Terms of Service – Illusio

1. Eligibility

You must be at least 18 years of age to access or use this app.

Users under 18 years of age are prohibited from using the app.

By creating an account or using the app, you confirm that you meet the minimum age requirement.

2. Subscriptions and Payments

All subscription purchases are processed through the Apple App Store or Google Play Store.

Any cancellation or refund requests must be submitted via the App Store in accordance with its policies.

Subscription pricing and features may change. You may cancel at any time if you do not agree to the changes.

Lifetime subscriptions grant access to current features but do not guarantee access to future features.

Any discretionary refunds or adjustments will be made in accordance with your rights under the Australian Consumer Law (ACL).

3. Australian Consumer Law (ACL)

Under Australian Consumer Law, consumers have certain guarantees relating to goods and services, including digital products.

If you access this app as a consumer, the app must:

• be of acceptable quality,
• be fit for the stated purpose, and
• match descriptions and representations we make.

If the app fails to meet these consumer guarantees, you may be entitled to a remedy including repair, replacement, or refund, as determined at our discretion, subject to your rights under the ACL.

Nothing in these terms limits any rights that cannot be excluded under Australian law or other mandatory laws.

4. Intellectual Property

All content in the app, including text, audio, video, graphics, and software, is owned by Illusio or its licensors.

You may only use the app for personal, non-commercial purposes.

You may not copy, distribute, modify, reverse-engineer, or create derivative works without prior written permission.

5. Medical, Mental Health, and Safety Disclaimer

5.1 Professional Advice

Before using this app, you should always consult a qualified doctor or mental health professional if you have any medical or psychological concerns.

5.2 Informational Purposes Only

Content is provided for general information and wellness purposes. The app does not provide medical, psychological, or mental health advice, diagnosis, or treatment.

5.3 Not a Substitute for Professional Care

The content is not a substitute for professional care. Always follow the advice of your medical or mental health professional.

5.4 Emergency Instructions

5.5 User Responsibility

You acknowledge that use of the app and reliance on its content is at your own risk. To the extent permitted by law, Illusio is not liable for any perceived health outcomes that may arise from using the app.

5.6 No Therapeutic Relationship

Using the app does not create a doctor-patient, therapist-client, or any other professional relationship between you and Illusio. You are solely responsible for any decisions or actions you take after using the app.

6. Safety Warning

7. Limitation of Liability

To the extent permitted by law:

• The app and all content are provided "as is" and "as available" without any warranties.
• Illusio is not liable for indirect, incidental, special, exemplary, or consequential damages, including lost profits, data, goodwill, or business opportunities.
• Illusio's total liability is limited to the total amount you paid to Illusio in the twelve months prior to the claim.
• Nothing limits any liability that cannot be excluded under Australian law or mandatory EU consumer protection regulations.

8. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Illusio from any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of the app,
• Your violation of these terms, or
• Your violation of any laws or rights of third parties.

Illusio may assume exclusive control of the defense and settlement of any claim. This clause survives termination of the agreement.

9. Termination

We may suspend or terminate your access if you breach these terms or applicable law.

Termination does not affect any obligations or rights that survive termination, including intellectual property, liability, and indemnification.

10. Governing Law

These terms are governed by the laws of Australia, regardless of conflict of law principles.

11. Changes to Terms

We may update these terms from time to time.

Continued use of the app constitutes acceptance of the updated terms.

Significant changes affecting your subscription entitle you to cancel.

12. Privacy

For information on how your data is collected, used, and protected, please see our Privacy Policy.

13. Force Majeure

Illusio is not liable for delays or failures to perform due to circumstances beyond our reasonable control, including natural disasters, internet or hosting outages, government actions, regulatory changes, labor disputes, or disruptions by App Store platforms.

14. International Users Addendum – EEA, UK, Switzerland, and Other Countries

Scope: This addendum applies to all users outside Australia.

Governing Law: These terms are governed by Australian law, except to the extent that mandatory laws of your country of residence override.

Global International Users:

By using the app outside Australia, you acknowledge that certain legal remedies or guarantees may differ under local law.

Use of the app internationally is subject to these terms in addition to your local rights.

EEA, UK, and Swiss Users:

• Mandatory Consumer Rights: Nothing in these terms limits non-waivable rights under local law.
• Right of Withdrawal: You may be able to withdraw from a contract within the statutory period. By agreeing to the immediate delivery of digital content, you may lose this right.
• Digital Content Conformity: Remedies for non-conforming digital content or services are provided by law.
• Data Protection: Your personal data is protected under GDPR (EEA/UK) or FADP (Switzerland). See our Privacy Policy.

15. Dispute Resolution and Binding Arbitration

15.1 Negotiation:

Disputes should first be attempted to be resolved through written notice and negotiation over at least 30 days.

15.2 Mediation:

If negotiation fails, both parties agree to non-binding mediation via teleconference or an agreed procedure. Costs are shared equally.

15.3 Binding Individual Arbitration:

Unresolved disputes after mediation will be exclusively resolved by binding individual arbitration in Australia, conducted by a recognized institution (e.g., ACICA).

Arbitration is individual; class actions and consolidated claims are waived.

15.4 Injunctive Relief Exception:

Parties may seek judicial measures to protect intellectual property, confidential information, or other urgent matters.

15.5 EEA, UK, and Swiss Users:

Nothing in these terms or the arbitration agreement limits non-waivable statutory rights in EEA, UK, or Switzerland.

15.6 Severability:

If any part of these terms is invalid, the remainder remains in effect. Disputes that cannot be legally arbitrated will be heard individually in court.

16. Contact

Questions about these terms or the app:

Email: hello@illusio.app