monthly: AUD 20.00 per month
- Annual: AUD 200.00 per year,
unless otherwise stipulated in the App or by us in writing to you separately.
Elita Blueprint Plus is billed through Stripe, not through the Apple App Store or Google Play. You cancel it from your account screen in the App. Subject to this section 3.2A, sections 3.5 to 3.9 apply to Elita Blueprint Plus in the same way they apply to Premium, with references to Premium read as references to Elita Blueprint Plus.
The free trial in section 3.4 does not apply to Elita Blueprint Plus unless we say otherwise in the App.
3.2B Elita Blueprint 360
Elita Blueprint 360 includes everything in Elita Blueprint Plus, plus the Gut Module and other at-home testing described in section 9B. Elita Blueprint 360 is available to users in Australia only, with an Australian delivery address.
Pricing:
- Annual: AUD 350.00 per year,
unless otherwise stipulated in the App or by us in writing to you separately.
Elita Blueprint 360 is billed annually in advance through Stripe, not through the Apple App Store or Google Play. You cancel it from your account screen in the App. Cancellation stops the next renewal. You keep access until the end of your paid year, and any Gut Module already dispatched in that year will be completed. Subject to this section 3.2B, sections 3.5 to 3.9 apply to Elita Blueprint 360 in the same way they apply to Premium, with references to Premium read as references to Elita Blueprint 360.
If you cancel within 14 days of purchase and before your Gut Module kit has been dispatched, we will refund you in full. Because the Gut Module is a physical product and laboratory service supplied at the start of your subscription year, to the maximum extent permitted by law we do not otherwise refund the annual fee once your kit has been dispatched. Your rights under the Australian Consumer Law are not affected.
The free trial in section 3.4 does not apply to Elita Blueprint 360.
3.3 Pricing (Premium)
- Monthly: AUD 8.99 per month
- Annual: AUD 89.99 per year
Unless otherwise stipulated in the App or by us in writing to you separately.
Local pricing in other currencies is set by Apple and Google in line with their pricing tiers and may differ.
3.4 Free trial of Premium
New users who choose to start Premium get a one-month free trial. Payment details are required at the start of the trial; you're charged at the end of the trial unless you cancel before then. If you start a paid Premium subscription before the trial ends, the unused portion of the trial is forfeited.
3.5 Auto-renewal
After the trial (or at the end of any paid billing period), your Premium subscription automatically renews at the end of each billing period (monthly or annual) at the then-current price for the same length of period, unless you cancel at least 24 hours before the end of the current period.
Payment is charged to your Apple ID, Google Play account or Stripe payment method (depending on platform) at confirmation of purchase and at each renewal. Your account will be charged for renewal within 24 hours prior to the end of the current period.
3.6 How to cancel
You can cancel any time:
- iOS: Settings → Apple ID → Subscriptions → Elita Blueprint → Cancel Subscription
- Android: Google Play → Subscriptions → Elita Blueprint → Cancel
- Web subscribers (Stripe, where offered): cancel from your account screen in the App
Cancellation takes effect at the end of the current period in which you cancel, stopping the next renewal. You keep Premium features until the end of the current paid period. You can continue using the free tier indefinitely after Premium ends.
3.7 Refunds
Refunds for App Store and Google Play purchases are handled by Apple and Google under their refund policies. Elita doesn't directly process refunds for App Store or Play purchases. For web subscriptions billed through Stripe, refund requests go to [email protected]. Refunds are subject to your rights under the Australian Consumer Law. To the maximum extent permitted by law, we do not provide refunds or credits for partial billing periods, unused features, or promotional offers.
3.8 Price changes
We may change Premium subscription prices. We will give you advance notice of the change and an opportunity to accept or cancel before it takes effect.
3.9 Payment processing
Premium subscriptions are billed by Apple, Google or Stripe (depending on platform). We don’t see or store your payment card details. All billing, renewals, cancellations, and refunds are managed exclusively by that platform and subject to its terms and conditions. You are responsible for managing your subscription through your platform account settings. Deleting the App does not cancel a subscription. You remain fully responsible for all charges until you properly cancel your subscription in accordance with the platform’s rules.
