1. About these terms
These terms are an agreement between you and Nousattva Pty Ltd, a company registered in Australia ("Nousattva", "we", "us"). They cover the tendwell mobile apps, this website and any related services (together, "tendwell").
By creating an account or using tendwell, you agree to these terms, our privacy policy, our health data and usage policy and our community guidelines. If you don't agree, please don't use tendwell.
If you download tendwell from the App Store or Google Play, Apple's or Google's own terms also apply to that download. Those companies are not responsible for tendwell or for supporting it.
2. tendwell is not medical advice
tendwell is a general wellness app, not a medical device. It has not been assessed or approved by any health regulator, including Australia's Therapeutic Goods Administration, Singapore's Health Sciences Authority, India's Central Drugs Standard Control Organisation or the US Food and Drug Administration.
- Readiness scores, health signals, trends, cycle predictions, challenge scores, coach responses and summaries are general information. They can be wrong, late or incomplete, and they are not a diagnosis.
- Don't use tendwell to decide whether to start, stop or change a medicine or treatment. Always follow the advice of your doctor or pharmacist.
- Cycle and fertility predictions must not be used as contraception or to avoid pregnancy.
- Medicine reminders depend on your phone, its settings and notifications being delivered. Don't rely on tendwell as the only way to remember a critical medicine.
- Alerts to family members, such as missed-dose alerts, may arrive late or not at all. They are not an emergency or monitoring service.
- Talk to a doctor before starting a new exercise programme or challenge, especially if you have a health condition, are pregnant, or haven't exercised for a while. Stop if you feel unwell.
In an emergency, call your local emergency number (995 in Singapore, 112 in India, 000 in Australia, 911 in the United States). tendwell can't contact emergency services for you.
3. Who can use tendwell
- You must be at least 13 to create your own account, or older if the law where you live requires it. In India you must be 18, unless your parent or guardian gives verifiable consent and supervises your use.
- If you are under 18 (or under the age of majority where you live), a parent or guardian must agree to these terms for you.
- Younger children can be added only as a family profile, created and managed by a parent or legal guardian. See section 7.
- You can't use tendwell if we have previously closed your account for breaking these terms, or if the law prevents you from using it.
4. Your account
- Give us accurate information and keep it up to date. Choose a username that doesn't pretend to be someone else.
- Keep your sign-in secure. You're responsible for what happens in your account unless it was caused by our failure to protect it.
- Tell us straight away at it.dev@nousattva.com if you think someone else has used your account.
- One person per account. Accounts can't be sold or transferred.
5. What tendwell provides
tendwell lets you bring together health data from Apple Health or Health Connect, add your own records, see insights, share selected information with family and friends, take part in challenges and, where offered, use paid features.
tendwell depends on your phone, its operating system, Apple Health or Health Connect, any devices you connect, and internet access. We aren't responsible for the accuracy of data those sources provide, or for features they change or remove.
We keep improving tendwell, so features may change, move to a paid plan or be removed. If we remove a paid feature you've paid for, we'll tell you in advance and you can cancel.
6. Test (beta) versions
tendwell is currently in testing. Test versions are given to you as they are, may contain errors, may lose data, and may be changed or withdrawn at any time. Please don't rely on a test version for anything important, and keep your own records of medicines and appointments.
If you send us feedback or ideas, we can use them to improve tendwell without owing you anything. Please don't share test versions, invite links or unreleased features with anyone else unless we've said you can.
7. Family and children
- When you add someone to your family or invite them to share data, they decide what they share with you, and you decide what you share with them.
- You may only add a child's profile if you are their parent or legal guardian, or have their parent's or guardian's permission. You're responsible for the information you add about them.
- Don't add an adult's health information to tendwell without their permission.
- Children's profiles can't post publicly or appear in public challenges.
- Use what family members share with you only to look after them. Don't pass it on without their permission.
8. Your content
"Your content" means posts, photos, comments, profile details, challenge entries and anything else you add to tendwell.
- You own your content. You give us a worldwide, non-exclusive, royalty-free licence to store, copy, display, adapt (for example, resize a photo) and share your content, only so we can run tendwell and show it to the people you've chosen. If you add the tendwell frame or QR code when sharing outside the app, that sharing is your choice.
- This licence ends when you delete the content or your account, except for copies other people have already shared or saved, content needed to deal with a report or legal claim, and backups that are erased on a schedule.
- You confirm you have the right to post your content, and that it follows these terms and the community guidelines.
- We don't claim ownership of your health data, and we use it only as described in our health data and usage policy.
9. Rules for using tendwell
You agree not to:
- harass, threaten, bully, shame or impersonate anyone, or share someone else's health information without their permission;
- post content that is illegal, sexual, hateful, violent, misleading or that promotes self-harm or disordered eating;
- give medical advice as if you were a qualified professional when you are not, or promote dangerous health practices;
- use tendwell to sell or advertise without our permission, or send spam;
- fake activity data or tamper with challenges;
- copy, scrape, reverse engineer or interfere with tendwell, try to get around its security, or access accounts or data that aren't yours;
- use tendwell to build a competing product or to train artificial intelligence models.
