App User Terms

Please read these App User Terms carefully, as they set out the basis upon which we license the App for use.

Before you download the App or make payment for a Subscription, we will ask you to give your express agreement to the provisions of these App User Terms. 

1. Term
2. These App User Terms shall come into force upon the Effective Date.
3. These App User Terms shall continue in force indefinitely, subject to termination in accordance with Clause 21 or any other provision of these App User Terms.
4. App Stores
5. The User acknowledges that, in addition to these App User Terms, the App Store Terms and Conditions shall apply to the use of the App and the other matters contemplated in these App User Terms.
6. In the event of any conflict between these App User Terms and the App Store Terms and Conditions, the provisions of the latter shall take precedence.
7. Those provisions of the App Store Terms and Conditions that impose obligations and/or liabilities on the User in relation to the App and/or the Services excluding those relating to payments are hereby incorporated into these App User Terms for the benefit of the Licensor, and as such shall be enforceable by the Licensor against the User.
8. For the avoidance of doubt, the following matters shall be governed by the provisions of the App Store Terms and Conditions: the amounts payable by the User in respect of these App User Terms; the methods of payment to be used by the User; and any rights of the User to cancel these App User Terms and received any refunds of amounts paid in respect of these App User Terms.
9. The User acknowledges that the operator of the App Store has rights under the App Store Terms and Conditions which may affect the exercise of the User's rights under these App User Terms. Subject to Clause 18.1, the Licensor will not be in breach of these App User Terms as a result of, and will not be liable to the User in respect of any loss or damage arising out of, the operator's exercise of its rights under the App Store Terms and Conditions.
10. Payment
11. The User must pay fees in the amounts and at the times specified in the pricing section of the App for the chosen Subscription Model when creating a profile in the App, or as otherwise agreed in writing (Subscription Fees).
12. All Subscription Fees must be paid in advance and are non-refundable for change of mind.
13. The Subscription will continue to renew for the Term, and the User must pay Subscription Fees in accordance with the chosen Subscription Model, unless terminated in accordance with these App User Terms. By choosing a recurring payment plan, the User acknowledges that the Subscription has an initial and recurring payment feature and accepts responsibility for all recurring charges prior to any termination of the Subscription.
14. In-App Purchases:
15. The User may purchase a Subscription on the Apple App Store or Google Play Store.
16. In-App purchases are subject to the terms and conditions of the respective provider. Transactions are securely processed through the payment gateway of the application store.
17. For any billing/payment-related issue, you must contact the application store provider directly.
18. The Licensor may use third-party payment providers including In-App purchases set out in clause 3.4 (Payment Providers) to collect payment of the Subscription Fees. The processing of payments by the Payment Provider will be, in addition to the Subscription Fees, subject to the terms and conditions and privacy policies of the Payment Provider. The Licensor is not liable for the security or performance of the Payment Provider. The Licensor reserves the right to correct, or to instruct the Payment Provider to correct, any errors or mistakes in collecting any Subscription Fees.
19. The Licensor reserves the right, to at any time notify the User in writing of any change to the Subscription Fees. If the User does not agree to the change, the User may terminate these App User Terms without penalty by providing written notice to the Licensor.  
20. The Subscription Fee amount shown on the App may be in a currency other than Australian Dollars. All Fees must, however, be paid in Australian Dollars. Depending on your payment method you may be charged a foreign transaction fee. 
21. Unless otherwise indicated, the Subscription Fees do not include GST. The User is responsible for any GST payable for a taxable supply by the Licensor.
22. The Licensor reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club). 
23. If the Licensor is unable to debit the User’s payment method, the Licensor may charge a dishonour fee and cease to provide the Services to the User, until any outstanding payment has been received. 
24. Scope of Services and Third Parties
25. The App may contain information and materials from third parties, including data information, social media content and links to other apps and/or websites (Third Party Material). We do not have control over, and are not responsible for, any Third Party Material (including its currency, accuracy or reliability). Unless expressly stated otherwise, we do not sponsor or endorse the Third Party Materials.
26. Without limiting the above, certain features of the App aggregates Third Party Materials to produce results for you. We rely on third parties to supply the Third Party Materials and we therefore do not warrant the quality or accuracy of the results. To the extent permitted by law, we have no liability arising out of any results or recommendations produced by the App, and you are responsible for the final choice of any product that you may choose.
27. The Licensor accepts no liability whatsoever for any aspect of the Users and third parties interaction.
28. The Licensor has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by third parties, including, but not limited to, the ability of third parties to perform tasks or supply items.
