Vively Consumer CGM & Blood Test Terms and Conditions
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Last Updated - 12 May 2026

1. About these Terms

These Terms apply to the website, mobile app and other services (collectively, Services) supplied by Vively Health Pty Ltd (ACN 654 451 680) (Vively, we, us, our) to consumers (you, your). They form a contract between you and us, together with:

• our Privacy Policy;
• our Returns Policy;
• and any other terms we expressly communicate and you accept.

Acceptance of Terms
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By registering an account, accessing or using the Vively App, website or Services, you agree to be bound by these Terms, our Privacy Policy and Returns Policy. If you do not agree, you must immediately cease using the Services. Vively may suspend or terminate access for breach, unauthorised use or failure to comply with these Terms.

You are responsible for exercising good judgement in using the Services and for consulting your healthcare professional before making any changes to your health, diet or exercise routine. If any information obtained through the Services conflicts with medical advice from your healthcare professional, follow your healthcare professional’s advice.

We may update these Terms at any time. If we make material changes, we will take reasonable steps to notify you (for example, by email or in-App notification). Your continued use of the Services after the effective date of any updated Terms constitutes acceptance of those changes. The updated Terms take effect on the date stated in the notice. If you do not agree with the updated Terms, you must stop using the Services before the effective date; your continued use after that date constitutes acceptance.

2. Key Definitions

• App: the Vively mobile application and companion web features.
• App Only Membership is the $29/month tier of Membership, which includes access to the App and the arrangement by Vively of Baseline Health Test Referrals on the cadence set out in 6.1, but does not include access to Vively practitioners.
• Baseline Health Test Referral is a referral arranged by Vively for a member to undergo a standard pathology blood test panel. Vively does not itself provide the blood test or the medical service. The specific markers included in any given panel are not guaranteed. The composition of the panel, and which markers are tested for any individual member, may vary depending on the independent clinical judgement of the referring medical practitioner, the testing practices and capabilities of the relevant pathology or testing provider, laboratory or funding requirements, and clinical appropriateness for the individual. Vively will use reasonable efforts to arrange the markers described in its standard panel but does not warrant that every marker will be included in every member's test.
• CGM: a continuous glucose monitor supplied by Vively from time to time. The supported CGM brand and model is determined by Vively and may change. As at the date of these Terms, Vively supports Sibionics G3 sensors only.
• CGM Pack: an annual subscription, billed upfront and auto-renewing annually, under which Vively ships a chosen number of CGM sensors per year (typically 1, 2, or 4). CGM Packs are offered to existing subscribers and are accessible to new customers via specific product pages identified in 6.7.
• Blood Test Pack: an annual subscription, billed upfront and auto-renewing annually, under which Vively arranges a chosen number of blood tests per year. Blood Test Packs are offered to new and existing subscribers and are accessible via specific product pages identified in 6.7.
• Coaching: access to Vively’s in‑app lifestyle and nutrition coaching team via asynchronous messaging.
• Full Membership: the higher tier of Membership, available on three billing periods:·      
  Monthly: $99 per billing month·      
  Quarterly: $249 per billing quarter (representing approximately $83 per month)·      
  Annual: $899 per billing year (representing approximately $75 per month)
  
  Full Membership includes access to the App, access to Vively Practitioners, and the arrangement by Vively of Baseline Health Test Referrals on the cadence set out in 6.1 and subject to the eligibility rules in 6.1D. Prices are those displayed on the website at the time of purchase or renewal.
• Membership: an auto-renewing subscription that includes access to the App and the ongoing arrangement by Vively of Baseline Health Test Referrals on the cadence set out in s.6.1 and subject to the eligibility rules in s.6.1D. Membership is billed monthly, quarterly, or annually as elected at sign-up, and is offered in two tiers: Full Membership (which additionally includes access to Vively Practitioners) and App-Only Membership.
• Programs and services: a structured set of recommendations made through the App following Baseline Health Test results or other diagnostic inputs. Vively may recommend additional diagnostic products (e.g. CGM, additional blood panels), which are sold separately as one-off purchases or, where applicable, under a Blood or CGM Pack.
• Practitioners: registered nurses and dietitians engaged by Vively to provide lifestyleand wellness guidance through the Membership.
• Coaching Trial: a 14‑day free trial of Coaching that auto‑renews to a paid monthly plan unless you cancel within the trial.
• Subscription Period: the relevant billing period for your service

3. Eligibility

You must be 18 years or older to use the Services. Our Services are not suitable for, and must not be used by, individuals who are pregnant. Do not use our Services if advised against by your health professional.

4. Registration & Account Security

When you register, subscribe or activate your Vively account, you must provide accurate and current information, including your name, date of birth, email address, telephone number and shipping address. You are responsible for maintaining the accuracy of this information and for ensuring the security and confidentiality of your login credentials.

You are solely responsible for all activity that occurs under your account and must notify us immediately if you suspect unauthorised access or use.

By registering, you consent to receiving:

• Transactional communications, including emails, in-app messages and push notifications relating to your account and Services; and
• Marketing communications about Vively or selected third-party products and offers we believe may be relevant to you. You can opt out of marketing communications at any time.

We may use analytics and tracking technologies in our communications to understand engagement and improve our Services, as outlined in our Privacy Policy.

5. Device & Operating System Compatibility

You are responsible for ensuring that your device and operating system meet the minimum requirements to use both the Vively App and any CGM manufacturer’s app that operates in conjunction with our Services before making a purchase.

Compatibility requirements are published on our website and also on the CGM manufacturer’s website or app store page. You must review both sources prior to purchase.

