NeuraVate Terms of Service

1.1. NeuraVate is a service operated by PairOx Pty Ltd (ABN 82 154 477 728, ACN 154 477 728), an Australian private company ("PairOx", "we", "us", "our").

Operator identity. PairOx Pty Ltd's registered address is 4 Lorikeet Street, Glenwood NSW 2768, Australia, and its telephone number is +61 402 614 311. These Terms bind you and PairOx Pty Ltd.

1.2. These Terms of Service ("Terms") are a legally binding agreement between you and us. They govern your use of the NeuraVate website, the NeuraVate web app, the NeuraVate.ai app for iPhone and Android, the public emergency page your card or link opens, and anything you buy from us (together, the "Service").

1.3. Each version of these Terms is identified by the slug terms-of-service and the version number shown in the header above. The version you accepted, and the date and surface on which you accepted it, are recorded on our servers as described in section 2.

2.1. You accept these Terms by ticking the acceptance box when you create your account (or, for a later version, on the re-acceptance screen described in section 15). A contract between you and us is formed when you complete registration after that acceptance.

2.2. We record your acceptance on our servers — the document slug, the exact version accepted, the time, and the surface on which you accepted it.

2.3. When you sign up you tick two separate boxes, and neither is ticked for you: one accepts these Terms and acknowledges the Privacy Policy; the other gives your consent to the processing of your health information. Accepting these Terms is not that consent (see section 9).

2.4. If you do not agree to these Terms, do not create an account or use the Service.

3.1. You must be 18 or older. We ask for your date of birth when you sign up, and we refuse the sign-up if you are under 18 or do not give a valid date. We do not offer accounts for children or teenagers, and we do not offer a parent or guardian pathway to create or manage one; if we add one, these Terms will change first.

3.2. If we learn that an account belongs to someone under 18, we will close it and delete its data as described in the Privacy Policy (privacy-policy).

3.3. You must give truthful, accurate registration information and keep it up to date.

3.4. You may use the Service only for yourself. Do not create an account for, or enter the information of, another person.

4.1. The Emergency Passport (free). You can create and keep a record — your "Emergency Passport" — of information you choose to enter: your name as you want a responder to see it, blood type, allergies, medical conditions, implanted or assistive medical devices, your advance directive (DNR status and a reference to the document), emergency contacts, and notes. Everything in it is entered by you; we do not obtain it from your clinicians or device manufacturers. The launch version of the Service does not record medications.

4.2. Your emergency card, QR code and link (free). If you switch on sharing, you can create an emergency link, shown as a QR code and as a printable wallet card (PDF). Anyone who scans the QR code or opens the link reaches a public page that needs no login and shows a deliberately limited emergency subset of your passport — not your whole record. You control it: you choose whether sharing is on, and you can replace the link at any time, which stops the old one working (see sections 6 and 7).

4.3. What is free. The passport, the emergency card, the QR code and link, the printable PDF card, the public emergency page and the contact numbers on it, and the record of when your card was opened (which we send you when you ask) are free, and stay free. Optional things we sell are described in section 10. Your mobile carrier's data charges may still apply on your own device.

4.4. Emergency features are never put behind a payment — permanently. The passport, the emergency link and QR code, the public emergency page, and the printable PDF card will never be placed behind a payment, a plan, a trial, or a payment method. At the moment these features matter you may be unconscious and someone else is reading your information, so no billing state may ever be able to stop them working. Nothing in section 10 or section 14 permits this to change.

4.5. The Service changes over time. Section 14 explains how we handle changes to features, and section 15 changes to these Terms.

This section states the boundaries of what NeuraVate is and is not. It is the most important section of these Terms. Please read all of it.

5.1. NeuraVate is an informational, record-keeping, and emergency-information-access service only. It helps you keep a record of information about your devices and health context, and makes a limited subset of it available in an emergency to the people who hold your card or link.

5.2. NeuraVate is not a medical device. The Service has not been cleared, approved, or certified by any medical-device regulatory authority, is not CE-marked as a medical device, and is not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease.

5.3. NeuraVate does not provide medical advice. Nothing in the Service — including any page, card, email, or export — is medical advice, a diagnosis, a treatment recommendation, a prescription, or clinical decision support. The Service does not monitor you or your device, does not connect to, program, or read from any implanted device, and does not alert anyone about your health.

5.4. Always consult qualified professionals. Decisions about your health, your devices, your medications, and your treatment belong with you and your qualified healthcare professionals. Never disregard professional advice, or delay seeking it, because of anything shown in the Service.

5.5. Your records are only as good as what you enter. Passport content is entered by you. You are responsible for its accuracy and completeness and for keeping it current (for example after a device replacement or a change in your conditions or allergies). We do not check your entries against clinical records, and we cannot detect that an entry is wrong or out of date.