29. Licence
30. The Licensor hereby grants from the date of supply of the App to the User a non-exclusive, worldwide and revocable licence to use the App on any device which can access the App, subject to the limitations and prohibitions set out and referred to in this Clause 5.
31. The User may not sub-license and must not purport to sub-license any rights granted under Clause 5.1 without the prior written consent of the Licensor, save to the extent expressly provided otherwise in these App User Terms.
32. Save to the extent expressly permitted by these App User Terms or required by applicable law on a non-excludable basis, any licence granted under this Clause 5 shall be subject to the following prohibitions:
33. the User must not sell, resell, rent, lease, loan, supply, publish, distribute or redistribute the App;
34. the User must not use the App for commercial purposes of any kind;
35. the User must not alter, edit or adapt the App; and
36. the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the App.
37. No assignment of Intellectual Property Rights
38. Nothing in these App User Terms shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User, or from the User to the Licensor.
39. Source Code
40. Nothing in these App User Terms shall give to the User or any other person any right to access or use the Source Code or constitute any licence of the Source Code.
41. Hosted Services
42. The Licensor hereby grants to the User a non-exclusive, revocable and worldwide licence to use the Hosted Services by means of the App for the personal purposes of the User during the Term.
43. Except to the extent expressly permitted in these App User Terms or required by law on a non-excludable basis, the licence granted by the Licensor to the User under Clause 8.1 is subject to the same prohibitions as those relating to the licence of the App and set out in Clause 5.3.
44. The Licensor shall use all reasonable endeavours to maintain the availability of the Hosted Services to the User at the gateway between the public internet and the network of the hosting services provider for the Hosted Services but does not guarantee 100% availability.
45. The User must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or App or impairment of the availability or accessibility of the Hosted Services.
46. The User must not use the Hosted Services:
47. in any way that is unlawful, illegal, fraudulent or harmful; or
48. in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
49. All the limitations and exclusions of liability and warranties, and the special acknowledgements by the User, that are set out in these App User Terms and expressed to relate to the App shall apply in respect of the Hosted Services in addition to the App.
50. User Data
51. The User hereby grants to the Licensor a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the User Data to the extent reasonably required for the performance of the Licensor's obligations and the exercise of the Licensor's rights under these App User Terms. The User also grants to the Licensor the right to sub-license these rights to its hosting, connectivity and telecommunications service providers, subject to any express restrictions elsewhere in these App User Terms.
52. The User warrants to the Licensor that the User Data will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.
53. User Profile
54. By creating a profile on the App, the User agrees:
55. that they are over 18 years of age;
56. that the information provided in the profile is true and correct at the time the User provides that information;
57. that the User will not share, disclose or permit disclosure of the password to the User’s profile or permit anyone else to use the User’s profile;
58. that the User may receive emails about the User’s profile and/or emails containing marketing material from time to time;
59. that the User may opt-out of receiving marketing material at any time; 
60. that if the User opts-in to receive information from third party service providers, the User may be added to external mailing lists which are not controlled by the Licensor; and
61. to accept any other Terms and Conditions relating to sign up and registration.
62. Any personal information submitted by the User will be collected, held and used as contemplated by these App User Terms, the privacy collection statement and the Licensor’s privacy policy.
63. Prohibited Conduct
64. The User must not do or attempt to do anything: 
65. that is unlawful; 
66. prohibited by any laws applicable to the App; 
67. which the Licensor would consider inappropriate; or 
68. which might bring the Licensor or the App into disrepute, including (without limitation):
69. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
70. using the App to defame, harass, threaten, menace or offend any person;
71. interfering with any user using the App;
72. tampering with or modifying the App, knowingly transmitting viruses or other disabling features, or damaging or interfering with the App, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with the App;
73. using the App to send unsolicited email messages; or
74. facilitating or assisting a third party to do any of the above acts.
75. including post, upload, publish, submit or transmit any content that:
76. contains videos, images or media content of another person without his or her permission;
77. contains videos, images or media content of a minor;
78. is defamatory, abusive, obscene, pornographic, profane, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
79. is violent or threatening or promotes violence or actions that are threatening or intimidating to any other person; or
80. promotes illegal or harmful activities or use of illegal or harmful substances.
81. Including print, publish, modify, link to or distribute any content from the App or any other documentation that we provide to you, unless we have authorised you in writing to do so;
82. Including use the App, Services or any of the materials therein for commercial purposes; and
83. including modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the App.