Vively is not responsible or liable for refunds, replacements or compensation arising from device or operating system incompatibility, including but not limited to issues relating to phone model, operating system version, app-store region, or Bluetooth connectivity, except where required by law.

6. Products & Plans Overview

Vively is a wellness and lifestyle technology platform. Vively is not a healthcare provider, pathology service, medical device manufacturer, or telehealth provider. Where references in these Terms suggest that Vively 'provides' a Baseline Health Test, blood test, CGM, or other diagnostic product or service, this should be read as Vively arranging or facilitating that product or service through one or more third-party partners. The actual goods and services are supplied by the relevant third party (such as a pathology provider, device manufacturer, or medical practitioner) under their own terms and standards. Where a clinical decision is involved (such as theissuance of a referral), that decision is made independently by the relevant medical practitioner.

6.1A Membership

Membership is the primary subscription product offered by Vively. There are two tiers:

●     Full Membership: includes access to the App, access to Vively Practitioners (nurses and dietitians) for asynchronous and scheduled support, and the arrangement by Vively of Baseline Health Test Referrals on the cadence described below.
●     App-Only Membership: includes access to the App and the arrangement by Vively of Baseline Health Test Referrals on the cadence described below, but does not include access to Vively Practitioners. 

Baseline Health Test Referral cadence. Vively will arrange one Baseline Health Test Referral for you in your first calendar month of Membership, and one further Baseline Health Test Referral every three calendar months thereafter while your Membership remains active. No additional fee is payable to Vively for the arrangement of a Baseline Health Test Referral. The blood test itself is conducted by a third-party pathology provider in accordance with that provider's own processes. Vively does not itself provide the blood test or the medical service. Vively makes arrangements through one or more healthcare partners such that, where appropriate, a referral is issued to you. Where a clinical decision is involved in the issuance of a referral, that decision is made independently by the relevant medical practitioner. Vively does not influence and does not undertake to influence any such clinical decision.

Timing of arrangements is indicative only. Where reasonably practicable, Vively will arrange a Baseline Health Test Referral within a reasonable time of the relevant period commencing. If a delay extends beyond the current three-month period, your eligibility carries forward to the following period. Baseline Health Test Referrals are not transferable, have no cash value, and are forfeited at the end of each three-month period if not used or requested. Use of a Baseline Health Test Referral does not extend or alter your Membership term.

Membership is billed in advance on the billing period you elect at sign-up (monthly, quarterly or annually). It auto-renews at the end of each billing period on the anniversary day of your Membership commencement. The billing period and price for your selected configuration are displayed on the website at the time of purchase or renewal.

We offer alternative billing periods (such as quarterly or annual) for Membership. Where you elect such a billing period, the auto-renewal cadence and cancellation terms will be those disclosed at checkout. We may change Membership pricing or tier structure on at least 30 days' written notice. Any change applies from your next renewal date after the notice period. You may cancel before the change takes effect.

6.1B Referral validity and re-issue

Each Baseline Health Test Referral arranged by Vively (whether arranged before or after the date of these Terms) is valid for three (3) calendar months from the date the referral is arranged. A Baseline Health Test Referral that is not redeemed within that period expires automatically and may be cancelled, withdrawn, closed, or otherwise discontinued by Vively or the relevant third-party provider for operational, administrative, clinical, provider-related, or regulatory reasons.

This validity period applies to all Baseline Health Test Referrals, including those arranged before the date of these Terms; any referral arranged more than three calendar months before the date of these Terms is treated as expired from the date of these Terms.If your referral has expired and you still wish to complete your Baseline Health Test, you may contact Vively support and request a replacement referral.

Where the expired referral relates to a Baseline Health Test that you have already purchased, or which was included as part of your Membership entitlement, Vively will arrange a replacement referral at no additional charge, subject to the eligibility rules in s.6.1 and s.6.1D.

The expiry, cancellation, withdrawal, or discontinuation of an unused referral does not affect your entitlement to receive the relevant Baseline Health Test that you have already purchased or that is included as part of your Membership entitlement.

Unused referrals are not transferable and have no cash value, and are not redeemable for cash, credit, or compensation except where required by law.

6.1C Panel composition and marker availability

Vively's standard Baseline Health Test panel describes the markers Vively generally seeks to include. The specific markers tested for any individual member are not guaranteed and may vary because:

(a) the referring medical practitioner exercises independent clinical judgement as to which markers are appropriate for the individual, and may include or exclude markers accordingly;
(b) the relevant pathology or testing provider may not offer, or may be unable to perform, particular markers from time to time; or
(c) laboratory, regulatory, or funding requirements affect what can be tested.

Where a marker described in Vively's standard panel is not included in your test, the final selection of markers is a matter for the reviewing medical practitioner's clinical judgement. If you have any questions about your results, you are welcome to contact Vively support.

Vively does not guarantee that any specific marker can be arranged in all circumstances.

