Terms of Use
1. Introduction and Interpretation
1.1 This document applies to the Services provided by Nemvist Pty Ltd (ABN 44 701 765 344), Victoria, Australia ("Foleil", "Nemvist", "we", "us" or "our"). "You" and "your" mean the individual accessing or using the Services.
1.2 "Services" means the Foleil iPhone and Apple Watch applications, widgets, controls, Live Activities, Messages and share extensions, website and connected account, artificial intelligence, usage-counting, product-library and content services, including the Sprout companion. "App" means the relevant Foleil application.
1.3 "Personal Information" means information or an opinion about an identified individual, or an individual who is reasonably identifiable, including Health Information. "Health Information" means Personal Information concerning an individual's physical or mental health, health services or related health circumstances, including information derived from those records, to the extent protected by applicable law. "User Content" means records, information, images and other material you submit or save through the Services.
1.4 "Privacy Policy" means the policy at https://foleil.app/privacy, including Foleil's Data Retention Policy and Foleil's Data Use Policy. "Terms" means the Terms of Use at https://foleil.app/terms. References to applicable law include mandatory consumer and privacy protections that apply to the relevant individual and processing.
1.5 These Terms govern the provision and use of the Services. They operate alongside Apple's standard application licence as described in clause 11. The Privacy Policy describes our handling of Personal Information; neither its inclusion by reference nor acceptance of these Terms replaces any separate consent required for sensitive information, AI or device access. If a provision concerns consumer rights, it must be read subject to clause 3.
2. Acceptance, Eligibility and Registration
2.1 You accept these Terms by selecting the required Terms of Use agreement presented during account setup and continuing. For an existing account, these Terms apply upon presentation and your affirmative agreement. Publication alone does not constitute acceptance on behalf of an existing user, retrospectively vary an earlier purchase or remove accrued rights.
2.2 You must be at least 18 years old and legally capable of entering this agreement. The Services are provided for your individual use. You must use your own account and provide registration information that is accurate to the best of your knowledge. You must not impersonate another person, share account access or access records without authority.
2.3 You are responsible for taking reasonable steps to secure your devices and sign-in methods. Contact info@nemvist.com if you reasonably suspect unauthorised access. This clause does not make you responsible for every unauthorised act regardless of its cause, or exclude our security obligations under applicable law.
2.4 A required device or age assessment may prevent activation or upload until resolved. Feature availability may also depend on supported software, country, permissions and the access purchased or otherwise provided. A storefront setting does not conclusively determine residence or the law applicable to you.
3. Mandatory Consumer Rights
3.1 Our goods and services come with guarantees and remedies under the Australian Consumer Law that cannot be excluded, restricted or modified by contract. These include, where applicable, acceptable quality, due care and skill, fitness for a disclosed purpose and statutory remedies for failure to satisfy a guarantee. Mandatory protections under the law of another jurisdiction may also apply.
3.2 Nothing in these Terms excludes, restricts or modifies a guarantee, condition, warranty, right, remedy or liability to the extent prohibited by applicable law. Every provision concerning service limitations, third parties, payments, suspension, termination or liability is subject to this clause.
3.3 The health and safety information in these Terms describes the intended use and limitations of the Services. It does not constitute a release for personal injury, a general indemnity in our favour or a waiver of non-excludable rights.
4. Services and Technical Requirements
4.1 Foleil provides fitness, nutrition and wellbeing recording and review features, including workout and food logging, plans, scores and estimates, reference content, reminders, device integrations and AI assistance. The features available to you depend on the App version, device, country, permissions and any subscription disclosed before purchase. We do not represent that every feature is available on every supported device or in every country.
4.2 You require compatible devices and software. Online functions require connectivity and may incur charges from your internet or mobile provider. Updates to operating systems, devices or third-party services may affect compatibility. Notifications, imports, synchronisation and background processing may be delayed or unavailable. Reasonable care and any statutory obligations remain governed by clause 3.