84. The Licensor must not do or attempt to do anything: 
85. that is unlawful; 
86. prohibited by any laws applicable to the App; 
87. which the User would consider inappropriate; or 
88. which might bring the User into disrepute, including (without limitation):
89. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
90. using the App to defame, harass, threaten, menace or offend any person;
91. interfering with any user using the App;
92. tampering with or modifying the App, knowingly transmitting viruses or other disabling features, or damaging or interfering with the App, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with the App;
93. using the App to send unsolicited email messages; or
94. facilitating or assisting a third party to do any of the above acts.
95. Maintenance Services
96. The Licensor may from time to time during the Term conduct Maintenance Services but shall have no obligation to do so.
97. The User must apply to the App each Update and Upgrade made available by the Licensor through the Maintenance Services.
98. If the User does not apply an Update or Upgrade to the App, then the User shall cease to have any right to use the App until such time as it does so. The User acknowledges that the Licensor may use technical measures to enforce this Clause 12.3.
99. The User acknowledges that the supply and licensing of Upgrades may, at the discretion of the Licensor, be subject to additional terms and conditions.
100. Support Services
101. During the Term the Licensor may provide Support Services to the User, but the Licensor shall have no obligation to do so under these App User Terms.
102. The Licensor shall make available to the User a helpdesk for the purpose of enabling the User to request and where relevant receive the Support Services.
103. The Support Services shall be provided remotely, save to the extent that the parties agree otherwise in writing.
104. The Licensor will use reasonable endeavours to respond promptly to all requests for Support Services made by the User through the helpdesk.
105. The Licensor shall have no obligation to provide Support Services in respect of any issue caused by:
106. any factor outside the scope of the Support Services;
107. the improper use of the App by the User; or
108. any alteration to the App made without the prior consent of the Licensor.
109. The User acknowledges and agrees that the Licensor gives no warranties or guarantees in relation to the outcome of the Support Services.
110. Privacy policy
111. Any personal data that the User supplies to the Licensor under or in connection with these App User Terms shall be processed in accordance with the privacy policy of the Licensor, the current version of which can be viewed at https://rarebody.com.au/pages/privacy-policy. This privacy policy includes compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws where applicable, ensuring the protection and proper handling of personal data.
112. Suspension of Services
113. The Licensor may suspend the provision of any or all of the Services if any amount due to be paid by the User to the Licensor under these App User Terms is overdue, and the Licensor has given to the User at least 14 days' written notice, following the amount becoming overdue, of its intention to do so.
114. User indemnity
115. The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of any breach by the User of these App User Terms.
116. The Licensor shall indemnify and shall keep indemnified the User against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the User and arising directly or indirectly as a result of any breach by the Licensor of these App User Terms.
117. Warranties
118. The Licensor warrants to the User that:
119. it has the legal right and authority to enter into these App User Terms and to perform its obligations under these App User Terms;
120. the App, when used by the User in accordance with these App User Terms, will not infringe the Intellectual Property Rights of any person in any jurisdiction and under any applicable law.
121. If the Licensor reasonably determines, or any third party alleges, that the use of the App by the User in accordance with these App User Terms infringes any person's Intellectual Property Rights, the Licensor may reasonably at its own cost and expense:
122. modify the App in such a way that it no longer infringes the relevant Intellectual Property Rights, providing that any such modification must not introduce any App Defects into the App and must not result in the App failing to conform with the App Specification; or
123. procure for the User the right to use the App in accordance with these App User Terms.
124. The User warrants to the Licensor that: 
125. it has the legal right and authority to enter into these App User Terms and to perform its obligations under these App User Terms;
126. the User agrees and acknowledges that the Services do not include any personalised fitness or health advice specific to the User, and that any information provided by the Licensor is general in nature;
127. the User agrees and acknowledges that results are not guaranteed based on the User’s use of the App; and
128. the User will take into consideration any medical conditions, fitness abilities, injuries or impairments that will be detrimental to the participant’s health if they choose to action any workout routines or meal guides made available via the App.
129. All of the parties' warranties and representations in respect of the subject matter of these App User Terms are expressly set out in these App User Terms. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of these App User Terms will be implied.
130. Acknowledgements and warranty limitations
131. The User acknowledges that the App is never wholly free from defects, errors and bugs; and subject to the other provisions of these App User Terms, the Licensor gives no warranty or representation that the App will be wholly free from defects, errors and bugs.
132. The User acknowledges that the App is never entirely free from security vulnerabilities; and subject to the other provisions of these App User Terms, the Licensor gives no warranty or representation that the App will be entirely secure.