4. ACCOUNT CREATION AND SECURITY
You can create an account with email and password, with Google sign-in, or with Sign in with Apple. If you use Sign in with Apple and choose to hide your email, Apple will provide us with a private relay email address; we will use that as your account email and any communications we send will be forwarded by Apple to your real address. Keep your credentials secure. Don't share your account. We may suspend your account if we reasonably believe it has been compromised.
5. YOUR CONTENT
You own the information you submit to the App (your dog's records, photos, notes, survey responses, chat messages).
You grant Elita a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, modify (for technical purposes including format conversion and de-identification), and use that content to operate, maintain and improve the App, perform our obligations to you under these Terms, provide you with insights and recommendations, and as otherwise permitted by our Privacy Policy.
You must have the right to submit any content you upload. You must not upload content (including vet records) you do not have the right to share with us.
How we use uploaded documents. Documents you upload (such as PDFs of vet records, lab reports, or photos of records) are used by the App as context. They inform your dog's profile and the insights and recommendations the App generates. The App does not re-open uploaded documents for viewing inside the App. Keep your own copies of any documents you want to refer to outside the App.
Feedback. We welcome and encourage your feedback, ideas and feature suggestions. If you share any with us (through support, surveys, in-app messages or otherwise), you grant Elita a worldwide, perpetual, irrevocable, royalty-free licence to use them for any purpose, with no obligation to compensate or attribute you. Send it through — we want to hear it.
6. ACCEPTABLE USE
You agree that you will not use the App in any manner that is unlawful, harmful, or inconsistent with these Terms.
Without limiting the generality of the foregoing, you must not:
a) use the App for any unlawful, fraudulent, abusive, or malicious purpose, or in a way that infringes the rights of others and/or contravenes the law;
b) scrape, harvest, crawl, copy, index, or otherwise extract data from the App, except as expressly permitted by law or with our prior written consent;
c) reverse engineer, decompile, disassemble, or otherwise attempt to derive or access the source code of any part of the App, or interfere with its performance, integrity, or security;
d) upload, transmit, or share any content or material that is illegal, harmful, threatening, abusive, defamatory, obscene, infringing, invasive of privacy, misleading, deceptive, or otherwise objectionable (as determined by us in our absolute discretion);
e) misrepresent your identity, affiliation, or connection with any person or entity, or impersonate another person or entity;
f) upload or distribute malware, viruses, worms, or any other harmful code, or attempt to gain unauthorised access to the App, accounts, or systems connected to the App;
g) submit, post, or encourage fake, duplicate, or misleading listings, reviews, or events;
h) use the App to advertise, solicit, or promote goods or services without our prior written consent, unless you are using a paid feature that expressly allows advertising or sponsored placement; or
i) engage in any conduct that, in our reasonable opinion, restricts or inhibits another user from enjoying the App, or that could damage, disable, overburden, or impair the functioning of the App;
j) Use the App as a professional veterinary tool, or rely on the App to make clinical decisions in the course of practising veterinary medicine; or
k) misuse Telehealth or at-home tests, including by breaching section 9A.4 or 9B.4.
We reserve the right to suspend or terminate your account and/or access to the App if you engage in conduct that breaches this clause, or if we reasonably believe your conduct creates risk, liability, or harm to us, the App, or other users.
7. AI FEATURES
The App uses AI in two distinct ways.
7.1 Chat
In-app chat is a real-time conversational feature. When you ask a question, Elita's system gathers the relevant context from your dog's profile, records and check-ins and provides it to a large language model (Google Cloud Vertex AI / Gemini, paid tier, processing on Elita's behalf under contractual no-training terms), which generates the response. The result is grounded in your dog's record rather than generic. Chat outputs are AI-generated and may be inaccurate, incomplete or out of date. Chat access depth varies by tier: limited interactions on the free tier, fuller access on Premium.