6.1D Quarterly Baseline Test Benefit (Full Membership & App-Only)

As a benefit of Full and App-Only Membership, you are eligible to request that Vively arrange one further Baseline Health Test Referral every three calendar months after Vively first arranged a Baseline Health Test Referral for you. Eligibility commences three calendar months after the date Vively first arranged a Baseline Health Test Referral for you under your Membership, and is renewed every three calendar months while your Membership remains active. Vively does not itself provide the blood test or the medical service; Vively makes arrangements through one or more healthcare partners such that, where appropriate, a referral is issued to you. Where aclinical decision is involved, that decision is made independently by the relevant medical practitioner. Vively does not influence and does not undertake to influence any clinical decision. No additional fee is payable to Vively for the arrangement of a Baseline Health Test Referral under this benefit. The blood test itself is conducted by a third-party pathology provider in accordance with that provider's processes and any applicable funding arrangements. Timing of arrangements is indicative only. Where reasonably practicable, Vively will arrange a Baseline Health Test Referral within a reasonable time of your request. If a delay extends beyond your current quarterly eligibility window, your eligibility carries forward to the following quarter. The benefit is otherwise not transferable, has no cash value, and is forfeited at the end of each three-month eligibility window if not requested. Use of this benefit does not extend or alter your Membership term

Eligibility for repeat Baseline Health Test Referrals. The first Baseline Health Test Referral arranged in your first calendar month of Membership is not subject to the conditions below. For any subsequent Baseline Health Test Referral, all of the following must be true:
(a) a previous Baseline Health Test arranged for you has been completed;
(b) at least three calendar months have passed since theprevious Baseline Health Test Referral was arranged for you; and
(c) you have accrued a total of three calendar months (90days) of active Membership since the previous Baseline Health Test Referral was arranged.

Active Membership of any tier counts towards this period, and a downgrade between tiers (for example from Full Membership to App-Only Membership) without cancellation in between is treated as a continuation of active Membership. If you cancel your Membership and later re-subscribe, the 90-day clock pauses during the period of cancellation and resumes from the point at which it paused. Vively reserves the right to verify these conditions before arranging any subsequent Baseline Health Test Referral.

6.2 CGM Packs (annual; billed upfront)

Choose an annual allocation (auto‑renewing). Current pack configurations and prices are as displayed on the website and at checkout at the time you purchase or renew. Configurations and pricing may change from time to time and will apply on your next renewal. The specific CGM manufacturer or model supplied may change during your subscription period, and Vively may substitute an equivalent or superior CGM at its discretion.

Cadence guidance only: We typically align shipments to your pack configuration (e.g., annual (1x CGM), ~6‑monthly (2x CGMs), or ~quarterly (4x CGMs)). Actual timing is indicative only and may vary due to stock, safety/expiry windows, logistics or public holidays.

6.2A. CGM Model & Supplier Substitution

Vively may supply any CGM model, brand, or manufacturer as part of your Pack.
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CGM manufacturers, models, specifications, app requirements, and compatible devices may change from time to time due to improvements in technology, supply chain considerations, regulatory requirements, or product availability.

By purchasing a CGM Pack, you acknowledge and agree that:
- CGMs supplied during your subscription period may differ from those supplied at the time of your initial purchase.
- Vively may substitute a CGM with a different model, brand, or manufacturer at any time, provided the replacement is reasonably equivalent or superior in overall quality or functionality.You are not entitled to a refund, credit, or replacement solely because of a change in CGM brand, model, or manufacturer, except where required under the Australian Consumer Law.
- You are responsible for ensuring the compatibility of your device with the manufacturer app associated with the CGM supplied at the time of shipment.
- Where practicable, Vively will notify you of any material changes to the brand or model of CGM supplied for future shipments.

6.3 Blood Test Packs (annual; billed upfront)

Choose an annual allocation (auto‑renewing). Current pack configurations and prices are as displayed on the website and at checkout at the time you purchase or renew. Configurations and pricing may change from time to time and will apply on your next renewal.

Cadence guidance only: We typically schedule tests in alignment with the pack configuration (e.g., annual (annual (1 test), ~6-monthly (2 tests), or~3-monthly (4 tests)). Actual timing is indicative only and may vary due to laboratory capacity, fasting requirements, or stock availability.

6.4 Standalone Coaching Program → Monthly Coaching (optional Opt-In)

A Coaching Trial is available as an optional add-on when you purchase a CGM or Blood Test Pack.

You must actively opt in to receive this 14-day free trial at checkout or through your account. If you do not opt in, no trial or coaching service will be activated.

If you opt in to the Coaching Trial and do not cancel within 14 days, the trial will automatically convert to a paid monthly Coaching subscription billed to your saved payment method. You may cancel anytime to stop future monthly charges.

We provide clear information at sign-up and send reminder notifications before the automatic renewal. Only one Coaching Trial is available per customer.

The Coaching service provides lifestyle and nutrition guidance only and does not constitute medical advice, diagnosis or treatment.

6.5 Guidance Membership (Trial and Subscription)

6.5.1 What Guidance is
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Guidance Membership (Guidance) is a subscription-based wellness support service that may be included with certain Vively blood tests (including the BaselineHealth Check) and may also be offered as a standalone subscription from time to time. Guidance is designed to help you understand information presented in the App and support general lifestyle and wellbeing. Guidance may include (depending on your plan and eligibility):
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(a) a 1:1 introductory consultation with a Vively nurse;
(b) lifestyle and nutrition guidance provided by Vively practitioners (which may include nurses, dietitians and/or health coaches);
(c) asynchronous in-App messaging with assigned practitioners; and/or
(d) written summaries, suggestions or guidance messages following consultations. Guidance is provided for educational and lifestyle purposes only and is not medical advice, diagnosis, treatment, or a substitute for care from your GP or other qualified healthcare provider.

‍6.5.2 No treating relationship / GP responsibility
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Participation in Guidance does not create a doctor–patient relationship or treating practitioner relationship. You are responsible for seeking medical advice from your GP or other qualified healthcare provider regarding any test result, symptom, or health concern, including before making significant changes to medication, diet or exercise.