5.6. Emergency responders must use their own professional judgement. Information shown on the public emergency page or the card may be incomplete, outdated, or inaccurate. It is offered as context, not as a source of clinical truth, and it must never override a responder's or clinician's own assessment, protocols, or judgement.

5.7. NeuraVate is not an emergency service and does not replace one. The Service does not summon help, does not detect emergencies, and does not connect you to emergency responders. In an emergency, call your local emergency number (for example 000, 112, 999, or 911) immediately.

5.8. Availability is not guaranteed for life-critical reliance. We run the Service on a best-efforts basis. We do not offer an uptime guarantee or service-level agreement, and the Service (including the public emergency page) may be unavailable at any time — because of maintenance, failures, network conditions, or events outside our control — possibly at the moment it is needed most. Do not rely on the Service as your only source of emergency information. Keep the printed card with you, keep the implant identification card issued by your device manufacturer, and make sure the people close to you know your critical information directly.

6.1. Your account is protected by a password you choose. Keep it confidential, and do not reuse a password you use elsewhere.

6.2. You are responsible for activity under your account. Tell us promptly at [email protected] if you believe your account has been compromised.

6.3. Your emergency link is under your control. You decide whether sharing is on, whom you give the card or link to, and when to replace the link. Replacing the link, or switching sharing off, immediately stops the old link, every QR code that carries it, and every printed card that carries it from showing your information.

6.4. If you lose a card or a phone that shows your QR code, replace the link in the app. Until you do, anyone who finds the card or code can view the limited emergency subset it points to.

6.5. We may suspend an account or switch off its emergency link where reasonably necessary to protect the Service or its users (see section 16).

7.1. You own your content. Everything you enter into your passport remains yours. These Terms transfer no ownership to us.

7.2. Licence to run the Service. So that we can provide the Service, you give us a limited, worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, back up, and display your content only to operate, secure, and improve the Service and to comply with law. This licence ends when your content is deleted from the Service, subject to the retention rules in our Privacy Policy (privacy-policy).

7.3. The licence includes emergency display — understand what that means. When you switch on sharing and create a link, you instruct us to show the limited emergency subset of your passport to anyone who scans your QR code or opens the link, without login and without our checking who they are. Sharing the card or link — deliberately or by accident — means whoever holds it can see that subset until you replace the link or switch sharing off. We cannot control who scans a code once it is out of your hands; the controls in section 6 are your remedy.

7.4. You promise that you have the right to enter the content you enter and that it does not infringe anyone's rights.

You agree that you will not:

• (a) use the Service for any unlawful purpose or in breach of these Terms;
• (b) access, scrape, harvest, enumerate, guess, or attempt to discover emergency links or pages other than one lawfully shared with you;
• (c) use a public emergency page, or the information on it, for any purpose other than a genuine emergency or the care of the person concerned;
• (d) impersonate anyone, misrepresent your affiliation, or create an account for someone else;
• (e) interfere with or disrupt the Service, probe or test its vulnerability without our written permission, or get around authentication or access controls;
• (f) introduce malware, or automated traffic that degrades the Service;
• (g) reverse engineer, decompile, or disassemble the Service, except to the extent a law that applies to you allows it despite this restriction;
• (h) resell, sublicense, or provide the Service to others as a service bureau without our written agreement.

We may investigate breaches and act under section 16.

9.1. How we handle personal information — including the health information you choose to record — is described in our Privacy Policy (privacy-policy), our Consumer Health Data Privacy Policy (consumer-health-data-privacy-policy, for residents of certain US states), and our Cookie Policy (cookie-policy). Please read them.

9.2. You acknowledge the Privacy Policy in the same box in which you accept these Terms. Your consent to processing your health information is asked for separately, in its own box (section 2.3). Accepting these Terms is not consent to processing your health information, and we never bundle the two into one box.

10.1. The emergency features are free (sections 4.3 and 4.4). You never need to buy anything to create, keep, share, or print your passport.

10.2. The printed card (optional). We sell a durable printed emergency card that carries the QR code for your emergency link. You buy it on a payment page hosted by our payment processor, Stripe. The price and the currency are shown on that page before you pay, and the price shown is the price you pay. For Australian buyers, that price includes GST. Stripe collects your payment details and shipping address. When you order from the app, the order carries your account ID and we print the card with your emergency link as it is when we make it; when you order from our website, you give us the link the card should carry. We make and post the card by hand. The card carries the same link as your digital card: if you replace the link or switch sharing off (section 6.3), the printed card stops working too.

10.3. Payments are processed by Stripe. We never see or store your full card number. Stripe processes card payments under its own terms and privacy policy and acts as an independent controller for its own payment processing (section 13.1).