4.3 You should review information imported, generated, saved or shared through the Services, including food estimates and exercise targets, and keep relevant information current. Missing, outdated or incomplete records and permissions may affect displays and calculations. Account synchronisation is not a representation that every external record or historical sample has been imported.
4.4 Beta or preview versions may change and contain unfinished features. Access during testing does not guarantee that a feature will be included in a public release. AI and other online features may be subject to request limits disclosed in the App. These Terms do not create a paid overage charge or a right to unlimited requests. The current beta's paywall is disabled; clause 9 applies conditionally where paid access is offered.
5. Health, Exercise and Safety
5.1 The Services provide general wellness information and are not a substitute for medical advice, diagnosis or treatment. Sprout Age, scores, laboratory-range displays, nutrition estimates, cycle information and self-checks are informational tools or estimates. They do not establish your health status, diagnose a condition, determine treatment or provide a reliable method of contraception.
5.2 Obtain appropriate professional health advice concerning symptoms, medicines, treatment or a change in treatment. Consider your individual circumstances and fitness before following exercise or nutrition suggestions, including any injury, pregnancy or recovery after birth. Foleil does not assess whether exercise is medically safe for you. Stop an activity if you feel unwell or unsafe and seek appropriate assistance.
5.3 Check product packaging and ingredients for allergies and other dietary requirements. Food recognition, nutrient estimates and generated recipes do not constitute an allergen assessment or a guarantee that a product or meal is suitable for you.
5.4 Foleil is not an emergency service or a continuous monitoring service. Do not rely on scores, reminders, check-in functions or AI to identify an emergency or obtain help. Contact local emergency services directly when urgent assistance is required.
5.5 Source references and credits identify material used in the Services. They do not signify that a publisher has endorsed Foleil, that an estimate is clinically validated or that a particular health or fitness outcome will result.
6. Artificial Intelligence
6.1 Sprout's AI generates explanations, suggestions and estimates. Output may be inaccurate, incomplete, outdated or unsuitable for a particular purpose. Independently verify factual assertions before relying on them, particularly where an error could affect health or safety. Generated output is not a professional assessment or a guarantee of an outcome.
6.2 Cloud AI requires separate agreement. While enabled, requests may be initiated by you or generated automatically by eligible features described in the Privacy Policy. Turning AI off stops new cloud requests under the implemented controls; it does not retrospectively withdraw information already received by a provider. That information remains subject to the applicable provider arrangements described in the Privacy Policy.
6.3 Foleil calculates scores on-device; AI may generate wording and estimates or propose progression within implemented controls. The availability of local assistance or templates depends on the feature, settings and outcome of a request. No universal fallback, uninterrupted model access or particular answer is guaranteed.
6.4 You must not use AI to request unlawful or harmful content, infringe privacy or other rights, evade safety controls, or generate medical diagnosis or treatment instructions for another person to rely on. We may refuse a request or proportionately restrict AI access to protect users, comply with law or satisfy applicable provider requirements. A refusal does not necessarily establish that you have breached these Terms.
6.5 Generated material may resemble material supplied to others. Generation alone does not confer exclusive rights or an assurance of non-infringement. Use of output remains subject to applicable law and third-party rights. No provision in this clause enlarges the purposes for which we may process Health Information.
7. Account Management and Privacy
7.1 Foleil uses Sign in with Apple and permits a passkey to be added where supported. Account-supported records are stored on the account service and working devices as described in the Privacy Policy. Service-side encryption permits account processing; it is not a representation that Nemvist cannot read the records.
7.2 The Privacy Policy, including Foleil's Data Retention Policy and Foleil's Data Use Policy, describes Health Information, cloud AI, international handling, retention, access and choices. Account storage, the research choice, AI consent and system permissions have distinct purposes and controls. These Terms do not replace their required agreements or authorise unrelated research or advertising.
7.3 Contact info@nemvist.com to request access, correction or information about deletion, including if you cannot sign in or no longer subscribe. Appropriate identity checks apply. Statutory access and complaint rights are not conditional on purchasing a subscription or restoring an account.