‍6.5.3 14-day initial access and auto-renewal (where included with a test)
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Where Guidance is included with an eligible blood test purchase as a 14 day trial, you receive Guidance access for 14 days from the date of purchase (Initial Access Period). Unless you cancel before the end of the Initial Access Period, your Guidance will automatically continue as a paid monthly subscription and we will charge your saved payment method $99 per month (or such other price as displayed at the time of renewal). The first monthly charge occurs 14 days after purchase. Thereafter, Guidance renews monthly on a calendar basis. Guidance auto-renewal terms are displayed at checkout (including the renewal price and renewal timing) and by completing your purchase you authorise those charges in accordance with these Terms.

‍6.5.4 Monthly billing mechanics
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Guidance subscription fees are billed monthly in advance. You may cancel at any time, and cancellation stops future billing. If you cancel, you retain access to Guidance until the end of your then-current paid billing period. No pro-rata refunds apply for partial months.

‍6.5.5 Price changes
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We may change the Guidance monthly price by giving at least 30 days’ notice. Any price change applies from your next renewal date after the notice period.

‍6.5.6 Messaging and availability
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Guidance messaging is asynchronous, not real-time, and not monitored continuously. Response times may vary depending on practitioner availability. Guidance is not an emergency service. If you have urgent symptoms, call 000 or seek immediate medical care.

‍6.5.7 Practitioner inclusion and service changes
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We may, at our discretion, allocate or include access to additional practitioners (including dietitians or health coaches) as part of Guidance and may change the composition of the Guidance service from time to time. Access is not unlimited and may be subject to reasonable usage, scheduling availability, and service limits we set.

‍6.5.8 Written summaries/ suggestions
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Any written summaries, suggestions or recommendations provided via the App are educational and lifestyle in nature and are not medical advice or treatment plans. You remain responsible for consulting your GP or other qualified healthcare provider for medical decisions.

‍6.5.9 Refunds
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Except where required by law (including under the Australian Consumer Law),Guidance subscription fees are non-refundable and change-of-mind refunds are not available once a billing period has commenced. Any refunds provided outside of the Australian Consumer Law are at Vively’s discretion.

6.6 Baseline Intro Offer Money Back Guarantee

6.6.1 Guarantee offer

Vively offers a refund of $99 (representing the equivalent of one month's Full Membership at the standard advertised price) where, after Vively has arranged a Baseline Health Test Referral for the member in their first month of Membership and the resulting blood test has been completed, every biomarker reported in the member's final test results falls within the laboratory's standard reference ranges as reported on the result. This guarantee applies only to Full Membership at the standard advertised price, applies to one Baseline Health Test Referral per member, and does not apply to anyother product, service, or Membership fee. The guarantee refund amount is fixed at $99 regardless of the billing period elected (monthly, quarterly or annual).
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6.6.2 Eligibility

To be eligible for this guarantee, the customer must:
a. have purchased a Full Membership at the standard advertised price (onany billing period) and have, in the first month of that Membership, made use of a Baseline Health Test Referral arranged by Vively;
b. have completed that test and received their final results;
c. every biomarker in those final results falls within the laboratory's standard reference ranges as reported on the test result; and
d. submit a refund claim to Vively within 14 days after the date the final results are made available to the customer.

6.6.3 Exclusions

This guarantee does not apply to:
a. any Membership fee paid at any price other than the standard first-month Membership price;
b. any repeat, follow-up, additional, replacement, or subsequent monthly Membership fees,
c. any add-ons, upgrades, consultations, memberships, shipping fees, or other products or services; or
d. any claim submitted outside the 14-day claim period.

6.6.4 How to claim
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To make a claim, the customer must contact Vively through the designated support channel and provide any information reasonably requested by Vively to verify eligibility, including proof of purchase and the relevant test order details.

6.6.5 Refund amount
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If a claim is approved, Vively will refund the $99 paid for the eligible first-month Membership fee to the original payment method where reasonably possible.

6.6.6 Verification and misuse

Vively reserves the right to verify claims and reject claims that are incomplete, late, fraudulent, abusive, or otherwise not made in accordance with these terms.

6.6.7 Australian Consumer Law

This guarantee is provided in addition to, and does not limit, exclude, or replace, any rights or remedies a customer may have under the Australian Consumer Law. Where a customer has rights under the Australian Consumer Law (including the consumer guarantees in the ACL), those rights apply regardless of whether a claim under this clause 6.6 is made or successful.

7. Expiry & Safe Use of CGMs

Use CGM sensors within their stated expiry date and store according to manufacturer instructions. Using expired sensors can cause inaccurate readings; Vively is not liable for outcomes from expired or improperly used sensors.

8. Pricing & Payment

When your annual subscription renews, the same package configuration you originally selected (App access plus your chosen Pack) will renew automatically at the current price for that configuration shown on our website at the time of renewal, unless you modify or cancel before renewal.

You agree to pay according to the prices displayed on our website and at checkout for your selected Pack(s) and any optional add‑ons at the time of purchase or renewal. Additional items not included in your Pack are charged separately.

You must maintain at least one valid payment method. You authorise us to charge any saved payment method if the primary method fails. We may suspend access for non‑payment until a valid payment is processed.

We may vary prices or plan structures on 30 days’ notice. Changes apply on the next renewal. Prices include GST unless otherwise stated. Your payment provider may charge additional fees (e.g., foreign transaction fees).

8A. Payment Methods

To use the Vively Services, you must maintain one or more valid Payment Methods on your account. By providing a Payment Method, you authorise Vively to charge that method for all applicable fees and renewals associated with your subscription or purchases.

