Legal
Terms of Service
The agreement behind ExecOS and our advisory work. It sets out what the service is, what you are agreeing to, the fees and term, and what happens to your data if you leave. Clause 4 is the one to read properly. This is a performance advisory, not a medical service.
Contents
- 01Parties and acceptance
- 02Definitions
- 03The service
- 04Not medical advice (important — please read carefully)
- 05Eligibility
- 06Client responsibilities
- 07Fees, payment and term
- 08Third-party connections
- 09Intellectual property
- 10Data handling and privacy
- 11Confidentiality
- 12Disclaimer of warranties
- 13Limitation of liability
- 14Indemnity
- 15Suspension
- 16Term, termination and what happens to your data
- 17Changes to these Terms
- 18Governing law and disputes
- 19Event and workshop services
- 20General
1. Parties and acceptance
These Terms form a binding agreement between Taylored Health and the individual or organisation (“you”, “the Client”) that subscribes to or uses ExecutiveOS (“ExecOS”). By signing an order form, paying an invoice, creating an account, or accessing the App, you accept these Terms. If you accept on behalf of an organisation, you confirm you have authority to bind it. These Terms work alongside our Privacy Policy and Client Consent Form, which are incorporated by reference. These Terms, the Privacy Policy, the Consent Form and any signed order form contain the whole agreement between the parties and supersede all prior representations and understandings. Where a signed order form conflicts with these Terms, the order form takes precedence for the matter in conflict.
2. Definitions
- App means the ExecOS software application and platform.
- Confidential Information means information that is not public knowledge and is obtained from the other party in connection with the Services. Ours includes our Intellectual Property, methodology, pricing and non-public materials; yours includes your Data.
- Data means all data, content and information (including personal and health information) that you provide to us or that we collect from sources you authorise, for the purpose of the Services.
- Fees means the fees for the Services set out in clause 7 or your order form.
- Intellectual Property Rights has its usual broad meaning: copyright, trade marks, designs, patents, database rights, know-how and all other rights resulting from intellectual activity, including any enhancement or derivative work.
- Services means the ExecOS advisory and coaching service, the App, and related services we provide, as described in clause 3.
- Start Date means the date you first accept these Terms.
3. The service
ExecOS is a premium executive-performance advisory and coaching service with App access. It may include: collection and analysis of the performance and health signals you choose to share (wearable data via Oura; CGM glucose via Abbott Libre; blood-test results; genetic data; self-reported health, mood and daily pulse; and calendar data via Google); advisory insights, directives, reporting and coaching; and App access for your subscription term. The service is advisory. We aim to help you improve performance, energy and resilience. We do not guarantee any specific outcome.
4. Not medical advice (important — please read carefully)
ExecOS is an executive-performance advisory and coaching service. It is not a medical service.
- Our insights, directives, reports, scores and coaching are for general performance and educational purposes only. They are not medical advice, diagnosis, treatment, or a clinical opinion, and must not be relied on as such.
- We are not acting as your doctor, nurse, or any registered health practitioner, and nothing here creates a doctor-patient or clinical or therapeutic relationship.
- We do not diagnose, treat, cure or prevent any disease, and we do not prescribe, adjust or manage medication.
- Our analysis of your wearable, CGM, blood, genetic or self-reported data is for performance insight only. It is not a clinical interpretation and is not a substitute for assessment by a qualified health professional.
- You should consult a qualified doctor or appropriate registered health practitioner before making any medical decision, including any decision about medication, diet, supplements, exercise intensity, or any change prompted by the service. Always seek professional advice for any health concern.
- If you think you may have a medical emergency, contact emergency services immediately. Do not rely on the App or on us.
You acknowledge that you use the service on this basis and that you are responsible for your own health decisions.
5. Eligibility
You must be at least 18 and legally able to enter a contract. The service is for the named Client only and is not transferable without our written agreement.
6. Client responsibilities
You agree to: provide accurate, current and complete information and keep it up to date (our output is only as good as the information you give us, and we are not responsible for outcomes based on inaccurate or incomplete information you provide); use the service lawfully and in line with these Terms; keep your credentials secure and not share access; hold the rights to connect any third-party account or device (for example Oura or Google) and to share that data with us; and not reverse engineer, copy, resell, scrape or disrupt the App, or build a competing product. If you provide us with information about another person, you confirm you have that person’s consent. You are responsible for activity under your account.
7. Fees, payment and term
Fees. The subscription fee is AUD $95,000 per year per Client, plus GST where applicable. It covers the ExecOS advisory service and App access for the subscription term.
Billing. Fees are invoiced and payable annually in advance, or by an instalment arrangement agreed in writing. Payment is due within 14 days of the invoice date. We store no card or payment-instrument data.
Late payment. If an invoice is more than 30 days overdue, we may suspend access until it is paid.
Term and renewal. The initial term is 12 months. Renewal is by written agreement between the parties before the end of the term.
Fixed-scope engagements. Where the Services are an audit or other fixed-scope engagement rather than an annual subscription, the fee, scope and duration are as set out in the relevant order form, and the term and renewal provisions above do not apply.
Refunds and cancellation. Pre-paid Fees are non-refundable on early termination, except where required by law or agreed in writing.
8. Third-party connections
The service relies on third parties (Oura, Google, your CGM provider) and on our hosting and AI sub-processors (Supabase, Render, Vercel, Anthropic). Your use of the third-party sources is governed by their own terms. We are not responsible for the availability, accuracy or acts of third parties, though we take reasonable care in integrating with them. You can disconnect a source at any time, which may reduce the value of the service.
