Please read these Terms of Use (“Terms”) carefully, they constitute a legally binding contract. By (i) creating a user account with us; (ii) using the OnTracka App, you have agreed to be bound by these Terms.
 

IMPORTANT NOTICE

YOU SHOULD BE AWARE THAT ONTRACKA IS NOT A PROVIDER OF MEDICAL ADVICE. BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY OR THE HEALTH OR SAFETY OF YOUR FAMILY, PLEASE CONSULT A PROFESSIONAL IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR LOCAL URGENT HEALTHCARE PROVIDER IMMEDIATELY.

Changes to Terms

We reserve the right to change these Terms from time to time, and such changes will become applicable to you if you continue to use the OnTracka App or access OnTracka.com at any time after such changes are posted on our Website. Where we believe that any changes are material, we will notify you through an in-app notification, alerts on our Website and/or an email to the address you have provided us, but regardless of whether you receive such notice, any changes will become effective if you use the OnTracka App or access the Website at any time after such changes are published on this page. We recommend that you visit this page periodically to be sure you are aware of the most recent terms of this agreement. If you do not agree to these Terms, do not use any of the OnTracka App or www.OnTracka.com, and if you do not wish to agree to any changes to these Terms, please terminate your account.
 

The Parties to this Agreement

These Terms describe a contractual agreement between you, the user of OnTracka App (“you”, “your”), and OnTracka Australia Pty Ltd and its subsidiaries and affiliates regarding your use of the applications offered by us through iPhones, Android phones and the internet, our website, OnTracka.com (“Website”), or any other element of our service. OnTracka has the right to refuse registration of, or cancel your user account in its discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that OnTracka has the right to terminate or limit your account in the event that OnTracka determines, in its sole discretion, that you have violated the policies of the Services.

You Must Be Eligible to Use Our Services

To be eligible to use the Services, (i) you must be at least 16 years old or you must be at least 13 years old and have the permission of your parent or legal guardian, (ii) you (or your parent/guardian) must agree to be bound by these Terms. If you do not meet any and all of these criteria, please delete OnTracka from your systems and do NOT use the Services. Any consideration of your health is important. While the OnTracka is offered to help you down this journey, it is not a substitute for professional support from a doctor or healthcare provider.
 

OnTracka Does Not Offer Medical Advice

The contents of the OnTracka App, the Website, and Services, including but not limited to text, graphics, images, advice, recommendations, any information provided is for your information only. These Contents do not constitute professional medical advice, diagnoses, or treatment, and you should not rely on them as such. Your physician has particular medical knowledge about you and should always be consulted if you have a medical emergency or questions about a medical condition. Your decision to rely on any information you obtain in connection with your use of the services is at your sole discretion and risk. While we believe in our information, we take no responsibility for its accuracy or applicability to your situation before you make any material decisions based on it. Finally, you should be aware that OnTracka does not promise any particular results for your health or well-being.

Clinical Trials and Real-World Data Studies.
 

OnTracka may facilitate the collection of data for Clinical Trials and Real-World Data Studies (RWD Studies). By participating in such trials and studies through the OnTracka App, you acknowledge and agree to the following:

• Informed Consent: You will provide informed consent before participating in any Clinical Trial or RWD Study. You will be provided with detailed information about the study, including its purpose, procedures, risks, benefits, and your rights as a participant.

• Data Collection: During Clinical Trials and RWD Studies, OnTracka will collect various types of data, including but not limited to health data, behavioral data, and feedback on treatment efficacy. This data may be shared with researchers and study sponsors in anonymized or aggregated form.

• Confidentiality and Data Protection: OnTracka is committed to protecting your privacy and the confidentiality of your data. We will use industry-standard security measures to safeguard your data and will only share it as described in our Privacy Policy and the study's consent documents.

• No Medical Advice: Participation in a Clinical Trial or RWD Study does not constitute medical advice, diagnosis, or treatment. Always consult your healthcare provider for medical advice.

• Voluntary Participation: Your participation in any Clinical Trial or RWD Study is voluntary, and you may withdraw from the study at any time without penalty or loss of benefits to which you are otherwise entitled.
   

What OnTracka is Providing

Subject to your acceptance of these Terms, OnTracka grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of the OnTracka App, the Services and related software and to display the results of such Services for your personal non-commercial use. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of OnTracka.
 

Medical Emergencies

If you think you may have a medical emergency, call your local medical emergency number immediately.

Your Privacy and the Use of Your Data

We recognize the importance of protecting the privacy of our users, particularly given the nature of that information. You should be aware that OnTracka may collect and collate a variety of information regarding the use of the Services by you, and may cause the Service to communicate to OnTracka information about its operations even if you are not connected to the internet or a mobile service.
 

OnTracka accesses and holds any personal information it collects and owns any anonymized data that is based on or derived from the data collected. Collection and management of such information are governed by our Privacy Policy which is hereby made part of this agreement. OnTracka uses industry-standard security measures to protect the loss, misuse, and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded through the Services or collected by OnTracka in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third-party & hackers from illegally accessing our site and obtaining access to content or information thereon. You should also be aware that we may from time to time disclose or transfer some of the information that you provide through your use of the Services as more fully described in our Privacy Policy. Please review our Privacy Policy for details; by agreeing to these Terms you are also agreeing to our Privacy Policy as if all of such policy were repeated here. If you do not want us to use your data as described in our Privacy Policy, please do NOT use the Services.
 

Intellectual Property

All content, design, graphics, compilation, magnetic translation, digital conversion and other matters making up the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by OnTracka. Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents, or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute or publish any part of the Services unless we expressly permit you to in these Terms.
 

Use of Data for AI Training

By using the OnTracka App and our services, you acknowledge and agree that your data may be used to train and improve our AI models and machine learning algorithms. This includes anonymized or aggregated data that helps enhance the functionality and performance of our services. We are committed to maintaining the confidentiality and security of your personal data. Any data used for AI training purposes will be handled in accordance with our Privacy Policy, ensuring that personal identifiers are removed or obfuscated to protect your privacy.
 

We do NOT Make Warranties Regarding the Services

Other than as expressly set out in this agreement, neither OnTracka nor any of our affiliates make any promises about the Services. We disclaim all warranties express or implied and all services are provided “as-is”. OnTracka makes no commitments about the reliability, availability, or security of the Services or their ability to predict your cycles and related transmission of sensitive data other than that it will use commercially reasonable efforts to protect your information as described in our Privacy Policy.
 

THE SERVICES AND THE WEBSITE (INCLUDING ANY MOBILE APPLICATION) ARE PROVIDED BY ONTRACKA ON AN “AS IS” BASIS. ONTRACKA AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONTRACKA APP, THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON ANY OF THE ONTRACKA APP OR THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ONTRACKA AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ONTRACKA AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON ANY ONTRACKA APP OR THE WEBSITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NEITHER ONTRACKA NOR ANY OF ITS LICENSORS OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE ONTRACKA APP OR THE WEBSITE OR THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ONTRACKA APP OR THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ONTRACKA AND ITS LICENSORS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF ANY ONTRACKA APP, THE WEBSITE, OR THE SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Disputes and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.
 

Contact Information

If you have any questions about these Terms, please contact us at support@ontracka.com.