7.4 Signing out, resetting local data, uninstalling the App, stopping Health storage and closing an account have different consequences. Account closure begins the applicable deletion or restricted-retention process; it is not immediate erasure of every copy. Lawfully retained records, provider recovery copies and external Health, Photos, backup, export and recipient copies are addressed in the Privacy Policy. Neither these Terms nor withdrawal of optional permission changes mandatory retention obligations.
8. Device Permissions and Third-Party Services
8.1 You control the Health and other device permissions you grant. Apple Health, Apple Watch, notifications, Maps, Weather, Music, photo libraries, email and other connected services have separate controls and applicable terms. Foleil uses them for the functions and purposes identified in the Privacy Policy.
8.2 Devices and third-party services may supply incomplete or delayed information. Revoking permission may disable a function without removing previously saved records. Corrections or deletion of external records must be managed through the relevant service, except where Foleil implements a specific request for its own saved copy.
8.3 Sharing and exporting disclose the selected content to your selected destination, which controls its received copy. You should review the destination and included content before sending. Foleil does not provide a public social feed or public-account discovery through these sharing functions.
8.4 Third-party links, reference material and food data are provided in connection with the Services. Their availability does not constitute endorsement of every statement or an assumption of control over the external service. We remain responsible for our own acts and obligations under applicable law.
9. Subscriptions, Payment and Cancellation
9.1 Purchase information. Where paid access is offered, the purchase screen identifies the plan, total price, currency, billing period, any eligible trial or offer, renewal terms and tax charged at checkout before you confirm payment. Prices and availability may vary by App Store country. Acceptance of these Terms is not purchase confirmation; Apple requires a separate payment confirmation.
9.2 Offers. A trial, discount, promotion or offer code applies only in accordance with the eligibility and conditions displayed and confirmed through Apple. No trial period, discount, lifetime entitlement or other offer arises merely from accepting these Terms. These Terms do not themselves set a subscription price or create a payment obligation.
9.3 Renewal and cancellation. Apple processes App Store purchases. An auto-renewing subscription renews for the disclosed period until cancelled through Apple's subscription settings. To avoid another charge, follow the deadline disclosed before purchase and in Apple's subscription information. Unless a refund, revocation or other applicable condition ends access earlier, cancellation of renewal leaves access for the period already paid for. Removing the App, signing out or deleting the Foleil account does not cancel an Apple subscription.
9.4 Changes. Price or plan changes apply prospectively through the notice and consent process required by Apple and applicable law. They do not alter a period already paid for or remove accrued remedies. Applicable renewal-notice requirements remain effective; this clause does not deem a website update sufficient notice in every jurisdiction.
9.5 Account entitlement. A purchase unlocks the Foleil account for which it was made and is available on supported iPhones signed in to that account. It is not transferred by signing into another Foleil account. Restore purchases and Manage subscription provide the available purchase controls. Family Sharing for Foleil subscriptions is not offered at launch.
9.6 Expiry and refunds. Expiry of paid access does not itself delete records; the Privacy Policy governs their retention. Applicable account and data-access rights remain available. App Store refund requests may be made through Apple's refund process. Contact info@nemvist.com about access, billing problems or a remedy Nemvist is required to provide. Apple's process is not the exclusive means of exercising a non-excludable right against us.
9.7 Mandatory remedies. Any applicable cancellation, cooling-off, digital-content withdrawal, refund or other consumer right remains available. Acceptance of these Terms alone does not waive such a right. There is no contractual short deadline in these Terms forfeiting a statutory billing or refund claim, and no general prohibition on exercising lawful payment-dispute rights.
10. User Content, Sharing and Feedback
10.1 You retain your existing rights in User Content. You grant us a limited, non-exclusive permission to store, reproduce and process it only to the extent necessary to provide the features you use, implement your choices and satisfy the obligations described in the Privacy Policy. That permission continues for lawfully retained copies only to the extent necessary for those stated purposes. It does not authorise sale of Personal Information, advertising uses of Health Information or unrelated exploitation of private records.