If your primary Payment Method is declined, expired, or otherwise unavailable, you authorise us to charge any other valid Payment Method linked to your account to recover outstanding amounts. You remain responsible for any unpaid balances.

If payment cannot be successfully processed and you do not cancel your account, Vively may suspend access to your Services until a valid payment is received. Subscription periods and renewal dates are not extended due to payment delays.

Some Payment Methods may incur additional charges from the issuing bank or payment provider (for example, foreign transaction fees or currency conversion costs). Local tax charges may also vary depending on your location and the Payment Method used. Please check with your payment provider for details.

By maintaining an active subscription, you confirm that you are authorised to use the nominated Payment Method and agree to keep it current.

9. Auto‑Renewal & Cancellation

9.1 Auto-Renewal

Membership: Membership auto-renews monthly, quarterly or annually on the anniversary day of your Membership commencement. Cancellation stops future renewals; you retain access until the end of your then-current paid period. No change-of-mind refunds are available for the current paid period, except where required by law.

Annual Packs: Annual Packs auto-renew annually on theanniversary of original purchase. We will provide written notice prior to each renewal. Cancellation stops future renewals; you retain access to the App and any unfulfilled shipments or tests within the current paid year until that year ends. No change-of-mind refunds are available once the current year has been billed, except where required by law.

9.2 Coaching subscription (Legacy)

For customers whose legacy Coaching Trial converted to a monthly subscription, billing occurs monthlyonce the trial converts. Cancel anytime to stop the next month’s charge. Fees are non‑refundable for the current month, except where required by law.

9.3 Cancellation mechanics

You may cancel any Vively membership or subscription at any time. Cancellation may be effected by:
●     using the cancellation function in your Membership settings within the App;
●     contacting Vively support at contact@vively.com.au with a clear request to cancel; or
●     any other cancellation method we publish from time to time.

Cancellation takes effect immediately upon receipt or processing. We will confirm cancellation by email. If you do not receive a confirmation email within two business days of requesting cancellation, please contact us — your cancellation request may not have been received. Cancellation does not entitle you to a pro-rata refund of any current paid period unless required by the Australian Consumer Law or otherwise stated in these Terms.

Summary Acknowledgement

By purchasing a Vively offering (including any CGM Pack, Blood Test Pack, or Coaching subscription), you confirm that:

• You understand and accept the pricing structure and renewal terms displayed at checkout.
• You acknowledge that, once purchased, annual subscription packages are non-refundable except where required by law (for example, in the case of a major product failure).
• You understand that your subscription will automatically renew on the anniversary of your purchase at the then-current price for your selected configuration, unless cancelled before the renewal date.
• You agree to maintain a valid payment method on file and authorise Vively to process renewal payments in accordance with these Terms.
• You acknowledge that Vively is a wellness platform and does not provide medical advice or treatment.

10. Shipping, Fulfilment & Logistics

• Title and risk transfer on delivery to your provided address.
• You are responsible for providing accurate shipping details and safely storing received products.
• Delivery and scheduling timeframes are estimates only. We may adjust shipment or testing windows based on stock, manufacturer expiry windows, laboratory capacity, or public holidays.
• We are not liable for delays beyond our reasonable control (e.g., courier, laboratory, regulatory, or force majeure events).

11. Returns, Replacements & Faulty Goods

By purchasing any Vively product or subscription, you agree to and are bound by our Returns Policy, which forms part of these Terms and is available on our website. In summary: We comply with the Australian Consumer Law (ACL). Change‑of‑mind returns are not accepted for CGMs or blood test kits for hygiene/safety reasons. Contact us promptly with photos, batch numbers, and description if a fault arises.

You are deemed to have read and accepted our Returns Policy when making a purchase through Vively.

12. Important Disclaimers (No Medical Advice)

Vively is not a medical provider and does not offer medical advice, diagnosis or treatment. All App content and Coaching are educational and lifestyle in nature. Always seek advice from your GP or healthcare provider for medical decisions. In emergencies, call 000.

Certain services, devices or features may only be available in specific regions. Availability is as displayed on the website or App for your location and may change.

Separate Telehealth Terms apply for any doctor consultations (not part of these Terms).

12A. Consent to Receive Services

By purchasing or using any Vively product or Service, you acknowledge that the Services have been explained to you and that you understand their nature, limitations, and purpose. You consent to receive the Services on the following basis:

• Educational Purpose Only – Vively provides lifestyle insights and educational content designed to help you understand your metabolic health. This may include the use of Continuous Glucose Monitors (CGMs), blood testing, and behavioural coaching. These insights are for general wellness and education and do not constitute medical advice, diagnosis, or treatment.
• Not a Substitute for Medical Care – Vively is not a replacement for your GP or other qualified healthcare provider. You should seek medical advice before making any changes to your diet, medication, or exercise routine, and follow up with your healthcare provider for ongoing management of any condition.
• Variable Duration and Effectiveness – The duration and effectiveness of the Services may vary depending on your health status, engagement, and selected subscription period. We do not guarantee specific results or outcomes.
• Suitability and Appropriateness – We do not warrant that the Services are suitable for your individual medical or health circumstances. In some cases, an in-person consultation may be more appropriate.
• General vs Specific Information – Where Vively provides specific information or instructions relating to your purchased Service, that information will prevail over any general or promotional content on our website or marketing materials.

12B. Health Insurance Cover and Rebates

If you hold private health insurance, you may be eligible for a rebate or benefit for certain components of the Services (such as coaching programs).