7.2 Insights
Insights surfaced in the App are produced by Elita's proprietary insight system. The system processes your dog's full data — profile, records, check-ins and biomarker history — against Elita's internal references for veterinary relevance, and passes outputs through quality and relevance checks before they are shown to you. Insights are AI-assisted, are intended to highlight observations for owner attention, and are not a medical assessment. They may be inaccurate, incomplete or out of date.
Do not rely on AI outputs for medical or emergency decisions. Always consult a licensed veterinarian for your dog's care.
8. VETERINARY DISCLAIMER
Blueprint is informational only. It is not veterinary advice, diagnosis or treatment. It is not a substitute for examination, advice or treatment from a licensed veterinarian. Decisions about your dog's medical care must be made by you in consultation with a qualified veterinarian. If your dog is unwell or in distress, seek veterinary care immediately. Any advice given to you by a veterinarian during a Telehealth consultation (section 9A) is given by that veterinarian.
9. VET RECORDS CONCIERGE
9.1 Contact with Vet to Request Your Dog’s Records
Where you authorise us within the App, Elita will contact your nominated vet clinic to request your dog's records on your behalf.
We don't guarantee that any clinic will respond, that records will be complete, or that records will be received within any particular time. You're responsible for confirming the accuracy of records once provided.
9.2 Use of Your Dog’s Veterinary Records
Records we receive from your vet clinic are used to extract context that feeds your dog's profile, insights and recommendations. We do not re-display raw clinic records inside the App. Your rights of access to the personal data we hold about you are set out in our Privacy Policy.
9A. TELEHEALTH (AUSTRALIA ONLY)
9A.1 VetChat provides Telehealth
We provide you with the means to access Telehealth. Telehealth is provided by VetChat Services Pty Ltd (ABN 96 616 786 997) ("VetChat"), our telehealth partner. Consultations are delivered by registered veterinarians engaged by VetChat within the App / on VetChat's platform.
VetChat's Terms and Conditions (vetchat.com.au/terms-and-conditions) and Privacy Policy (vetchat.com.au/privacy-policy) apply to your consultations, including what a consultation covers, prescriptions and recording (collectively “VetChat Terms”).
You will be asked to accept them before your first consultation. These Terms apply to your access to Telehealth through the App. Please read the full VetChat Terms in full. Certain of the more material terms as of the date of this document are summarised here, so you can locate them in the VetChat Terms:
a) Not for emergencies. Go to your nearest emergency vet.
b) General advice only, with no hands-on exam. Keep seeing your regular vet.
c) Scripts only in limited cases, after ID and address checks.
d) Do not record your consultation. You can take notes and will get a written summary.
e) VetChat may share your information, including with your regular vet, and VetChat and its partners may use it to improve their services.
f) VetChat is only liable for its negligence or misconduct. Your consumer law rights aren’t affected.
9A.2 Not an emergency service
Telehealth is not an emergency service. If your dog may be in an emergency (including but not limited to any loss of consciousness, breathing difficulty and snake bite), go to your vet or an emergency animal hospital straight away. VetChat doesn’t guarantee immediate service.
9A.3 Who can use Telehealth
Telehealth is available only to Elita Blueprint Plus and Elita Blueprint 360 subscribers and other users we make it available to in the App. You must comply with all applicable VetChat terms during your use of their Telehealth Service. This includes, at the time of each consultation, you and your dog must be physically located in Australia. You must not use a VPN, location masking or false account details to access Telehealth from outside Australia.
9A.4 Fair use
Telehealth is unlimited, subject to fair use. It is for genuine, reasonable veterinary needs for dogs you own or care for, where “care for” means you have the authority to consent to, or an obligation to make decisions relating to, their health. We or VetChat may review, limit, suspend or withdraw your access to Telehealth if your use falls outside reasonable and intended use, including:
a) using consultations, advice or prescriptions for dogs you do not own or care for;
b) requesting consultations at a frequency or volume that is excessive, unreasonable or inconsistent with genuine veterinary need, including repeated requests about the same issue after guidance has already been given;
c) sharing, reselling or giving anyone else access to Telehealth through your account; or
d) any other use that places unreasonable demand on veterinarians or support teams, is inconsistent with the intended purpose of Telehealth, or creates any reputational harm to us or VetChat.