133. The User acknowledges that the Licensor will not provide any legal, financial, accountancy or taxation advice under these App User Terms or in relation to the App and except to the extent expressly provided otherwise in these App User Terms, the Licensor does not warrant or represent that the App or the use of the App by the User will not give rise to any legal liability on the part of the User or any other person.
134. Limitations and exclusions of liability
135. Nothing in these App User Terms will:
136. limit or exclude any liability for death or personal injury resulting from negligence;
137. limit or exclude any liability for fraud or fraudulent misrepresentation;
138. limit any liabilities in any way that is not permitted under applicable law; or
139. exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by these App User Terms, except to the extent permitted by law.
140. To the extent permitted by law the Licensor disclaims all responsibility and liability for:
141. any personal injury to the User or any third party, whether directly or indirectly caused by the use of the App including but not limited to any injury resulting from pre-existing medical conditions/injuries (user’s are advised to consult a healthcare professional before beginning any new exercise program), except to the extent directly caused by the Licensor's gross negligence or willful misconduct;
142. any implied or express guarantees, representations, or conditions of any kind, which are not explicitly stated in these App User Terms, including but not limited to implied warranties of fitness for a particular purpose;
143. any medical advice; the App does not provide medical advice of any kind. Content generated by the App, including but not limited to exercise demonstrations, meal plans, and health tips, is for general informational purposes only and is not personalised for each User and should not be taken as medical advice; and
144. results from using this App; results can vary and are not guaranteed. User success depends on factors including but not limited to individual effort, body type, dietary habits, etc. 
145. The limitations and exclusions of liability set out in this Clause 19 and elsewhere in these App User Terms:
146. are subject to Clause 19.1; and
147. govern all liabilities arising under these App User Terms or relating to the subject matter of these App User Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these App User Terms.
148. The parties will not be liable to one another in respect of any:
149. losses arising out of a Force Majeure Event;
150. loss of business, contracts or opportunities;
151. loss or corruption of any data, database or App; and/or
152. special, indirect or consequential loss or damage.
153. The liability of the parties under these App User Terms in respect of any event or series of related events shall not exceed the greater of:
154. $100; and
155. the total amount paid and payable by the User to the Licensor under these App User Terms in the 12-month period preceding the commencement of the event or events.
156. The aggregate liability of the parties under these App User Terms shall not exceed the greater of:
157. $100; and
158. the total amount paid and payable by the User to the Licensor under these App User Terms.
159. Assumption of Risk
160. The User acknowledges and agrees that actioning any activities made available via the App may involve inherent risks, including but not limited to physical injury, overexertion, dehydration, equipment malfunctions, accidents involving equipment, or unexpected interactions with others or the User’s environment.
161. The User accepts full responsibility for selecting workout and intensity levels appropriate for their physical condition and capabilities when actioning any activities made available via the App, as the workout routines are not personalised to each User and are general in nature. It is the User's duty to ensure they do not exceed their personal limits while actioning any workout routines made available via the App. The User must ensure that they are physically equipped to engage in any activities safely and that no medical professional has advised them otherwise.
162. In addition, the User warrants that they are not aware of any medical conditions, injuries, or impairments that would be detrimental to their health if they action any workout routines or meal guides made available via the App. Should the User become aware of any such conditions, the User must cease participation immediately.
163. By participating in activities made available on the App, the User voluntarily assumes all risks associated with these activities and agrees that the Licensor shall not be held liable for any injury or harm resulting from their participation, except in cases of gross negligence or willful misconduct by the Licensor. 
164. Termination
165. Either party may terminate these App User Terms without cause by giving the other party no less than 2 days' written notice of termination prior to the end of the term of the Subscription Model.
166. Either party may terminate these App User Terms immediately by giving written notice of termination to the other party if:
167. the other party commits any breach of these App User Terms, and the breach is not remediable;
168. the other party commits a breach of these App User Terms, and the breach is remediable but the other party fails to remedy the breach within the period of 14 days following the giving of a written notice to the other party requiring the breach to be remedied; or
169. the other party persistently breaches these App User Terms (irrespective of whether such breaches collectively constitute a material breach).
170. Subject to applicable law, either party may terminate these App User Terms immediately by giving written notice of termination to the other party if:
171. the other party:
172. is dissolved;
173. ceases to conduct all (or substantially all) of its business;
174. is or becomes unable to pay its debts as they fall due;
175. is or becomes insolvent or is declared insolvent; or
176. convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
177. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
178. an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under these App User Terms); or
179. if that other party is an individual:
180. that other party dies;
181. as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
182. that other party is the subject of a bankruptcy petition or order.