Eligibility, rebate amounts, and claim processes depend entirely on your individual policy and insurer.

Vively:

• makes no representation or warranty regarding your eligibility for any rebate, benefit, or reimbursement;
• is not responsible for confirming your cover, lodging, or managing any claim with your insurer; and
• will not provide refunds, credits, or payment extensions where your insurer declines, delays, or fails to provide a rebate.

It is your responsibility to confirm eligibility and rebate availability with your insurer before purchasing or renewing any Vively product or Service.

13. Third‑Party Devices & Services

CGMs and associated apps are provided by third parties under their own terms and warranties. You must review and follow those terms. Vively is not responsible for third‑party hardware, compatibility, outages or inaccuracies.

13A. Links & Third-Party Information

The Vively website, App, and communications may include links to third-party websites, products, or information. These are provided for convenience only and are not maintained, controlled, or operated by Vively.

To the maximum extent permitted by law, Vively:

• makes no representations or warranties about the accuracy, completeness, legality, suitability, or quality of any third-party information or resources;
• disclaims all responsibility and liability for any loss or damage arising from your reliance on, or use of, third-party links or content; and
• does not endorse, recommend, or approve any third-party website, product, service, or information linked or referenced within our Services.

Your use of third-party links and resources is at your own risk and subject to those parties’ own terms and privacy policies.

14. Privacy & Health Data

Please ensure that you have read and considered our Privacy Policy, which forms part of these Terms.

By accessing and/or using the Vively website, app and/or Services, you agree and consent to the collection, use, disclosure and storage of your personal and health information in accordance with our Privacy Policy and the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).

We may collect, use and disclose personal information about you — including sensitive health information — for the purpose of providing and improving our Services. This may include sharing your information with trusted third-party providers, such as laboratories, device manufacturers, fulfilment partners and IT service providers, only where reasonably necessary to provide or support the Services.

You acknowledge that Vively is an online platform and that the provision of Services may involve disclosure of your personal information to overseas locations for data processing or technical support purposes.

You may choose to share your health data (such as glucose data, logs or behavioural data) with practitioners or other third parties through the platform at your discretion. Once shared, Vively does not control or accept liability for how those third parties use or store that data.

Any in-app coaching messages or consultations are considered private between you and your coach. We will not disclose these communications unless you provide explicit consent or we are legally required to do so (for example, where there is a serious safety risk or a court order).

We also use cookies and similar technologies to personalise and enhance your experience, improve content delivery, and analyse usage patterns. By using our website or app, you consent to this use as outlined in our Privacy Policy.

14A. Sharing of Health Data

You may choose to share your health data (e.g. glucose readings, HRV, heart rate, food or behaviour logs) with practitioners, healthcare providers, or health businesses (“Practitioners”) via the Vively platform or through exports or integrations. By doing so, you acknowledge and agree that:

• Voluntary Sharing – You share such information voluntarily and at your own risk. Vively does not monitor, control, or supervise the transmission, storage, or further use of information once it is shared.
• Responsibility and Risk – You are solely responsible for ensuring the accuracy, integrity, and confidentiality of any information you choose to share. You assume full responsibility for, and release Vively from, any loss, damage, or harm that may result from your sharing or the actions of third parties.
• Practitioner-to-Practitioner Sharing – Practitioners may share information you provide within their own teams or practices (for example, among other registered healthcare providers in the same clinic). Vively does not control or audit such internal sharing.
• No Liability – To the maximum extent permitted by law, Vively and its related entities, officers, employees and agents disclaim all responsibility and liability for any use, disclosure, or handling of your health data by third parties, including Practitioners.
• Indemnity – You agree to indemnify, defend, and hold harmless Vively and its related entities from all claims, losses, or liabilities arising from your decision to share data with Practitioners or other third parties.
• Legal Compliance – You warrant that any sharing of health data will comply with applicable privacy and health information laws. You should review and understand the privacy practices of any Practitioner with whom you choose to share your data.

14B. Confidentiality of In-App Consultations

Messages, chat history, and other communications you exchange with your assigned Vively health coach through the App are considered private between you and that coach.

These communications are not automatically visible to referring practitioners, external health providers, or Vively staff who are not directly involved in your care or in the technical operation of the platform.

We will only disclose the content of your in-app consultations if:

• you request or consent in writing for us to do so; or
• disclosure is required by law, necessary to protect your safety or the safety of others, or otherwise permitted under the Privacy Act 1988 (Cth).

15. Service Availability

We intend that the Vively website, App and Services are generally available 24 hours a day, seven days a week, however availability may be interrupted from time to time for maintenance, upgrades, technical issues, or other development activity.

The operation and availability of the systems used for accessing the Services — including telephone networks, computer systems, cloud infrastructure, and the internet — can be unpredictable and may occasionally interfere with or prevent access. Vively is not responsible or liable for any such interference, delay, or inability to access the Services arising from circumstances outside our reasonable control.

If the Services need to be interrupted for longer periods than we would normally expect, we will use reasonable endeavours to publish or otherwise communicate advance notice via the website, App, or other communication channels.

Nothing in this clause guarantees uninterrupted or error-free operation of the Services, and you acknowledge that temporary unavailability may occur without notice.