Use that is consistent with genuine reasonable veterinary need for dogs you own or care for is not a breach of this section.
9A.5 What happens if Telehealth is misused
If we or VetChat reasonably decide your use breaches section 9A.4 or any other material terms or VetChat Terms that apply to you, we may contact you to discuss your usage, apply reasonable limits to your access, or suspend or withdraw your access to Telehealth. Abusive or threatening conduct towards veterinarians or VetChat staff is dealt with under VetChat Terms and may lead to your access being suspended or withdrawn. We will let you know if your access is suspended or withdrawn and, as far as we are able, why. Where a breach can be fixed, we will tell you and give you a reasonable opportunity to fix it first, unless it involves fraud, abusive conduct, a risk to others, or is in breach of the VetChat Terms. If your access to Telehealth is permanently withdrawn, you may cancel your subscription and we will refund the unused portion of your current paid period relating to Telehealth, with no cancellation fee.
9A.6 Information shared with VetChat
With your consent, the VetChat veterinarian has temporary, read-only access to relevant parts of your dog's Elita Blueprint profile during a consultation, and VetChat sends us a written summary afterwards, which we add to your dog's record. You provide your consent in the App. You can withdraw your consent at any time. Section 4A of our Privacy Policy explains this.
9A.7 Changes to Telehealth
We may change our telehealth partner or how Telehealth works. If a change materially reduces what is included in your subscription or materially disadvantages you, we will tell you in advance, or, if the change is outside our control, as soon as is reasonably practicable and you may cancel and receive a refund of the unused portion of your current paid period relating to Telehealth, with no cancellation fee.
9B. AT-HOME TESTS AND THE GUT MODULE (AUSTRALIA ONLY)
9B.1 The Gut Module
Each subscription year of Elita Blueprint 360 includes one Gut Module for one dog on your account. The Gut Module includes a gut dysbiosis test kit, delivery of the kit to you, return shipping of your dog's sample, laboratory analysis by our partner laboratory, and review and interpretation of the results by Elita, which we add to your dog's Elita Blueprint profile. A Gut Module that is not used within the subscription year does not carry over to the next year.
9B.2 Follow-up testing
If your dog's results show dysbiosis, we may offer a follow-up gut microbiome test at no extra cost, where we consider it appropriate for your dog. Follow-up tests are offered at our discretion and are not guaranteed. They do not form part of what you pay for, and we may change the basis on which we offer them at any time. Any follow-up gut microbiome test is provided subject to these terms, including section 8, in the same way as the other at-home tests offered under these terms.
9B.3 Additional tests
From time to time, we may offer Elita Blueprint 360 subscribers additional biological tests as we release them (for example, an oral swab). Additional tests are offered at our discretion. They do not form part of what you pay for, and we may change or stop offering them at any time. Any additional test is provided subject to these terms, including section 8, in the same way as the other at-home tests offered under these terms.
9B.4 Collecting and returning samples
You must follow the instructions that come with each kit, collect samples only from the dog the kit is registered to on your account, and return your sample within 30 days of receiving the kit. Do not sell or transfer, tamper with, analyse or reverse engineer any part of a kit. Samples are sent to laboratories outside Australia, so you must not include anything in the return pack other than the sample. If a sample cannot be analysed (for example, because it is insufficient, contaminated, returned late or damaged in transit), we will send you one replacement kit at no cost for that test. Further replacements are at our discretion. This does not limit your rights under the Australian Consumer Law, including where a sample cannot be analysed because of a problem with the kit, postage we arrange or the laboratory.
9B.5 Delivery
We deliver kits to Australian addresses only. Delivery times are estimates. If a kit is lost in delivery to you, let us know and we will send a replacement.
