Terms and Conditions

Resilience Labs PTY LTDABN: 22 691 174 517
Last updated: 29 September 2025

These Terms and Conditions constitute a legally binding agreement between you and Resilience Labs PTY LTD concerning your access to and use of the Breakup Resilience App and our website located at https://www.resilienceofman.com.

1. Agreement to Terms

Welcome to the Breakup Resilience App. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "User") and Resilience Labs PTY LTD ("Company," "we," "us," or "our") concerning your access to and use of the Breakup Resilience App (the "App") and our website located at https://www.resilienceofman.com (the "Website"). The App and Website are collectively referred to as the "Service."

By creating an account, accessing, or using the Service, you agree that you have read, understood, and consent to be bound by these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by this reference.

2. The Service & Crucial Disclaimers

The Service is a wellness tool designed to provide guidance, support, and resources to individuals navigating a relationship breakup. The features include educational content, guided journaling, meditations, affirmations, and quizzes.

2.1. NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE

This is the most important term for you to understand.

  • No Medical or Therapeutic Advice: The Service is not a medical device or healthcare service. The content and features provided are for informational and educational purposes only. They are not a substitute for professional therapy, psychiatric care, medical advice, diagnosis, or treatment.
  • Seek Professional Help: You should always seek the advice of a qualified health provider with any questions you may have regarding a medical or mental health condition. Never disregard professional medical advice or delay in seeking it because of something you have read or experienced on the Service.
  • No Therapist-Patient Relationship: Your use of the Service does not create a therapist-patient, doctor-patient, or any other confidential professional relationship between you and the Company.
  • Emergencies: If you are experiencing a medical or mental health emergency, you must immediately call emergency services (such as 000 in Australia or your local emergency number) or go to the nearest emergency room. The Service is not intended for crisis situations.

3. Eligibility

You must be at least 18 years of age to use the Service. By creating an account and using the Service, you represent and warrant that:

  • You are 18 years of age or older.
  • You have the legal capacity to agree to these Terms.
  • All information you submit to us is truthful and accurate.
  • Your use of the Service does not violate any applicable law or regulation.

We reserve the right to terminate the account of any user who we believe is under the age of 18.

4. User Accounts

To access the core features of the App, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during the registration process.
  • Maintain the security of your password and not disclose it to any third party.
  • Accept full responsibility for all activities that occur under your account, whether or not you have authorised them.
  • Notify us immediately if you suspect any unauthorised use of your account.

5. User Content

Our Service allows you to create and store content, including your journal entries, responses to prompts, and answers to quizzes ("User Content").

  • You Retain Ownership: You are the sole owner of your User Content. We do not claim any ownership rights over the information you create.
  • Limited License to Us: To operate the Service, you grant us a limited, worldwide, non-exclusive, royalty-free license to use, store, reproduce, and display your User Content solely to provide and maintain the Service for you, to improve the Service where you have provided explicit consent, and for any other purposes for which you provide explicit consent. This license is necessary for us to, for example, save your journal entries to our secure servers and show them to you when you open the App.
  • Confidentiality: We are committed to maintaining the confidentiality of your User Content in accordance with our Privacy Policy and the security measures described therein.
  • Your Responsibility: You are solely responsible for the User Content you create and for maintaining your own backups.

6. Acceptable Use

You agree not to use the Service in any way that is unlawful or prohibited by these Terms. You specifically agree not to:

  • Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the App.
  • Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
  • Introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
  • Use the Service to harass, abuse, threaten, or harm another person.

Competitors:

You may not use the Service if you are developing or offering a directly competing product or service, or for the purpose of competitive intelligence (including scraping, benchmarking, or training models on our content), except with our prior written consent. If you breach this provision, we may suspend your access and pursue any remedies available to us.

7. Payments, Subscriptions and Cancellations

Certain features of the Service may be offered on a paid subscription basis.

  • Billing: We use a third-party payment processor, Payhip, to handle all payments. By providing your payment information, you agree to their terms and authorise us (through Payhip) to charge your chosen payment method for the subscription fee.
  • Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle (e.g., monthly or annually) unless you cancel it. You authorise us to charge your payment method for the renewal term.
  • Cancellation: You may cancel your subscription at any time through your account settings. To avoid being charged for the next billing cycle, you must cancel your subscription before the renewal date.
  • Refunds: Except as required by applicable law (such as under the Australian Consumer Law or statutory cooling-off periods in the EU/UK), all payments are non-refundable, and we do not provide refunds or credits for any partial subscription periods or unused content.
  • Price Changes: We reserve the right to change our subscription fees. We will provide you with reasonable prior notice of any price changes.