10.4. Other paid products or features. We may offer other paid products or features in future. Before you can buy one, we will publish its price, exactly what it includes, and — if it renews — how renewal and cancellation work, and we will update these Terms where needed. Section 4.4 will still apply: the emergency features stay free.

10.5. Organisations. A clinic or other organisation may buy cards for its patients under a separate written agreement or invoice. That does not change these Terms for the patient.

10.6. Refunds and cancellations are governed by our Refund & Cancellation Policy (refund-cancellation-policy), which forms part of these Terms for every purchase.

11.1. Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Our services also come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms limits those rights.

11.2. 14-day money-back guarantee on your first purchase. Separately from, and without limiting, your statutory rights, every customer worldwide can ask for a full refund of their first purchase from us within 14 days of paying. You do not need to give a reason. Where both this promise and a statutory right apply, we honour whichever is more favourable to you.

11.3. Other countries. If you are a consumer elsewhere — for example in the European Union, the European Economic Area, or the United Kingdom — the mandatory consumer rights of the country where you live also apply (section 19.2), including any statutory right to cancel a purchase that applies to it.

11.4. How to ask. Email [email protected]. The Refund & Cancellation Policy explains timing and how refunds are paid.

12.1. The Service — including its software, design, text we write, and trademarks — is owned by us or our licensors and is protected by intellectual-property laws. We give you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your personal, non-commercial use under these Terms. No other rights are granted.

12.2. Your content is yours (section 7); this section covers our materials, not your records.

12.3. If you send us feedback, suggestions, or ideas about the Service, you give us a perpetual, irrevocable, royalty-free licence to use them without restriction or payment. Feedback never includes your passport content.

13.1. Stripe. Payments to us are processed by Stripe, which acts as an independent controller of the payment information it processes and applies its own terms and privacy policy to anyone who uses its payment pages. We do not receive or store full card details.

13.2. Other providers — our hosting (Hetzner), network and security (Cloudflare), email delivery (Resend), email hosting and mailbox (Migadu), and backup storage (Backblaze) providers — process information for us as described in the Privacy Policy (privacy-policy) and our subprocessor register (subprocessor-register). A postal or courier service delivers a printed card.

13.3. We are not responsible for third-party websites or services you reach through links in the Service; their own terms apply.

13.4. Apple's App Store and Google Play. If you get the NeuraVate.ai app from Apple's App Store, your licence to use the app itself is Apple's standard Licensed Application End User License Agreement (the "Standard EULA"), under which we, not Apple, grant it to you; if you get it from Google Play, you receive the licence to use the app that Google Play's terms and our agreement with Google provide. These Terms govern your account and the Service you reach through the app. The Standard EULA says that it also governs services reached from the app: between you and us, where it and these Terms differ about the Service, these Terms prevail, and nothing in them takes away a right the Standard EULA gives you to use the app itself. Apple and Google are not parties to these Terms and are not responsible for the Service or for supporting it: questions, complaints and claims about the app come to us (section 21).

14.1. We may add, change, or remove features of the Service. We will not remove the emergency features in section 4.4 or put them behind a payment; that commitment is permanent.

14.2. If a change materially reduces something you have paid for, you may cancel it, and any statutory remedy available to you still applies.

15.1. We may revise these Terms. Each revision gets a new version number under the slug terms-of-service.

15.2. Material changes (for example changes affecting your rights, prices, or how your information may be used) take effect only after we notify you by email and present the new version for your explicit re-acceptance in the app; the acceptance is recorded on our servers. Non-material changes (typos, formatting, contact details) may take effect on publication with a version-date change only.

15.3. The public emergency page is never blocked by a re-acceptance prompt — it needs no login and keeps working whatever the account holder's acceptance state.

15.4. If you do not agree to a revised version, stop using the Service and, if you wish, ask us to delete your account under section 16.

16.1. By you. You may stop using the Service at any time. You can delete your account yourself: on our website, sign in, open Account and choose Delete your account, or, in a version of the NeuraVate.ai app that offers it, Profile, then Delete account (a version that does not offer it shows how to ask by email instead). You sign in again and type DELETE to confirm, and at once you can no longer sign in. Or email [email protected] from the email address on your account, which always works; we confirm an emailed request with you at the email address stored on your account (never at a different address a request comes from). Either way, we then delete the account and its information by hand within 30 days (within 45 days for consumer health data covered by Washington law), as the Privacy Policy (privacy-policy, section 12.3) describes, and we write to you when it is done. Deleting your account switches off your emergency link: every QR code, link and printed card of your emergency card stops working, at once if you delete your account yourself, and otherwise when we delete it. Make other arrangements for your emergency information before you ask.

