Terms of Use

Who these terms are with

SickSense ("the app") is provided by Three Eyed Emu, based in Perth, Western Australia. By installing or using the app you agree to these terms. If you do not agree, please don't use the app.

What SickSense is

SickSense is a comfort tool. It reads your vehicle's motion through your mounted phone and gives the driver short cues about driving conditions that are commonly associated with passenger discomfort.

It is not a medical device, and it does not diagnose, treat, cure, or prevent any condition. It does not provide medical advice. Nothing the app says is a substitute for advice from a qualified health professional. If a passenger is unwell, use your own judgement and seek medical advice where appropriate.

You remain responsible for the vehicle

If you are driving, you are in control of the vehicle at all times and you remain solely responsible for it. SickSense's cues are informational only and must never take priority over road conditions, road rules, or your own judgement.

Set up your phone mount before you start driving. Do not interact with the screen while the vehicle is moving. You are responsible for using the app in a way that complies with the road rules that apply to you, including the laws in your state or territory about mobile phone use while driving.

Acceptable use

You agree not to:

• Use the app for any unlawful purpose, or in any way that endangers anyone.
• Reverse engineer, decompile, or attempt to extract the source code of the app, except to the extent that restriction is prohibited by law.
• Interfere with, overload, or attempt to gain unauthorised access to the app or the services behind it.
• Enter another person's details as a passenger profile without their knowledge, or without the consent of their parent or guardian where they are a child.

Your account and your data

You are responsible for keeping your account credentials secure and for activity that happens under your account. How we handle your data is set out in our Privacy Policy, and you can delete your account at any time via our account deletion page.

Beta software

SickSense is in active development. Features may change, break, or be removed, and the app may be unavailable from time to time. Alerts may be late, may not fire at all, or may fire when nothing is wrong. Do not rely on the app as your only source of information about how a passenger is feeling.

No warranty

To the maximum extent permitted by law, the app is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the app will be uninterrupted, error-free, or that its cues will be accurate or timely.

Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot be excluded or limited by agreement. Where our liability for a failure to comply with a consumer guarantee can be limited, our liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

Limitation of liability

Subject to the section above, and to the maximum extent permitted by law, Three Eyed Emu is not liable for any indirect, incidental, special, or consequential loss, or for any loss of profits, data, or goodwill, arising out of or in connection with your use of the app — however caused, and whether or not we were advised of the possibility of that loss.

Changes to these terms

We may update these terms as the app develops. When we do, the effective date at the top of this page will change, and material changes will be flagged in the app on your next launch. Continuing to use the app after a change means you accept the updated terms.

Governing law

These terms are governed by the laws of Western Australia, Australia. You and Three Eyed Emu submit to the non-exclusive jurisdiction of the courts of Western Australia.

Contact

Questions about these terms? Email sicksense@threeeyedemu.com.au.