DRAFT — NOT LEGAL ADVICE. This document was prepared as a thorough starting point, not by a lawyer. It covers a health-adjacent app taking real payments and must be reviewed by an Australian lawyer before you publish it or launch the App. Yellow-highlighted fields must be completed. Sections flagged OPEN ISSUE need your decision or your lawyer's input.
YOUR USE IS AT YOUR OWN DISCRETION. You choose whether and how to use the App, including whether to act on any insight, pattern, or suggestion it generates. You use the App voluntarily and at your own risk, and you remain solely responsible for any decision you make about your health, whether or not that decision is informed by the App. See section 9 for the full medical disclaimer.
1. Who we are
Charles J Maher trading as Skin Trace (ABN 38 725 055 198) (“Skin Trace”, “we”, “us”, “our”) operates the Skin Trace mobile application and associated web dashboards (together, the “App”).
Registered address: 16 Holm Park Rd, Beaconsfield VIC 3807
Contact: privacy@skintrace.com.au
These Terms and Conditions (“Terms”) govern your access to and use of the App. Our Privacy Policy, available in the App and at our website, explains how we handle your personal information and forms part of these Terms by reference.
2. Acceptance of these terms
By creating an account, downloading, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
If you are using the App on behalf of a clinic, as a practice manager, or as a clinician, you confirm you have authority to bind that clinic to the clinic-specific terms in section 8, and “you” in those sections refers to the clinic as well as to you personally.
Your use of the App, including whether you log data, whether you follow any AI-generated suggestion, and whether you act or decline to act on anything the App shows you, is entirely voluntary and at your own discretion and risk.
3. Eligibility
The App is available only to persons aged 18 and over. By creating an account, you confirm that you are at least 18 years old. We do not knowingly permit anyone under 18 to create or use an account, and we may suspend or close any account we reasonably believe belongs to someone under 18.
4. What the App does
Skin Trace lets you log skin symptoms, triggers, photographs, and related lifestyle data, and generates pattern insights and AI-assisted suggestions based on that data. Patients may optionally link to a clinician through a clinic invite code, giving that clinician visibility of the patient's logged data as described in the Privacy Policy.
Section 9 of these Terms sets out important limits on what the App is — and is not — in relation to medical advice. Please read it carefully.
5. Accounts
You must provide accurate information when creating an account and keep your login details secure.
You are responsible for all activity that occurs under your account.
Notify us immediately at privacy@skintrace.com.au if you suspect unauthorised access to your account.
Accounts are personal to you and may not be shared, sold, or transferred.
6. Subscriptions and payment
The App is offered on a freemium basis. Certain features require a paid subscription (“Premium”).
Consumer subscriptions are billed through the Apple App Store on a yearly, auto-renewing basis, currently at A$89/year (GST-inclusive for Australian customers, as charged by Apple), with a 7-day free trial for new subscribers.
Your subscription automatically renews at the end of each period unless you cancel at least 24 hours before renewal, through your Apple ID account settings. We do not directly process or store your payment details — Apple does.
We may change subscription pricing from time to time. Any price change will not affect a period you have already paid for, and will take effect from your next renewal, with reasonable prior notice where required by law.
A patient linked to a clinic via a valid invite code receives Premium access sponsored by that clinic for as long as the link remains active. Sponsored Premium is not guaranteed to continue if the clinic relationship ends, if the clinic's own subscription lapses, or if we discontinue the sponsorship feature.
7. Cancellations and refunds
You may cancel your subscription at any time through your Apple ID account settings; cancellation takes effect at the end of the current billing period and you will retain Premium access until then.
Refunds for App Store purchases are handled by Apple under Apple's own refund policies, not by us directly. Nothing in these Terms limits any consumer guarantee you have under the Australian Consumer Law that cannot lawfully be excluded.
8. Clinic and clinician terms
This section applies to clinics, practice managers, and clinicians using the clinic web dashboard.
A clinic is billed as a single account and is responsible for its practice manager and clinician users, and for any fees associated with sponsored patient Premium access.
A practice manager may add and remove clinicians and view clinic billing, but does not have access to individual patient health data.
A clinician may view only the data of patients who have linked to them via a redeemed invite code, and must keep any generated invite codes secure.
A patient may revoke a clinician's access to their data at any time from within the App; doing so ends that clinician's visibility of the patient's data going forward and ends the associated sponsored Premium access.
Clinics and clinicians must comply with their own professional and legal obligations (including any applicable health records or privacy legislation) when using patient data accessed through the App, independently of our obligations under the Privacy Policy.
9. Medical disclaimer
The App, including any AI-generated insights, pattern analysis, or suggested plans, is provided for general informational and self-tracking purposes only. It is not medical advice, is not a diagnosis, and is not a substitute for professional medical care.