16.2. By us. We may suspend or close your account if you materially breach these Terms (including the acceptable-use rules in section 8), if the law requires it, or if suspension is reasonably necessary to protect the Service or its users. Where reasonable, we will tell you first and give you a chance to fix the problem; for serious abuse (for example guessing emergency links or attacking the Service) we may suspend immediately.

16.3. Information after your account ends. Your information is then handled under the Privacy Policy (privacy-policy, section 12.3) and our retention schedule (retention-schedule). A few records we must or may keep — the record of which versions of our documents you accepted, the history of your consent choices, access and security records (including the record of each time your emergency page was opened), and payment records required by tax law — are kept under a pseudonym for the 7-year periods Privacy Policy section 12.3 states, and a note that your account was deleted is kept without a time limit so that nothing can recreate your information. We do not keep your passport content after deletion. Our database backups are encrypted, and each backup is kept for 30 days and then deleted automatically, so a copy made before your deletion is deleted with the backup that holds it. We never restore a deleted account from a backup: if we ever have to restore one to recover from a failure, we first re-apply every deletion made since that backup was taken, before the Service is used again.

16.4. Sections that by their nature should survive the end of these Terms (including 5, 7.3 as to past display, 11, 12, 17, 18, 19, and 20) survive.

17.1. Except as expressly stated in these Terms, the Service is provided "as is" and "as available", and — to the extent permitted by the law that applies to you — we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Section 5.8 applies to availability.

17.2. Nothing in this section limits your statutory rights. If you are a consumer, you have non-excludable statutory guarantees — under the Australian Consumer Law (section 11.1) and, where they apply to you, for example the UK Consumer Rights Act 2015 or the consumer laws of an EU member state. Where those apply, they prevail over this section.

18.1. What we do not exclude. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct, where the applicable law does not permit its exclusion; or (d) any other liability that cannot be excluded or limited under the law that applies to you, including your rights under the Australian Consumer Law and other mandatory consumer laws.

18.2. Consumers. If you are a consumer, we are liable for loss or damage you suffer that is a reasonably foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not liable for loss that was not reasonably foreseeable when the contract was formed, or for loss caused by your breach of these Terms — including loss resulting from inaccurate or outdated information you entered (section 5.5) or from your sharing of a card or link that you did not replace (section 7.3).

18.3. Cap. Subject to sections 18.1 and 18.2, our total liability to you arising out of or relating to the Service in any 12-month period is limited to the greater of (a) the amounts you paid us in the 12 months before the event giving rise to liability, and (b) USD 100 (or its equivalent in your currency).

18.4. Subject to section 18.1, we are not liable for indirect or consequential loss, loss of profits, or loss of data to the extent such an exclusion is permitted for consumers under the law that applies to you.

19.1. These Terms are governed by the laws in force in New South Wales, Australia, and the courts of New South Wales (and of the Commonwealth of Australia) have non-exclusive jurisdiction, subject always to section 19.2.

19.2. Consumer carve-out. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory laws of the country (or state) where you live, and you may bring proceedings in its courts. In particular, the non-excludable guarantees of the Australian Consumer Law apply to you as section 11.1 says. Nothing in this section limits any right you have to use a consumer-protection body, an ombudsman, or an alternative dispute-resolution scheme.

19.3. No arbitration clause. These Terms contain no mandatory-arbitration clause and no class-action waiver.

20.1. Severability. If any provision of these Terms is held invalid or unenforceable, the rest stays in effect, and the invalid provision is replaced by a valid one that comes closest to its intent.

20.2. Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or to a successor in a merger, acquisition, or sale of assets, provided the assignee honors your rights under these Terms and the Privacy Policy.

20.3. Entire agreement. These Terms, together with the documents they refer to by slug (the Privacy Policy, Consumer Health Data Privacy Policy, Cookie Policy, and Refund & Cancellation Policy), are the entire agreement between you and us about the Service. This clause does not exclude liability for fraudulent statements.

20.4. No waiver. Our failure to enforce a provision is not a waiver of it.

20.5. Language. If we provide translations of these Terms, the English-language version controls to the extent permitted by applicable law.

Operator: PairOx Pty Ltd (ABN 82 154 477 728, ACN 154 477 728) (section 1.1) Registered address: 4 Lorikeet Street, Glenwood NSW 2768, Australia Telephone: +61 402 614 311 Orders, refunds and support: [email protected] Privacy and account deletion: [email protected] Legal notices: [email protected] Website: neuravate.ai

Related documents: privacy-policy (Privacy Policy) · consumer-health-data-privacy-policy (Consumer Health Data Privacy Policy) · cookie-policy (Cookie Policy) · refund-cancellation-policy (Refund & Cancellation Policy) · accessibility-statement (Accessibility Statement).