Overview
In these Terms of Service, "MyGutful", "we", "us", and "our" refer to the team operating the MyGutful website, app, and related services.
These Terms form a legally binding agreement between you and MyGutful for your use of the MyGutful website, waitlist, mobile app, and related content or services we make available from time to time (together, the "Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, you must not use the Service.
Service Description
MyGutful is designed to help people build plant diversity habits, track food intake and simple wellbeing signals, and access educational content about gut health. Some features may be limited, experimental, invite-only, or not yet available.
References on the website to future features, early access, premium offerings, or integrations are descriptive only unless we clearly present them to you as available at the time you use or purchase them.
Acceptable Use
You agree to use MyGutful lawfully and in line with these Terms. This includes not:
- misusing, disrupting, probing, or interfering with the Service or its infrastructure;
- copying, scraping, reverse engineering, or reselling the Service except where applicable law allows it;
- uploading or submitting content that is unlawful, harmful, misleading, or infringes another person's rights; or
- using MyGutful in a way that could harm other users, us, or the integrity of the Service.
Accounts and Registration
Some parts of MyGutful may require you to create an account, provide contact details, or join a waitlist. You must provide accurate and complete information and keep any login details or access credentials confidential.
You are responsible for activity that occurs through your account unless and until you notify us of unauthorised use. If you believe your account or access credentials have been compromised, contact us promptly.
Fees and Payment
Access to MyGutful may be free in some cases, and we may introduce paid or premium features later. If fees apply, we will present the relevant price and billing terms before you commit to the purchase.
If you choose a paid feature, you agree to pay the applicable fees when due. We may suspend or limit paid access if payment is overdue.
Taxes
You are responsible for any taxes, duties, or similar governmental charges arising from your purchase or use of paid parts of the Service, excluding taxes on our net income. Where the law requires us to collect or remit taxes, we may invoice those amounts to you unless you provide a valid exemption recognised by the relevant authority.
Health and Medical Disclaimer
MyGutful provides general educational information and self-tracking tools. It does not provide medical advice, diagnosis, or treatment, and it is not a substitute for care from a qualified health professional.
We do not promise that using MyGutful will achieve any particular health outcome. If you have symptoms, a diagnosed condition, or concerns about changes to your digestion, diet, or wellbeing, seek professional medical advice before relying on the Service.
User Data and Content
You are responsible for the information, logs, notes, messages, or other content you submit through MyGutful, including making sure you have the right to provide it and that your use of the Service complies with applicable law.
You retain ownership of your content, but you grant us a non-exclusive licence to host, use, process, store, reproduce, and display it as reasonably necessary to operate, maintain, secure, and improve the Service. Where sync, cloud, export, or backup features are offered, they may change or be unavailable, so you should keep your own copies of anything important.
Intellectual Property
The Service and its content, features, branding, software, text, graphics, images, and other materials are owned by us or our licensors and are protected by intellectual property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you.
You must not reproduce, adapt, distribute, sell, sublicense, or otherwise exploit any part of the Service for commercial purposes without our prior written permission.
Confidentiality and Early Access
If we give you access to a beta build, early-access feature, invite-only material, or other non-public information about MyGutful, you must keep that information confidential and only use it as permitted by us.
This obligation does not apply to information that becomes public through no fault of yours or that you must disclose under law.
Warranty Disclaimer
The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all express or implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that the Service will be uninterrupted, error-free, secure, or available at all times, or that any content in the Service is complete, current, or suitable for your circumstances.
Nothing in these Terms excludes rights or guarantees that cannot be excluded under Australian Consumer Law or other applicable law.
Limitation of Liability
To the maximum extent permitted by law, our total liability to you for any claim arising from or related to the Service or these Terms, whether in contract, tort, or otherwise, will not exceed the amounts actually paid by you for the Service in the twelve (12) months before the claim arose.
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive loss, or for loss of profits, revenue, goodwill, opportunity, data, or use.
Nothing in these Terms limits liability that cannot legally be limited or excluded.
Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, agents, licensors, and suppliers from and against claims, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable legal fees) arising from your unlawful use of the Service, your content, or your breach of these Terms, except to the extent caused by our own negligence, fraud, or wilful misconduct.
Termination
You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, if required by law, to protect users or the Service, or if we discontinue some or all of MyGutful.
On termination, your right to use the affected parts of the Service ends immediately. We may delete or de-identify associated data in line with our systems, legal obligations, and our privacy practices.
Changes to Terms and Service
We may update these Terms from time to time by posting the revised version on this page. The updated Terms take effect when posted unless we state otherwise.
We may also modify, suspend, or discontinue any part of MyGutful at any time.
General
If we do not exercise or enforce a right under these Terms, that does not waive the right. If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
These Terms are governed by the laws of New South Wales, Australia.
Any dispute arising from or related to these Terms or the Service will be resolved through arbitration in Sydney, New South Wales, Australia in accordance with the rules of the Australian Centre for International Commercial Arbitration, except where applicable law allows a party to seek relief in a court or tribunal with proper jurisdiction.
These Terms constitute the entire agreement between you and us regarding your use of the Service and supersede prior discussions or agreements about that subject matter. Headings are for convenience only and have no legal effect.
Contact Information
If you have questions or concerns about these Terms, please use the contact details published on the MyGutful contact page.