Skin Trace is not a medical device and has not been evaluated or approved by the TGA or any equivalent regulator.
Always seek the advice of a qualified health professional (such as your GP or dermatologist) before making any decision about your health, a diagnosis, or a treatment, and before disregarding or delaying professional medical advice because of something you have seen in the App.
AI-generated content may be inaccurate, incomplete, or unsuitable for your specific circumstances. We do not warrant the accuracy or reliability of any insight, pattern, or suggestion generated by the App.
If you are experiencing a medical emergency, contact 000 (Australia) or your local emergency service immediately, not the App.
You acknowledge and accept that any decision to use the App, to log or not log data, or to act or not act on any insight, pattern, or suggestion the App generates, is made entirely at your own discretion and voluntary risk. To the maximum extent permitted by law, we are not liable for any harm, loss, or adverse outcome arising from your use of the App or your reliance on any content generated or displayed by it.
10. Acceptable use
You must not:
use the App for any unlawful purpose, or to harass, abuse, or harm another person;
attempt to gain unauthorised access to another user's account or data, or to any part of our systems;
reverse engineer, decompile, scrape, or attempt to extract the App's source code or underlying models, except as permitted by law;
upload photographs or content that are not your own, or that depict another identifiable person without their consent;
use the App to impersonate a clinician, practice manager, or clinic without authority to do so.
We may suspend or terminate any account that breaches this section.
11. Your content and photographs
You retain ownership of the photographs, logs, and other content you upload to the App (“Your Content”). By uploading Your Content, you grant us a licence to store, process, and display it back to you, and to share it with a linked clinician where you have chosen to do so, solely for the purpose of operating the App.
As set out in our Privacy Policy, we may use de-identified photographs for marketing and promotional purposes unless you object. This does not affect ownership of Your Content.
You are responsible for ensuring you have the right to upload any photograph or content you submit.
12. Intellectual property
Excluding Your Content, all intellectual property in the App — including its design, software, trade marks, and the Skin Trace name — belongs to us or our licensors. Nothing in these Terms transfers any of that intellectual property to you. You may not copy, modify, or create derivative works from the App except as necessary for your ordinary personal use of it.
13. Third-party services
The App relies on third-party service providers to operate, including those listed in section 7.1 of our Privacy Policy (currently Supabase, Anthropic PBC, RevenueCat, and Apple Inc.). Your use of the App is also subject to Apple's standard End User Licence Agreement where applicable. We are not responsible for outages, errors, or conduct of these third-party providers, though we take reasonable steps to select and monitor reliable providers.
14. Termination
You may stop using the App and delete your account at any time. We may suspend or terminate your account, with or without notice, if we reasonably believe you have breached these Terms, engaged in fraudulent or unlawful conduct, or if we cease to operate the App.
On termination, your right to use the App ends immediately. Sections of these Terms that by their nature should survive termination (including sections 9, 11 (as to content already used), 15, and 16) continue to apply.
15. Disclaimers and limitation of liability
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 as to accuracy, reliability, or fitness for a particular purpose.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other law that cannot lawfully be excluded.
OPEN ISSUE — CONFIRM WITH YOUR LAWYER. Subject to that, to the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with the App is limited to the greater of (a) the amount you paid us in subscription fees in the 12 months before the event giving rise to the claim, or (b) A$100. We are not liable for indirect, consequential, or special loss, including loss of data, profits, or opportunity. This cap is a standard starting position — confirm the figure and scope with a lawyer given the App handles health information.
16. Indemnity
To the extent permitted by law, you agree to indemnify us against any loss, damage, or claim arising from your breach of these Terms, your misuse of the App, or Your Content infringing the rights of a third party.
17. Changes to these terms
We may update these Terms from time to time. If we make a material change — particularly one affecting subscriptions, the medical disclaimer, or liability — we will notify you in the App or by email before the change takes effect. Continued use of the App after a change takes effect constitutes acceptance of the updated Terms.
18. Governing law and disputes
These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria in relation to any dispute arising from these Terms.
If you have a complaint, please contact us first at the details in section 1 — we will acknowledge your complaint within 7 days and aim to resolve it within 30 days.
19. Severability
If any part of these Terms is found by a court to be invalid or unenforceable, that part will be severed, and the rest of these Terms will continue to apply in full force.
20. Entire agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App, and supersede any prior or other representations, whether written or verbal, that are not expressly included in these documents.
21. No waiver
If we do not enforce any right or provision of these Terms on a particular occasion, that does not mean we waive our right to enforce it on a future occasion.
22. Notices
We may give you any notice required under these Terms by email to the address associated with your account, or by a notice displayed within the App. Such notices are taken to be received when sent.
23. Contact us
Charles J Maher trading as Skin Trace
16 Holm Park Rd, Beaconsfield VIC 3807
Email: privacy@skintrace.com.au