9B.6 Results
Samples are analysed by our partner laboratories in the United States. Laboratory turnaround times vary and are not guaranteed. Test results are screening information about your dog's gut health at the time the sample was taken. They are not a diagnosis. They are one piece of information your vet can use, alongside a physical examination, your pet’s history and any other tests, to understand your pet’s health. Results are reviewed and interpreted by Elita, and section 8 applies to that interpretation. Test results can’t confirm or rule out a health condition, so talk to your vet, or a Telehealth veterinarian, about what your dog's results mean for their care. Do not publish or use test results commercially without our consent. Section 4B of our Privacy Policy explains how test data is handled.
9B.7 Changes to at-home testing
We may change our laboratory partners, test kits or test methods. If a change materially reduces what is included in the Gut Module or materially disadvantages you, we will tell you in advance, or, if the change is outside our control, as soon as is reasonably practicable, and you may cancel and receive a pro-rata refund of the unused portion of your subscription year relating to the Gut Module, with no cancellation fee.
10. INTELLECTUAL PROPERTY
For the purposes of these Terms, “Intellectual Property” means all intellectual and industrial property rights of any kind, whether registered or unregistered, and whether existing now or in the future, including but not limited to:
a) copyright, moral rights, and neighbouring rights;
b) trade marks, service marks, trade names, business names, logos, get-up, and trade dress;
c) patents, inventions, designs, databases, and domain names;
d) rights in computer software, source code, object code, and algorithms;
e) rights in data, compilations, and know-how;
f) applications for, and rights to apply for, registration, renewal, extension, or enforcement of such rights; and
g) all other rights of a similar nature anywhere in the world.
All Intellectual Property in the App, and in all content, materials, and features we provide (including without limitation text, graphics, logos, icons, images, data, databases, software, designs, layouts, trade marks, and trade names), is owned by us or our licensors and protected by applicable laws.
Except for the limited, personal, revocable, non-exclusive, and non-transferable rights expressly granted to you under these Terms, nothing in these Terms grants, assigns, or transfers to you any rights, title, or interest in or to the App or its content. All rights are expressly reserved.
You must not copy, reproduce, distribute, modify, adapt, translate, create derivative works from, publicly display, publicly perform, republish, download, transmit, or otherwise exploit any part of the App or its content without our prior written consent (or, where applicable, the consent of our licensors), except as expressly permitted by law.
Any unauthorised use of the App or its content may result in suspension or termination of your account, civil or criminal liability, and/or legal action to protect and enforce our rights.
11. PLATFORM PROVIDER TERMS
The App is distributed via the Apple App Store and Google Play. Your use of the App through those platforms is also governed by the relevant platform's own terms.
11.1 Apple App Store
The following applies if you download or use the App from the Apple App Store:
(a) These Terms are between you and Elita only, not with Apple.
(b) Apple has no obligation to provide any maintenance or support for the App.
(c) In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the App's purchase price to you (where applicable). To the maximum extent permitted by law, nothing in these Terms amounts to a warranty obligation by Apple.
(d) Elita (not Apple) is responsible for addressing any claims by you or any third party relating to the App, including (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy or similar legislation.
(e) You must comply with all applicable third-party terms when using the App.
- Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
(f) You represent and warrant that (a) you are not located in a country subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country; and (b) you are not listed on any US government list of prohibited or restricted parties.
11.2 Google Play
The following applies if you download or use the App from Google Play:
(a) Your use of the App is also subject to Google's developer distribution agreement applicable to Google Play and to Google's Play Store terms.
(b) Google is not responsible for the App or for providing any maintenance or support for it.
(c) These Terms do not give Google any rights, obligations or third-party beneficiary status, except as required by Google's developer terms.
11.3 Other third-party services
The App relies on third-party services (including Stripe, VetChat for Telehealth (section 9A), our laboratory partners for at-home tests (section 9B), and the sub-processors listed in our Privacy Policy). Your use of those services may also be governed by their own terms. We're not responsible for third parties; you may have rights against them directly.
12. DISCLAIMERS
To the maximum extent permitted by law, the App is provided "as is" and "as available". To the fullest extent permitted by law, we exclude and disclaim all representations, warranties, conditions, and guarantees of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, title, accuracy, availability, and non-infringement.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that can't lawfully be limited or excluded. Where our liability for breach of a non-excludable guarantee can be limited, we limit it (at our election) to re-supplying the App or refunding the price paid for the relevant period.