8. Intellectual Property Rights

With the exception of your User Content, the Service and all of its original content, including but not limited to the text, lessons, meditations, graphics, software, branding, and logos ("Company Content"), are the exclusive property of Resilience Labs PTY LTD and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal, non-commercial use, strictly in accordance with these Terms.

9. Privacy Policy

Our Privacy Policy details how we collect, use, and protect your personal information. By using the Service, you agree to the collection and use of information in accordance with our Privacy Policy, which is available on our Website and within the App.

View our Privacy Policy

10. Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE LIABILITY OF THE COMPANY.

  • "AS IS" Service: THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT CONTENT (INCLUDING USER CONTENT) WILL BE SECURE OR NOT LOST OR DAMAGED. YOU UNDERSTAND THAT USE OF THE SERVICE IS AT YOUR OWN RISK, AND WE DO NOT GUARANTEE THAT THE SERVICE IS FREE FROM HARMFUL COMPONENTS (SUCH AS MALWARE) OR UNAUTHORISED ACCESS BY THIRD PARTIES.
  • No Guarantee of Results: WE DO NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE (INCLUDING MEDICAL, MENTAL-HEALTH, LEGAL, OR FINANCIAL ADVICE). YOU SHOULD NOT RELY ON THE SERVICE FOR EMERGENCY OR CRISIS SITUATIONS.
  • Limitations of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR DIRECTORS, EMPLOYEES, AND AGENTS) WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, OR LOSS, CORRUPTION, OR INACCURACY OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) FIFTY AUSTRALIAN DOLLARS (AUD $50). THIS CAP IS AGGREGATE ACROSS ALL CLAIMS AND THEORIES OF LIABILITY, AND DOES NOT LIMIT YOUR PAYMENT OBLIGATIONS OR ANY LIABILITY THAT CANNOT BE LIMITED BY LAW.

Exceptions (Non-Excludable Rights)

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE.

  • Australia: OUR SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. FOR MAJOR FAILURES, YOU ARE ENTITLED TO A REFUND FOR THE UNUSED PORTION OR COMPENSATION FOR ANY REASONABLY FORESEEABLE LOSS. FOR MINOR FAILURES, YOU ARE ENTITLED TO HAVE THE SERVICE RESUPPLIED OR TO BE REIMBURSED FOR THE COST OF RESUPPLY.
  • EU/UK: NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER OR OUR LIABILITY WHERE WE FAIL TO USE REASONABLE CARE AND SKILL IN PROVIDING DIGITAL SERVICES. ANY LIMITATION APPLIES ONLY TO THE EXTENT PERMITTED BY THE CONSUMER RIGHTS/UNFAIR TERMS LAWS.

Data Protection; Third-Party Services; AI/Beta Features. TO THE EXTENT REQUIRED BY APPLICABLE DATA PROTECTION OR PRIVACY LAW, LIABILITY CANNOT BE EXCLUDED OR LIMITED. EACH PARTY REMAINS RESPONSIBLE FOR REGULATORY FINES IMPOSED DIRECTLY ON IT. THE SERVICE MAY RELY ON THIRD-PARTY SERVICES OR HOSTING; WE ARE NOT RESPONSIBLE FOR THEIR ACTS OR OMISSIONS. BETA FEATURES AND AI-GENERATED OUTPUTS MAY BE INACCURATE, INCOMPLETE, OR UNSUITABLE FOR RELIANCE; YOU USE THEM AT YOUR OWN RISK.

Time Limit to Bring Claims. ANY CLAIM MUST BE FILED WITHIN 12 MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE THE CLAIM IS PERMANENTLY BARRED, UNLESS A LONGER PERIOD IS REQUIRED BY LAW.

Force Majeure. WE ARE NOT LIABLE FOR DELAYS OR FAILURES TO PERFORM RESULTING FROM EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL DISASTERS, INTERNET OUTAGES, STRIKES, GOVERNMENT ACTIONS, OR ACTS OF GOD.

11. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any third-party claim, loss, liability, damages, costs, and reasonable legal fees arising out of: (i) your User Content; (ii) your use of the Service in violation of these Terms or applicable law; or (iii) your violation of a third party’s rights (including intellectual property, privacy, or publicity rights).