16. Acceptable Use

You must use the Services lawfully, respectfully, and only for personal, non-commercial purposes. You agree not to commit or permit any act that is unlawful, inappropriate, or prohibited by these Terms or any applicable law, including (without limitation):

• Privacy and personal data breaches – uploading, sharing, or disclosing any private or personal information about another person without their consent;
• Defamation and harassment – using the website, App, or Services to defame, libel, harass, abuse, stalk, threaten, or otherwise cause harm or offence to any person, including Vively staff;
• Malicious content – uploading or transmitting files, code, or material containing viruses, malware, or any other harmful components that could disrupt or damage the Services or third-party systems;
• Offensive or unlawful content – posting or transmitting material that is defamatory, obscene, threatening, pornographic, racist, discriminatory, or otherwise unlawful or offensive;
• Security interference – attempting to access, probe, or interfere with the security or integrity of the website, App, networks, or any related systems;
• Commercial misuse – using the Services for advertising, solicitation, or commercial gain without our written consent.

Vively reserves the right, at its sole discretion and without notice, to remove, edit, or restrict access to any information or content that we believe breaches these Terms or is otherwise inappropriate, unlawful, or harmful.

16A. Disclosures & User Responsibilities

It is your sole responsibility to determine that the Vively website, app and/or Services meet your individual needs and are suitable for the purposes for which you intend to use them.

You remain solely responsible for complying with all applicable privacy, health, and other laws relevant to your use of the Services. Where you use the Services in a professional or regulated context, you must ensure your use is compliant with all applicable professional or legal requirements.

You are also responsible for maintaining back-ups of any information or data you store or upload through the Services. Vively is not responsible for loss of data due to device failure, network disruption, time-zone shifts, or user error.

You must use the Services only for lawful and intended purposes, in accordance with these Terms and any notices or guidelines published by Vively.

16B. Practitioner and Business Use

The Vively website, App, and Services are designed and licensed for personal, non-commercial use only. Use of the Services for business, professional, or clinical purposes is not permitted under these Terms.

If you wish to use Vively as a Practitioner, clinic, or health business, you must register separately and accept the Practitioner & Health Business Terms and Conditions (B2B), available on our website.

Vively reserves the right to restrict, suspend, or terminate access where it reasonably believes the Services are being used for business or professional purposes under a consumer account.

Consumer protections under the Australian Consumer Law (ACL) apply only to eligible personal consumers and not to professional or business users.

17. Intellectual Property & User Content

All Intellectual Property Rights (including copyright, trademarks, trade secrets, software code, user interfaces, data visualisations, and content) in the Vively website, App, and Services are owned by Vively Health Pty Ltd or its licensors.

Your access to and use of the Services does not grant you any ownership, rights, title, or interest in or to the App, website, or content.

17.1 Licence to Use

Vively grants you a personal, non-exclusive, non-transferable, revocable licence to access and use the App and view its content strictly for your personal, non-commercial use, subject to these Terms. You must not:

• reproduce, adapt, modify, distribute, or publicly display any part of the App or its content;
• copy or use our layout, design, software, or code; or
• decompile, disassemble, reverse-engineer, or attempt to derive source code from any part of the Services.

You may not reproduce, republish, upload, post, transmit, or otherwise distribute any material from the Services for commercial purposes without our prior written consent.

17.2 User Content

By uploading, posting, transmitting, or otherwise making available any material (including text, data, images, audio-visual content, or other information) through the App or Services (excluding personal health data), you:

• Ownership & Licence Grant – retain ownership of your content but grant Vively a worldwide, irrevocable, non-exclusive, royalty-free licence (with the right to sub-license) to use, reproduce, adapt, publish, translate, distribute, and display such content for the purpose of operating, maintaining, improving, and promoting the Services.
• Lawfulness of Content – must not submit any content that:

• is illegal, unlawful, defamatory, misleading, or offensive;
• infringes the intellectual property rights or privacy rights of any person; or
• could give rise to civil or criminal liability for you, Vively, or any third party.

• Right to Remove – Vively reserves the right (but not the obligation) to remove, edit, or disable access to any user content that it reasonably believes breaches these Terms or any applicable law.

You are solely responsible for your content and acknowledge that Vively acts as a passive conduit for its publication

17.3 Restrictions and Retained Rights

All rights not expressly granted to you are reserved by Vively and its licensors.

All other use, copying, or reproduction of the App, Content, or any part of it is prohibited except as permitted by law.

17A. Ownership and Use of User Data

Title to, and all intellectual property rights in, any data, information, or materials you upload, input, or otherwise provide through the Vively website, App, or Services remain your property.

You grant Vively a non-exclusive, worldwide, royalty-free licence to use, copy, transmit, store, back-up and otherwise process such data solely for the purpose of:

• operating, maintaining, improving and supporting the Services; and
• fulfilling our obligations under these Terms and as described in our Privacy Policy.

We do not claim ownership of your personal or health data. Your data is handled in accordance with our Privacy Policy and applicable privacy laws.

18. Warranties, Liability & Indemnities

To the maximum extent permitted by law, including the Australian Consumer Law (ACL):

• The Services, App and website are provided “as is” and “as available”, without any express or implied warranties or representations.
• We make no warranty that the Services will be uninterrupted, error-free, secure, current, accurate, or free of viruses, malware, or other harmful components.
• All implied warranties, conditions, and terms, whether statutory or otherwise, are excluded to the fullest extent permitted by law.

You agree to waive, release, discharge and relinquish any and all claims you now have or may have against Vively, its related entities, directors, employees or agents, arising from or in connection with your use of the Services.

You indemnify and hold Vively harmless against all losses, damages, liabilities, taxes, costs and expenses (including legal costs) incurred by Vively arising from:

• your use of or access to the Services;
• any breach of these Terms;
• any negligence, fraudulent or dishonest conduct, or misuse of your account (including by others using your login credentials).