13. LIMITATION OF LIABILITY
To the maximum extent permitted by law and subject to section 12, you acknowledge and agree that:
(a) We are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, data or use, arising from or related to the App.
(b) Our total aggregate liability arising from or related to the App in any 12-month period is limited to the amount you paid to Elita for the App in the 12 months immediately before the event giving rise to the liability.
14. INDEMNITY
Subject to applicable laws, You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective directors, officers, employees, contractors, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, liabilities, losses, damages, penalties, fines, costs, and expenses (including legal costs and expenses on a full indemnity basis) of any kind, whether direct, indirect, consequential, or otherwise, arising out of or in connection with:
a) your access to, use of, or misuse of the App; your breach of these Terms or of any applicable law or regulation;
b) your content, contributions, or communications (including any infringement, misappropriation, or violation of third-party rights such as intellectual property, privacy, confidentiality, or publicity rights);
c) your unlawful, negligent, reckless, wrongful, fraudulent, or intentional acts or omissions.
This indemnity applies regardless of whether the matter giving rise to the indemnity was foreseeable by you or by us, and regardless of whether any Indemnified Party is itself alleged or found to have contributed to the loss (except to the extent caused by our own gross negligence, fraud, or wilful misconduct, which cannot lawfully be excluded). This indemnity is continuing, irrevocable, and survives termination of these Terms and your use of the App.
15. COMMUNICATIONS
By creating an account, you agree we may contact you about your account, your subscription, the App, security issues, legal notices and material changes to these Terms or our Privacy Policy. These are operational communications. We send them through the channels available to us (in-app messages, push notifications, and email to the address on your account).
You can't fully opt out of operational communications while you have an active account in the App. If you don't want to receive them, delete your account.
Push notifications are delivered through our notifications and engagement provider, OneSignal. Where you grant device location permission, your precise location may be used by OneSignal on our behalf to deliver region-relevant notifications and personalised content. You can withdraw push notification permission at any time in your app or device settings, and withdraw location permission at any time in your device's system location settings. See our Privacy Policy for full detail on the information OneSignal processes on our behalf.
Marketing communications are separate. Where we send promotional emails, push notifications or other marketing, we do so on the consent basis described in our Privacy Policy, and you can opt out at any time.
16. TERMINATION
We may suspend, restrict, or terminate your access to the App, or deactivate your account, at any time and for any reason (including actual or suspected breach of these Terms, unlawful activity, security concerns, or operational requirements), without liability to you. You may stop using the App at any time.
Termination does not affect any accrued rights or obligations. Provisions that by their nature are intended to survive termination (including those relating to intellectual property, disclaimers, limitation of liability, indemnity, and governing law) will continue in effect.
17. CHANGES TO THESE TERMS
We may amend, update, or replace these Terms from time to time to reflect changes in the App, our business operations, legal requirements, or other reasons. When we make changes, we will post the updated Terms on the App with a revised “Last Updated” date. Unless otherwise required by law, changes take effect immediately upon posting. Your continued access to or use of the App after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the App and deactivate your account.
18. GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of Victoria, Australia. You and Elita submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. Nothing in this section limits any non-excludable consumer rights you may have under the law of your place of residence.
19. MISCELLANEOUS
19.1 Entire agreement
These Terms (together with the Privacy Policy and any notices we publish in the App) form the entire agreement between you and Elita about the App.
19.2 No assignment by you
We may assign or transfer rights or obligations under these Terms, acting in our sole discretion. You must not assign or transfer any right or obligations under these Terms without our prior written consent.
19.3 Severability
If any provision is held to be unenforceable, the rest remains in force.
19.4 No waiver
If any provision of this Agreement is held to be invalid, illegal or unenforceable, it is to be read down so as to be valid, enforceable and legal. If it cannot be read down, the provision must be severed, and the remaining provisions continue in full force and effect.
19.5 Contact
If you have any questions about these Terms or the App, you can contact us via email at: [email protected]