9. Intellectual property
Our property. We own, or licence, all Intellectual Property Rights in the platform, App, methodology, models, scoring systems, directives, content, branding and technology. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for your own internal use during your subscription.
Your data. As between us, you own the personal and health information you provide. You grant us the rights we need to host, process and analyse it to deliver the service and meet our legal obligations (see the Privacy Policy).
De-identified data. We may create and use aggregated or de-identified data that cannot reasonably identify you, to operate and improve the service, and we own that de-identified data.
Feedback. If you give us feedback about the service, we may use it without obligation to you.
10. Data handling and privacy
How we handle your information is set out in our Privacy Policy and Consent Form. Key points: your data is stored in Supabase on AWS Sydney, and processed in the United States by our API host (Render) and our AI provider (Anthropic) and in New Zealand on our own secured systems, which run the scheduled jobs that collect, synchronise and analyse your wearable, glucose and calendar data and transcribe your session audio locally; it is handled under the NZ Privacy Act 2020 and Health Information Privacy Code 2020, with the AU Privacy Act and APP protections applied to information held in Australia; it is retained only as long as needed per our Data Retention and Deletion Schedule (available on request); and you have rights to access, correct and delete it. If these Terms and the Privacy Policy conflict on data handling, the Privacy Policy governs.
11. Confidentiality
Each party may receive the other’s Confidential Information. Each agrees to keep it confidential, use it only to perform or use the service, protect it with reasonable care, and not disclose it except to staff, advisers or sub-processors under similar obligations, or where required by law. These obligations survive termination. They do not apply to information that is or becomes public through no breach, was already lawfully held, or is independently developed.
12. Disclaimer of warranties
To the maximum extent permitted by law, the service and App are provided “as is” and “as available”. We do not warrant that the service will be uninterrupted or error-free, or that any insight or result will be accurate, complete, or fit for a particular purpose. Clause 4 applies in full. Nothing in these Terms limits rights that cannot lawfully be excluded, including under the Consumer Guarantees Act (NZ) or the Australian Consumer Law, to the extent either applies.
13. Limitation of liability
To the maximum extent permitted by law:
- neither party is liable for indirect, consequential, special or incidental loss, or loss of profit, revenue, data or business opportunity;
- our total aggregate liability under or in connection with these Terms is limited to the total Fees the Client has paid us in the 12 months before the event giving rise to the claim; and
- we are not liable for any health outcome, medical decision, or consequence arising from your reliance on the service (see clause 4).
Nothing limits liability that cannot be limited by law, including personal injury caused by negligence to the extent exclusion is not permitted, fraud, or wilful misconduct.
14. Indemnity
The Client indemnifies Taylored Health against any loss, claim or liability arising from the Client’s breach of these Terms, the Client’s unlawful use of the Services, or the Client providing us with data (including another person’s information) that the Client had no right to share. This does not apply to loss caused by our own negligence, fraud or wilful misconduct.
15. Suspension
We may suspend access where reasonably necessary to protect our systems or other clients, to address a security or legal risk, or where Fees are overdue. We restore access once the issue is resolved, where practical.
16. Term, termination and what happens to your data
Termination by you: per the term and renewal provisions in clause 7.
Termination by us: if you materially breach these Terms and do not fix it within 14 days of our notice, if you fail to pay, or if continuing would breach the law.
Effect of termination: your licence ends and access is switched off.
Your data on exit. Export: before deletion you may request an export in a commonly used, machine-readable format, provided within 20 working days at no charge. Deletion: we delete or de-identify your data per our Data Retention and Deletion Schedule (available on request); in short, we retain it for the engagement then delete within 12 months after termination, except where the law requires longer (for example, billing records for 7 years). Deletion includes hard-deleting records, revoking and disconnecting Oura and Google, and written confirmation to you. Data may persist in encrypted, access-controlled backups until they age out within 90 days.
Clauses 4, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19 and 20 survive termination.
17. Changes to these Terms
We may update these Terms. For a material change, we give reasonable notice by email or in the App before it takes effect. Continuing to use the service after that means you accept the update. If you do not accept a material change, your remedy is to stop using the service and terminate under clause 16.
18. Governing law and disputes
These Terms, and any dispute relating to them or the Services, are governed by the laws of New Zealand, and each party submits to the non-exclusive jurisdiction of the New Zealand courts. Before starting formal proceedings, the parties will try in good faith to resolve any dispute by direct discussion, then by mediation (through the Resolution Institute), and if the dispute is not resolved, the courts of New Zealand. This does not stop either party seeking urgent interim relief.
19. Event and workshop services
Where the Services include an event, workshop or talk, the specific event, its deliverables, dates, attendee numbers and fee are set out in the relevant order form, and these Terms apply to that engagement. Clause 4 (Not Medical Advice) applies in full to any content delivered at an event. Event-attendee information is handled under our Privacy Policy. Fees for event services are as set out in the order form rather than clause 7, and the liability cap in clause 13 applies.
20. General
No person other than you and us has any right to enforce these Terms. A waiver must be in writing and signed by us. If any provision is unenforceable, it is modified to the minimum extent needed, or severed, and the rest remains binding. You may not assign or transfer your rights or obligations without our written consent; we may assign to a successor or affiliate. Notices to us go to privacy@taylored.health; notices to you go to your account details, and you agree email or an in-App notice satisfies any requirement for written communication.
Questions
Ask before you sign
If anything in here needs clarifying, or your legal team wants a copy to mark up, email privacy@taylored.health.
Read with
Privacy Policy
These Terms should be read together with our Privacy Policy and Client Consent Form.