Sublime Pulse Terms of Use

These Terms of Use apply to Sublime Pulse, a private, invitation-only wellbeing check-in service operated by Sublime Studio Co Pty Ltd (ABN 38 690 513 181), which operates Sublime Studio.

In these terms, "Sublime Studio", "we", "us" and "our" refer to Sublime Studio Co Pty Ltd. "Pulse" means the Sublime Pulse application and related digital services. By accessing or using Pulse, you agree to these terms. If you do not agree, do not use Pulse.

1. What Pulse does

Pulse helps members and their practitioners stay connected between sessions. Depending on your role, it may support invitations, wellbeing check-ins, session scheduling, review and release of results, commitments and limited follow-up communications.

Pulse is designed to support the services provided by Sublime Studio and its practitioners. It is not a social network or a general self-service wellbeing application.

2. Pulse is not an emergency or diagnostic service

Pulse is not an emergency, crisis, diagnostic or medical treatment service. It is not monitored continuously.

Scores, ratings, check-ins and other information shown through Pulse are intended to support reflection and conversation with a practitioner. They are not a diagnosis, clinical assessment or substitute for professional medical or mental health advice.

Do not use Pulse for urgent help. If you or another person may be in immediate danger, call 000 in Australia or contact the appropriate emergency service in your location. For urgent mental health support in Australia, contact Lifeline on 13 11 14 or another suitable crisis service.

Your coaching, psychological or other professional relationship with Sublime Studio or a practitioner may also be governed by a separate service agreement, informed consent or professional terms. Those documents continue to apply.

3. Invitations, accounts and roles

Pulse is invitation-only. You may only use an account or invitation intended for you.

You must:

• provide accurate information;
• keep your login details secure;
• not share your account or invitation link;
• tell us promptly if you suspect unauthorised access; and
• use Pulse only within the permissions of your assigned role.

Members may access their own information and released results. Practitioners may access information for members in their authorised caseload. Administrators may manage operational functions only within their authorised access.

You are responsible for activity carried out through your account unless the activity resulted from something within our reasonable control.

4. Google Calendar connection

An authorised practitioner or user may choose to connect a Google account to Pulse. The connection gives Pulse read-only access to the calendar list and event information needed to identify and maintain relevant sessions.

Pulse does not create, edit or delete Google Calendar events. You may disconnect Google Calendar through Pulse, where that option is available, or through your Google Account.

Your use of Google services is also subject to Google's applicable terms and policies.

5. Acceptable use

You must not:

• use Pulse unlawfully or in a way that harms another person;
• access or attempt to access another person's account, caseload or information without authority;
• impersonate another person or misrepresent your role;
• copy, scrape, extract or monitor information except as permitted through Pulse and your role;
• introduce malware or interfere with the security, availability or operation of Pulse;
• bypass access controls or attempt to discover credentials or vulnerabilities;
• use Pulse to send unsolicited, deceptive or harmful communications;
• upload or submit content you do not have the right to use; or
• use Pulse to make automated decisions about a person that are inconsistent with the service's intended wellbeing and practitioner-support purpose.

6. Information and content you provide

You retain any rights you have in information or content you provide through Pulse.

You give us permission to host, process, reproduce and display that information only as reasonably necessary to operate, secure and improve Pulse, provide the relevant Sublime Studio service, meet our legal and professional obligations, and exercise our rights under these terms.

You are responsible for ensuring information you provide is accurate where accuracy matters, and that you have authority to provide information about another person. How we handle personal information is explained in the Sublime Pulse Privacy Policy.

7. Our intellectual property

Pulse, including its software, design, branding, written material and other content supplied by us, is owned by or licensed to Sublime Studio and is protected by intellectual property laws.

We give you a limited, personal, non-exclusive, non-transferable and revocable right to use Pulse for its intended purpose while you have an active, authorised account.

You must not reproduce, modify, distribute, sell, license, reverse engineer or create derivative works from Pulse except to the extent permitted by law or with our written permission.

8. Service communications

Pulse may send communications needed to operate the service, such as invitations, check-in links, released results, account or security notices and a permitted follow-up connected with a session or commitment.

These operational communications are different from marketing communications. Where marketing consent is required, we will seek it separately.

9. Third-party services

Pulse relies on third-party services for functions such as hosting, authentication, email delivery and Google Calendar connectivity. Those services may be subject to their own terms and privacy policies.

We are not responsible for a third-party service to the extent an issue is outside our reasonable control, but this does not limit any responsibility that cannot lawfully be excluded.

10. Availability and changes

We aim to keep Pulse reliable and available, but we do not promise uninterrupted or error-free access. Pulse may occasionally be unavailable because of maintenance, upgrades, security work, provider outages or events outside our reasonable control.

We may change Pulse to improve it, maintain security, comply with law or adjust its functionality. We will give reasonable notice when a material change adversely affects active users, where practicable.

11. Suspension and termination

We may suspend or restrict access where reasonably necessary to: protect a person, Pulse or its information;

• investigate suspected misuse or a security issue;
• comply with law or a professional obligation;
• address a breach of these terms; or
• manage the end of the relevant Sublime Studio service or practitioner relationship.

You may stop using Pulse at any time. You may also request account deletion, subject to information we are permitted or required to retain.

Sections that by their nature should continue after access ends, including privacy, intellectual property, responsibility and liability provisions, will continue to apply.

12. Responsibility and liability

Nothing in these terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.

To the maximum extent permitted by law: Pulse is provided on an "as available" basis;

• we do not guarantee that Pulse will meet every individual need or produce a particular wellbeing, professional or business outcome; and
• we are not liable for indirect or consequential loss that was not reasonably foreseeable, or for loss caused by unauthorised use, inaccurate information supplied by a user, a third-party service, or an event outside our reasonable control.

You remain responsible for your own decisions and actions. Practitioners remain responsible for exercising their professional judgement and meeting their professional obligations.

13. Privacy

Our collection and handling of personal information through Pulse is governed by the Sublime Pulse Privacy Policy. By using Pulse, you acknowledge that you have had the opportunity to read that policy. Where separate consent is required for sensitive information or a particular feature, agreeing to these terms does not replace that consent.

14. Changes to these terms

We may update these terms when Pulse, our practices or legal requirements change. We will publish the updated terms and revise the effective date. If a change materially affects your rights or use of Pulse, we will provide reasonable notice and seek renewed acceptance where required.

15. Governing law

These terms are governed by the laws of Victoria, Australia. The courts of Victoria and courts entitled to hear appeals from them have non-exclusive jurisdiction, subject to any rights you have under applicable consumer law.

16. General terms

If part of these terms is found to be invalid or unenforceable, the remaining parts continue to apply.

A delay in exercising a right does not waive that right. You may not transfer your rights under these terms without our written permission. We may transfer our rights or obligations as part of a genuine restructure, sale or transfer of Pulse, provided this does not reduce protections that must apply to your personal information.

17. Contact us

Questions about these terms or Pulse can be sent to:

Sublime Studio Co Pty Ltd ABN 38 690 513 181 Email: hello@sublimestudio.com.au Victoria, Australia