Vively provides a wellness and lifestyle platform only. We do not provide medical or health services. Where our Services involve or refer to third-party hardware, software, or laboratories (including CGM manufacturers), you agree that such third-party products and services are governed by their own terms of use. Vively is not responsible for any loss or damage arising from their use or performance.

Where liability cannot be excluded under the ACL, it is limited to re-supplying the Services or replacing/refunding the product.

18A. Information Accuracy and Liability Disclaimer

The information provided on the Vively website, App and through the Services is general in nature and provided for informational and educational purposes only.

While we use reasonable efforts to maintain accuracy and currency, the content is not comprehensive, may contain typographical or technical errors, and may change without notice.

We make no warranty or representation that any information made available through the website, App or Services will be complete, accurate, up-to-date or suitable for your individual circumstances.

You are responsible for verifying any information before relying on it and for monitoring updates.

Your access to and use of the website, App and Services is at your own risk.

We are not responsible for any interference with, or damage to, your own computer systems, devices, or data occurring in connection with use of the website, App or Services. You must take your own precautions to ensure that whatever you access is free of viruses, worms, Trojan horses or other malicious code.

We are not responsible or liable for the conduct, omissions or information supplied by any third party (including device manufacturers, laboratories, couriers or practitioners).

To the maximum extent permitted by law, you agree that the limitations of liability in these Terms represent a fair and reasonable allocation of risk between you and Vively.

19. Suspension & Termination

We may, at our absolute discretion, suspend or terminate your access to the Vively App, website, or Services (in whole or in part) immediately, without liability, if:

• you provide false, inaccurate, or misleading information when registering or using the Services;
• you breach any material term of these Terms and fail to remedy that breach within 5 business days after receiving notice from us;
• you breach confidentiality or privacy obligations, or misuse another person’s personal information;
• you engage in offensive, abusive, threatening, or unlawful conduct towards any other user, practitioner, or Vively staff; you fail to make payment for any product or service when due;
• you misuse the Services, attempt to disrupt or interfere with their operation, or use them for unlawful or non-personal purposes; or
• you breach any applicable law or regulation in connection with your use of the Services.

We may also suspend or restrict access temporarily for maintenance, security, or compliance reasons.

If your access is terminated, all rights granted to you under these Terms will cease immediately, but your obligations (including payment obligations and any indemnities) will continue.

Termination or suspension does not limit any other rights or remedies we may have under law or equity.

20. Dispute Resolution

If you have a concern or complaint about the performance of these Terms or the Services, please contact us first at contact@vively.com.au.

You must allow us reasonable time to review your concern, determine a possible solution, and notify you of our proposed outcome.If the dispute is not resolved within 20 days, the parties agree to the following procedure:

1. Written Notice of Dispute – The complainant must give the other party written notice outlining:
   
   (a) the nature of the dispute;
   (b) the outcome sought; and
   (c) the action believed necessary to resolve it.
2. Initial Good-Faith Meeting – Within ten (10) business days of receiving the notice, the parties will meet (in person or electronically) in good faith to attempt to resolve the dispute by agreement.
3. Mediation – If the dispute cannot be resolved at the Initial Meeting, either party may refer the matter to mediation in New South Wales.
   
   If the parties cannot agree on a mediator within five (5) business days, the mediator will be appointed by the Law Society of New South Wales.
   
   The mediator will decide the time and place for mediation, and both parties must participate in good faith.
4. Any attempts to resolve a dispute under this clause are made without prejudice to any other rights or entitlements of the parties under these Terms, at law, or in equity.

21. Notices

We will send notices or other required communications to you by email to your registered address or via in-App messages.

You must ensure that your contact details and account information are accurate, current and kept up to date at all times, and promptly update them if they change.

Notices are deemed received when sent electronically, even if not read.

22. Other Terms

Availability of the Vively App may depend on your App Store or Google Play region.

It is your responsibility to ensure that your device, operating system, and app-store account (including country or region settings) allow you to download and access the Vively App before purchasing any Vively product or subscription.

Vively is not responsible or liable for refunds or compensation where you are unable to access or download the App due to incorrect regional settings, account restrictions, or app-store availability outside of supported regions.

You acknowledge that changes in time zone or travel between countries can disrupt or interfere with the accuracy, syncing, or functionality of CGM and related app data. Vively does not warrant that data collection or sensor performance will remain accurate when used across time zones, and we recommend that users do not use CGM sensors if travelling to a different time zone. Vively is not responsible for errors, gaps or inaccuracies in data arising from time zone changes, travel, or related device behaviour.

We may assign or transfer our rights and obligations under these Terms. You may not assign yours without our written consent.If any provision of these Terms is invalid, it will be replaced with one that best reflects the original intent, and the remainder will continue to apply.

Additional General Provisions

These Terms, together with our Privacy Policy and any other documents expressly incorporated, constitute the entire agreement between you and Vively regarding the Services and supersede all prior understandings.

A delay or failure to exercise any right or power is not a waiver of that right or power.

A person who is not a party to these Terms has no right to enforce or benefit from any of their provisions.

These Terms survive termination of your account to the extent necessary to give effect to their intent

22A. Force Majeure

Neither Vively nor you will be liable for any delay or failure in performance (except payment obligations) caused by circumstances beyond a party’s reasonable control, including acts of God, natural disasters, war, pandemics, labour disputes, supply chain disruptions, government restrictions or network failures. Obligations are suspended during the event, and we will use reasonable efforts to notify you of major impacts.

23. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the non‑exclusive jurisdiction of NSW courts.

Contact us: contact@vively.com.au