10.2 You must have the rights or authority needed to submit and share content. Obtain another person's permission where required for their information or image. These obligations apply to matters within your knowledge and control; they do not transfer our independent privacy or security duties to you.
10.3 Independent product facts contributed to the shared food library may remain after account deletion, as described in the Privacy Policy. This does not transfer ownership of your private food log or Health records to us.
10.4 You may voluntarily provide suggestions and feedback. We may use those suggestions to improve the Services without an obligation to adopt them or pay for them. Personal Information supplied in feedback remains subject to the Privacy Policy. Providing feedback does not grant a general licence to private records or waive privacy rights.
11. Intellectual Property and Application Licence
11.1 Subject to your rights in User Content and applicable third-party licences, Nemvist and its licensors retain rights in the software, design, branding, articles and supplied content. You may use that content for personal use of the Services. You must not sell it, republish substantial parts, remove required attribution or imply endorsement through the Foleil name without permission, except to the extent permitted by law or a separate licence.
11.2 Open-source and third-party content licences continue to apply. Relevant sources and credits appear in the App and Privacy Policy. These Terms do not replace those licences or purport to confer rights that we do not hold.
11.3 The App Store application licence is governed by Apple's standard Licensed Application End User License Agreement. These service Terms operate alongside that agreement and do not replace it or alter Apple's Usage Rules. The parties' responsibilities under each instrument remain subject to applicable law. Applicable export and trade restrictions, including those in that licence, must be observed.
12. Acceptable Use and Content Reports
12.1 You must use the Services lawfully. You must not:
- submit unlawful material, malware, fraudulent information or content infringing another person's rights;
- harass, threaten, exploit, discriminate against or deceive another person, disclose private information without authority, impersonate another person or use the Services to send spam;
- circumvent authentication, permissions, payment, request limits or safety controls, obtain unauthorised access or interfere with the Services;
- scrape private records, overload infrastructure or reverse engineer protected software except where permitted by applicable law or a relevant licence; or
- misrepresent generated content as verified professional advice or use the Services for prohibited harmful activity.
12.2 These restrictions do not prevent an activity that applicable law expressly permits, including a protected interoperability or security activity. They do not grant access to another person's records.
12.3 Report an alleged infringement, unlawful contribution or other content concern to info@nemvist.com with sufficient information to identify the material and explain the concern. We may assess the report and remove or restrict relevant material proportionately, subject to applicable law. Any legally required cooperation or disclosure remains limited by the Privacy Policy and applicable law; this clause does not create a public-forum moderation service.
13. Availability, Suspension and Termination
13.1 Features may be updated, interrupted or retired in response to device, platform, security, legal or product developments. A service change does not remove rights concerning a purchase, reasonable care or a consumer guarantee. Materially reduced paid access remains subject to applicable notice, cancellation and refund requirements.
13.2 We may proportionately restrict or terminate access where reasonably necessary in response to a serious or repeated breach of these Terms, unlawful activity, a security or safety risk or a legal requirement. Where circumstances permit, we may notify you of the reason and available resolution steps. Immediate action may be necessary to protect individuals, records or the Services. You may request review at info@nemvist.com; statutory review and complaint rights remain unaffected.
13.3 You may stop using the Services and manage future subscription renewal through Apple. Account closure is available at Settings › Account › Manage account › Delete account. Withdraw consent also initiates closure under the account controls. If the route is unavailable, contact info@nemvist.com. Account closure does not cancel an Apple subscription and does not remove lawful access to retained records.
13.4 On closure, active account access ends and records enter the deletion or restricted-retention process described in the Privacy Policy. Applicable legal holds, retained Health records and external copies are not immediately erased. Termination or suspension does not forfeit an accrued payment remedy or override clause 3.
