Terms of Use

01 Acceptance & eligibility

By using the Service you confirm that you are at least 16 years old and able to form a binding contract, and that you will comply with these Terms and all applicable laws. If you use Poise on behalf of someone else, you confirm you are authorised to accept these Terms for them.

02 The Service

Poise uses the motion sensors in supported AirPods to estimate how much load your neck is under, and turns that into a single, glanceable score across your Mac and iPhone. With an account, your history and settings sync across your devices. The Service includes a free tier and an optional paid subscription, Poise Pro.

Poise requires compatible Apple hardware (supported AirPods and a supported Mac or iPhone). We may add, change, or remove features over time to improve the Service.

03 Health & medical disclaimer

Poise is a consumer wellbeing and measurement tool. It is not a medical device, and it does not provide medical advice, diagnosis, or treatment. Its scores are estimates derived from consumer sensors, not clinical measurements, and may be inaccurate. Do not use Poise as a substitute for professional medical advice.

Always seek the advice of a qualified health professional with any questions about a medical condition or before acting on anything the Service shows you — including any report you choose to share with a clinician. If you think you may have a medical emergency, contact your local emergency services immediately. You use Poise, and any information it produces, at your own discretion and risk.

04 Your licence

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to download and use Poise on Apple devices that you own or control, for your own personal, non-commercial use. This licence is further governed by the App Store terms described in section 11. All rights not expressly granted are reserved.

05 Accounts

Some features require an account, which you create using Sign in with Apple. You are responsible for maintaining the security of the Apple ID used to access Poise and for activity that occurs under your account. Please tell us promptly at support@poisefit.co if you believe your account has been compromised. You may delete your account at any time from Settings → Delete Account in the app.

06 Subscriptions, billing & renewal

Poise offers an optional auto-renewing subscription, Poise Pro, which unlocks additional features. Current prices, billing periods (such as monthly or annual), and any free trial or introductory offer are shown in the app before you confirm a purchase. Prices may vary by region and may change over time; any price change will apply only to future billing periods.

How billing works

• Payment is charged to your Apple ID at confirmation of purchase.
• Your subscription renews automatically at the then-current price for the same period unless you cancel it at least 24 hours before the end of the current period.
• Your Apple ID is charged for renewal within 24 hours before the end of the current period.
• If you are offered a free trial, any unused portion is forfeited when you purchase a subscription (where an offer includes such a term).
• You can manage or cancel your subscription, and turn off auto-renewal, in your Apple ID Subscriptions settings.

Because purchases are processed by Apple through the App Store, Apple's terms and payment policies also apply to your subscription.

07 Cancellation & refunds

You may cancel your subscription at any time through your Apple ID Subscriptions settings; cancellation takes effect at the end of the current billing period, and you keep Pro access until then. Purchases made through the App Store are subject to Apple's refund policies, and refund requests are handled by Apple. Nothing in this section limits any non-excludable rights you have under the Australian Consumer Law (see section 14).

08 Acceptable use

You agree not to:

• copy, modify, reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent this restriction is prohibited by law;
• rent, lease, sell, sublicense, or otherwise commercially exploit the Service;
• use the Service in any unlawful way, or to infringe anyone's rights;
• interfere with, disrupt, or attempt to gain unauthorised access to the Service, our systems, or other users' data; or
• use automated means to access the Service in a way that places an unreasonable load on our infrastructure.

09 Intellectual property

The Service, including its software, design, text, and branding, is owned by the operator and protected by intellectual property laws. These Terms grant you a licence to use the Service, not any ownership of it. The data you generate through the Service (such as your posture history) belongs to you; you grant us the limited rights needed to store, process, and display it to provide the Service, as described in our Privacy Policy.

10 Third-party services & hardware

Poise depends on third-party products and services — including Apple hardware and the App Store, and the sub-processors listed in our Privacy Policy. We are not responsible for third-party products or services, and your use of them is governed by their own terms. Poise requires compatible AirPods and a supported Mac or iPhone; we do not guarantee compatibility with every device or future operating system.

11 App Store & Apple terms

You obtain Poise through the Apple App Store, and the following applies to that licence:

• These Terms are between you and us only, not with Apple. Apple is not responsible for the Service or its content.
• Your licence to use Poise is a non-transferable licence to use it on any Apple-branded device you own or control, as permitted by the App Store Usage Rules in Apple's Media Services Terms and Conditions.
• Apple has no obligation to provide any maintenance or support for Poise.
• To the maximum extent permitted by law, Apple has no warranty obligation for Poise; if the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). Otherwise, any warranty claims are our responsibility, not Apple's.
• Apple is not responsible for addressing any claims relating to Poise, including product-liability, legal/regulatory, or intellectual-property claims.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and that you are not on any U.S. Government restricted-party list.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and may enforce them against you as they relate to your licence to use Poise.

12 Disclaimer of warranties

To the maximum extent permitted by law, and subject to section 14, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, secure, or that its scores or estimates will be accurate or suitable for any particular purpose.

13 Limitation of liability

To the maximum extent permitted by law, and subject to section 14, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or related to your use of (or inability to use) the Service. To the maximum extent permitted by law, our total aggregate liability arising out of or related to the Service will not exceed the greater of the amount you paid us for the Service in the twelve months before the claim, or AUD $100.

14 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

Where our liability for failing to comply with a consumer guarantee can be limited, our liability is limited — at our option — to re-supplying the service (or paying the cost of re-supply). The disclaimers and limitations in sections 12 and 13 apply only to the extent permitted by law and are subject to this section.

15 Indemnity

To the extent permitted by law, you agree to indemnify and hold us harmless from any claims, losses, and reasonable expenses arising out of your misuse of the Service, your breach of these Terms, or your violation of any law or the rights of a third party.

16 Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you materially breach these Terms or misuse the Service, or where required by law. On termination, the licence granted to you ends; sections that by their nature should survive (such as intellectual property, disclaimers, liability, and governing law) will continue to apply. Deleting your account is governed by our Privacy Policy.

17 Changes

We may update these Terms as the Service evolves or the law changes. When we do, we will revise the "Last updated" date above, and for material changes we will give more prominent notice. Your continued use of the Service after an update means you accept the revised Terms.

18 Governing law

These Terms are governed by the laws of Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Australia. If you are a consumer in another country, you may also have the benefit of mandatory protections under the law of your country of residence, which these Terms do not override.