12. Terms and Terminations

These Terms shall remain in full force and effect while you use the Service. You may terminate your use at any time by deleting your account.

WE MAY SUSPEND OR TERMINATE YOUR ACCESS IMMEDIATELY AND WITHOUT PRIOR NOTICE IF YOU MATERIALLY BREACH THESE TERMS, IF REQUIRED BY LAW, OR WHERE NECESSARY TO PROTECT USERS, SAFETY, SECURITY, OR OUR SERVICE. FOR ANY OTHER REASON, WE WILL PROVIDE REASONABLE PRIOR NOTICE BEFORE TERMINATION TAKES EFFECT. IF WE TERMINATE A PAID SUBSCRIPTION FOR A REASON OTHER THAN YOUR BREACH, WE WILL PROVIDE A PRO-RATA REFUND OF ANY PREPAID, UNUSED FEES. THIS SECTION DOES NOT LIMIT ANY RIGHTS YOU HAVE UNDER APPLICABLE CONSUMER LAW.

13. Governing Law and Dispute Resolution

13.1 General Rule.

These Terms and your use of the Service are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, except as provided below.

13.2 Pre-Dispute Resolution (Non-U.S.).

Except where urgent injunctive relief is sought, and excluding disputes brought by U.S. residents covered by the arbitration clause below, before commencing legal proceedings you agree to first notify us of the dispute in writing (including a brief description and desired outcome). The parties will attempt in good faith to resolve the dispute within 30 days of notice. If unresolved, either party may propose mediation in your country of residence or in New South Wales, Australia. Each party will bear its own costs; mediation fees will be shared equally. If the dispute remains unresolved after mediation (or if mediation is declined), either party may proceed in court as permitted by these Terms and applicable law.

13.3 Consumers in EU/UK/Australia.

If you are a consumer with mandatory rights under the law of your country of residence, this clause does not deprive you of those rights. Specifically:

  • European Union / United Kingdom: If you are resident in the EU or UK, you may alsoo bring legal proceedings in your local courts, and you may rely on the mandatory consumer protections available in your country of residence.
  • Australia: Nothing in these Terms limits your rights under the Australian Consumer Law. You may bring proceedings in your local courts.

13.4 United States Residents – Arbitration Agreement.

If you are a resident of the United States, the following terms apply:

  1. Governing Law and Venue: These Terms are governed by the laws of the State of California, U.S.A., without regard to conflict-of-law principles. Any disputes not subject to arbitration must be brought exclusively in the state or federal courts located in San Francisco County, California.
  2. Arbitration Agreement: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English and held in a location reasonably convenient for both parties, or virtually if agreed.
  3. Class Action Waiver: You and the Company agree that disputes will be resolved only on an individual basis and not as part of a class, consolidated, or representative action.
  4. Small Claims Carve-Out: Either party may bring an individual action in small claims court if the claim is eligible, rather than proceeding to arbitration.
  5. Opt-Out Right: You may opt out of this arbitration agreement by sending a written notice to [[email protected]] within 30 days of creating your account. Your opt-out will not affect other provisions of these Terms.

13.5. Class Action Waiver (Global).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. YOU AGREE TO BRING CLAIMS SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

13.6. Waiver of Jury Trial (U.S.).

EACH PARTY HEREBY KNOWINGLY AND VOLUNTARILY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

13.7 Rest of World.

For all other jurisdictions, disputes must be brought exclusively in the courts of New South Wales, Australia, unless applicable law gives you the right to bring proceedings in your home jurisdiction.

14. General Provisions

  • Entire Agreement: These Terms and any policies posted by us on the Service constitute the entire agreement between you and us.
  • Assignment: We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without notice. These Terms may not be assigned by you without our prior written consent.
  • Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Where a provision is invalid in a particular jurisdiction, it will be deemed modified to the extent necessary to make it valid and enforceable, or, if modification is not possible, it will be severed without affecting the remaining Terms.
  • No Waiver: Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of these Terms.
  • Electronic Communications: You consent to receive communications from us electronically, such as e-mails, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  • Survival: The provisions of these Terms that by their nature should survive termination will remain in effect after termination or expiration of your account or these Terms, including without limitation: ownership rights, disclaimers, limitations of liability, indemnification, dispute resolution (including arbitration and jurisdiction provisions), and general provisions.
  • Changes to Terms: We may update or modify these Terms from time to time. If we make material changes, we will provide you with reasonable prior notice (for example, by email or in-app notification). Continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and may terminate your account.

15. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Email: [email protected]