183. To the extent permitted by law, the Licensor may terminate these App User Terms immediately by giving written notice to the User if:
184. any amount due to be paid by the User to the Licensor under these App User Terms is unpaid by the due date; and
185. the Licensor has given to the User written notice, following the failure to pay, of its intention to terminate these App User Terms in accordance with this Clause 21.4; and 
186. any amount due to be paid by the User to the Licensor under these App User Terms remains unpaid upon the date that written notice of termination is given. 
187. Effects of termination
188. Upon the termination of these App User Terms, all of the provisions of these App User Terms shall cease to have effect, save that the following provisions of these App User Terms shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 2, 8.6, 12.4, 16, 19, 22, 23, 24 and 25.
189. Except to the extent expressly provided otherwise in these App User Terms, the termination of these App User Terms shall not affect the accrued rights of either party.
190. General
191. No breach of any provision of these App User Terms shall be waived except with the express written consent of the party not in breach.
192. If any provision of these App User Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of these App User Terms will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
193. The Licensor may vary these App User Terms by giving to the User at least 30 days' written notice of the variation. Subject to this, these App User Terms may only be varied by a written document signed by or on behalf of each of the parties. After any variation to these terms, the User has the choice to terminate this Agreement without penalty.
194. These App User Terms is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to these App User Terms are not subject to the consent of any third party.
195. These App User Terms along with any services agreement in place between the Licensor and the Licensee (if applicable) shall constitute the entire agreement between the parties in relation to the subject matter of these App User Terms, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
196. Disputes: In the event of any dispute arising from, or in connection with, these App User Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
197. These App User Terms shall be governed by and construed in accordance with the laws of Queensland, Australia. The User irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
198. Definitions
199. In these App User Terms, except to the extent expressly provided otherwise:
200. "App" means the health and fitness application and/or web app RareBody, managed and used by the Licensor to provide the Hosted Services, including the application and database software for the Hosted Services, the system and server software used to provide the Hosted Services, and the computer hardware on which that application, database, system and App is installed;
201. "App Store" means the online sales and distribution platform operated by a third party by means of which the User obtained the App;
202. "App Store Terms and Conditions" means the terms and conditions of the App Store that set out any rights and/or obligations of the User in relation to the App and/or any of the Services;
203. "App User Terms" means these app user terms and conditions, including any amendments from time to time;
204. "Effective Date" means the date upon which the User receives a written confirmation that these App User Terms have come into force following the User's express consent to these App User Terms;
205. "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious App attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);
206. "Hosted Services" means the hosted services (if any) that are made available by the Licensor to the User as a service via the internet and may be accessed and used by means of the App;
207. "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
208. "Licensor" means RareBody Pty Ltd, a company incorporated in Australia (ACN 679 066 052), also referred to as “we” and “our”;
209. "Maintenance Services" means the supply to the User of Updates and Upgrades;
210. "Services" means any services that the Licensor provides to the User, or has an obligation to provide to the User, under these App User Terms, including but not limited to the Hosted Services;
211. "Source Code" means the App code in human-readable form or any part of the App code in human-readable form, including code compiled to create the App or decompiled from the App, but excluding interpreted code comprised in the App;
212. "Subscription" means the subscription between the Licensor and the User for use of the App;
213. "Subscription Model" means the subscription model as selected by the User when creating a profile and purchasing a Subscription, being a yearly subscription model, monthly subscription model or any other subscription model made available by the Licensor as updated from time to time;
214. "Support Services" means support in relation to the use of the App and the identification and resolution of errors in the App, but shall not include the provision of training services whether in relation to the App or otherwise;
215. "Term" means the term of these App User Terms, commencing in accordance with Clause 1.1 and ending in accordance with Clause 1.2;
216. "Update" means a hotfix, patch or minor version update to the App;
217. "Upgrade" means a major version upgrade of the App;
218. "User" means the person to whom the Licensor grants a right to use the App under these App User Terms, also referred to as “you” or “your”; and
219. "User Data" means all data, works and materials: uploaded to or stored on the App by the User; transmitted by the App at the instigation of the User; supplied by the User to the Licensor for uploading to, transmission by or storage on the App; or generated by the App as a result of the use of the Hosted Services by the User (but excluding analytics data relating to the use of the App and server log files).
220. Interpretation
221. In these App User Terms, a reference to a statute or statutory provision includes a reference to: 
222. that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
223. any subordinate legislation made under that statute or statutory provision.
224. The Clause headings do not affect the interpretation of these App User Terms.
225. References in these App User Terms to "calendar months" are to the 12 named periods (January, February and so on) into which a year is divided.
226. In these App User Terms, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.