10. Challenges
- Take part only at a level that is safe for you. You are responsible for your own exercise and wellbeing.
- Scores are worked out automatically from the data your phone and devices provide. We may adjust or remove scores that look like recording errors or cheating, and our decision on scores is final.
- Unless a challenge clearly says otherwise, challenges have no prizes. If we run a challenge with prizes, it will have its own rules, which will apply alongside these terms.
11. Paid plans and purchases
- Paid plans and in-app purchases are sold through the Apple App Store or Google Play, and billed by Apple or Google to the account you use there.
- Subscriptions renew automatically at the end of each period unless you cancel at least 24 hours before it ends. Cancel in your App Store or Google Play account settings. Deleting tendwell or your tendwell account doesn't cancel a subscription.
- The price, period and any free trial are shown before you buy. If we change the price, Apple or Google will tell you before it applies, and you can cancel.
- Refunds are handled by Apple or Google under their policies. This doesn't limit your rights under consumer law (see section 15).
- Promotional codes can be used only as described when they're issued, and can't be exchanged for cash.
12. Other companies' services
tendwell works with services run by other companies, including Apple Health, Health Connect, sign in with Apple, Google sign-in, app stores and connected devices. Their terms and privacy policies apply to your use of them, and we aren't responsible for their services. If a link in tendwell takes you to another website, we aren't responsible for that website.
13. Our rights
tendwell, its software, design, logo, name and content (other than your content) belong to Nousattva or the people who license them to us. We give you a personal, non-transferable, non-exclusive right to use tendwell on devices you own or control, for your own non-commercial use, under these terms. All other rights are reserved.
14. Ending or suspending your use
- You can stop using tendwell and delete your account at any time.
- We may remove content, limit features, or suspend or close your account if you break these terms or the community guidelines, if the law requires us to, or to protect other people or tendwell. Where it is reasonable and safe, we'll tell you why and give you a chance to respond.
- If you think we've made a mistake, email it.dev@nousattva.com and we'll look again.
- We may stop providing tendwell. If we do, we'll give you at least 30 days' notice where we can, a way to get a copy of your data, and a pro-rata refund of any prepaid fees for the period after it stops.
- Sections 8, 13, 15, 16, 17 and 19 continue after your account ends.
15. Your consumer rights
Nothing in these terms limits any rights you have that can't be excluded by law, including under the Australian Consumer Law, Singapore's Consumer Protection (Fair Trading) Act, India's Consumer Protection Act 2019, or similar laws where you live.
Under the Australian Consumer Law, our services come with guarantees that cannot be excluded. Where we're allowed to limit our liability for failing to meet a guarantee, our liability is limited to supplying the service again or paying the cost of having it supplied again.
16. Limits on our responsibility
To the extent the law allows, and subject to section 15:
- tendwell is provided "as is" and "as available". We don't promise it will always be available, error-free or accurate, or that it will meet your health goals.
- We aren't responsible for decisions you make based on tendwell, for data provided by Apple Health, Health Connect or devices, or for content posted by other people.
- We aren't liable for indirect or consequential loss, or for loss of profit, revenue or data, even if we knew it was possible.
- Our total liability to you for all claims related to tendwell is limited to the greater of the amount you paid us in the 12 months before the claim and A$100.
These limits don't apply to liability for death or personal injury caused by our negligence, for fraud, or to anything else the law doesn't let us limit.
17. If you cause a claim against us
If you use tendwell in breach of these terms or the law, and someone makes a claim against us because of it, you agree to cover our reasonable costs of that claim, to the extent caused by your breach. This doesn't apply if you're using tendwell as a consumer in a country where this kind of term isn't allowed.
18. Changes to these terms
We may update these terms as tendwell or the law changes. If a change matters, we'll tell you in the app or by email at least 14 days before it takes effect, unless the change is needed sooner for legal or safety reasons. If you keep using tendwell after the change takes effect, the new terms apply. If you don't agree, you can delete your account.
19. Governing law and disputes
These terms are governed by the laws of Victoria, Australia. If you're a consumer, you also keep the protection of the mandatory laws of the country where you live, and you can bring a claim in your local courts.
If you have a problem, please email it.dev@nousattva.com first. We'll try to resolve it within 30 days.
Local laws. We follow the laws of every country where tendwell is available, including consumer, privacy, health data and online safety laws. When a law changes, or a new one applies, we update tendwell, these terms and our policies to meet it. Where a local law gives you more protection than these terms, that law applies.
20. General
- If any part of these terms can't be enforced, the rest still applies.
- If we don't enforce a right straight away, we haven't given it up.
- We may transfer these terms to a company that takes over tendwell, as long as your rights aren't reduced. You can't transfer them without our agreement.
- These terms, together with the policies they refer to, are the whole agreement between you and us about tendwell.
21. Contact
Nousattva Pty Ltd
it.dev@nousattva.com