14. Service Limitations and Liability
14.1 Subject to clause 3, we do not represent that a particular fitness, nutrition or health outcome will be achieved, that an estimate or AI answer will be error-free, or that access will be uninterrupted. Those limitations do not excuse a failure to exercise legally required care or comply with a consumer guarantee.
14.2 To the maximum extent permitted by applicable law, no warranty concerning a particular outcome or uninterrupted operation arises merely from a feature description, estimate, third-party link or generated suggestion. This provision does not exclude an express representation actually made by us, liability for misleading conduct or a statutory guarantee.
14.3 Responsibility for loss, including reasonably foreseeable consequential loss where recoverable, is determined by applicable law. Nothing in these Terms excludes or limits liability where prohibited by that law. We remain responsible for our own obligations, including handling of Personal Information. No third-party-service clause transfers that responsibility to you.
14.4 These Terms impose no general consumer indemnity, blanket personal-injury release or fixed monetary liability cap. They do not exclude any defence or limitation available under applicable law independently of these Terms.
15. Changes to these Terms
15.1 These terms are subject to change without notice. The latest version is always available at foleil.app.
15.2 Clause 15.1 is subject to any notice, agreement, cancellation, refund or other requirement imposed by applicable law. It does not authorise retrospective variation, removal of accrued rights or new processing of Personal Information without any permission required before that processing. The version and effective date identify the applicable text. Updated acceptance is required where applicable law requires it; publication alone does not rewrite an earlier acceptance record.
15.3 If you do not accept a change, you may stop using the Services, cancel future subscription renewal and exercise any applicable cancellation, refund, account or data-access right. Existing purchases and disputes remain governed by applicable law. A change to the Terms does not itself alter the App's functionality or the purposes for which Health Information may be used.
16. Governing Law and Dispute Resolution
16.1 These Terms are governed by the laws of Victoria, Australia, subject to mandatory protections applicable to you. A court or tribunal with lawful jurisdiction may hear a dispute. Nothing requires you to waive a local forum or regulator made available by law. These Terms do not impose private arbitration or a class-action or jury-trial waiver.
17. Notices and Contact
17.1 Contact info@nemvist.com about the Services, an account problem, a complaint or a rights concern. Provide sufficient information to explain the matter without sending passwords, private keys or other sign-in secrets. Nemvist is responsible for Foleil and its own service obligations. These Terms do not create support hours, a response guarantee or a service-level agreement.
17.2 The account contact supplied through Apple is used for relevant service, security and required notices as described in the Privacy Policy. An obligation to give notice by a legally required method remains effective. Where a regional purchase disclosure is supplied, it forms part of the relevant purchase information without expanding the countries in which paid access is offered.
17.3 Apple is not a party to these service Terms. Its separate licence, purchase terms and legal responsibilities continue to apply.
18. General Provisions
18.1 Entire agreement and survival. These Terms, the specific purchase information and separate agreements identified in them describe the relevant service agreement. They do not exclude responsibility for misleading representations or remedies provided by law. Provisions concerning accrued payments, lawful retention, intellectual property and unresolved rights or disputes survive account closure only to the extent necessary for those purposes.
18.2 Severability and waiver. An unenforceable provision applies only to the extent lawful or is severed where necessary; the remainder continues where capable of operation. Failure to enforce a provision on one occasion does not waive a subsequent lawful enforcement right.
18.3 Assignment. Any transfer of our service obligations must preserve your existing rights and comply with applicable privacy law. Assignment or a business transfer does not authorise sale of Health Information or enlargement of its permitted uses.
18.4 Events beyond reasonable control. External events may affect availability. Their effect on responsibility and remedies is determined by applicable law, including clause 3. This provision does not excuse failure to take legally required care.
18.5 Relationship and third parties. These Terms do not establish a partnership, employment, agency or professional-care relationship. Except where applicable law or the separately applicable Apple licence provides otherwise, these service Terms confer rights on the parties rather than unrelated third parties.