1. Service description

FatigueGuard is a software-as-a-service (SaaS) platform that provides:

Real-time worker fatigue monitoring and risk assessment
Automated compliance reporting for Australian workplace safety regulations
An iOS mobile application ("the App") for worker pre-shift fatigue assessments, available via the Apple App Store
Alert and notification systems for supervisors and safety managers
Task and checklist management tools for safety-critical pre-work activities
Shift scheduling tools with fatigue risk awareness

2. Mobile Application

App Store distribution

The FatigueGuard iOS app is distributed through the Apple App Store. Your download and installation of the App is also subject to Apple's standard Licensed Application End User License Agreement (Apple EULA). In the event of any conflict between these Terms and the Apple EULA with respect to the App, these Terms shall govern to the extent permitted by Apple.

Apple Inc is not a party to these Terms and bears no responsibility for the App or its content. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. In the event that the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App.

Worker access via employer subscription

The App is designed for use by workers employed by organisations that subscribe to the FatigueGuard platform. Workers access the App using an organisation-scoped API key configured by the employer's administrator. Individual workers do not hold FatigueGuard accounts and are not parties to these Terms. The Account Holder (employer) is responsible for:

Configuring the App with the organisation's API key
Ensuring workers are informed of, and consent to, fatigue monitoring before using the App
Managing worker access, including revoking access when workers leave the organisation
Ensuring worker use of the App complies with applicable employment, WHS, and privacy legislation

Biometric data

The App optionally offers Face ID and Touch ID sign-in using Apple's LocalAuthentication framework. FatigueGuard does not access, collect, store, or process any biometric data.All biometric authentication occurs entirely within the device's Secure Enclave and is managed solely by Apple's operating system. FatigueGuard receives only a pass/fail result.

Offline functionality and local data

The App stores assessment results locally on the device when network connectivity is unavailable and syncs them automatically when connectivity is restored. Assessment history is stored on-device using iOS Data Protection encryption. Workers can delete their locally stored data at any time via Settings → Clear My Assessment Data within the App.

3. Acceptable use

You agree to use the platform only for lawful purposes and in accordance with these Terms. You must not:

Use the platform to store or transmit unlawful, harmful, or fraudulent content
Attempt to gain unauthorised access to any part of the platform or other users' data
Reverse engineer, decompile, or disassemble any part of the software
Resell or sublicence access to the platform without our written consent
Use automated systems to scrape or extract data from the platform
Interfere with or disrupt the integrity or performance of the platform
Use the platform to monitor workers in a manner that violates applicable privacy, employment, or workplace safety legislation

Worker consent obligations

You (the Account Holder / employer) are responsible for:

Obtaining all necessary consents from workers before enrolling them in fatigue monitoring through the platform, in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs)
Providing workers with a copy of FatigueGuard's Privacy Policy (available at fatigueguard.com.au/privacy) or equivalent notice before their first fatigue assessment is recorded
Documenting worker consent and making records available to FatigueGuard on reasonable request
Ensuring that workers are informed of their right to access their own fatigue assessment data under APP 12 and applicable WHS health monitoring regulations

You indemnify FatigueGuard against any claims, regulatory action, or liability arising from your failure to obtain appropriate worker consent or to provide required privacy notices to workers.

4. Data processing

FatigueGuard processes personal information (including worker fatigue assessment data) on your behalf as a data processor. The following terms govern that processing:

Instruction-based processing: We process worker data only on your instructions and in accordance with these Terms and our Privacy Policy
Sub-processors:We use the following sub-processors to deliver the service: Supabase (database, Australia region), Amazon Web Services (compute, Australia region), Clerk Inc (authentication, USA), Vercel Inc (web hosting, USA), and Resend Inc (email delivery, USA). We will provide at least 14 days' notice of any material changes to sub-processors
Breach notification:We will notify you within 72 hours of becoming aware of any data breach affecting your workers' personal information, so that you can comply with your obligations under the Notifiable Data Breaches scheme
Individual access requests:We will assist you in responding to workers' requests to access or correct their personal information within the timeframes required by the Privacy Act
Data return and deletion: Upon termination, you may export your data in standard formats for up to 30 days. After that period, data is deleted in accordance with our retention schedule, except where retention is required by law

5. Data ownership

You own your data. This means:

All data you input into FatigueGuard — including worker records, assessment results, and compliance reports — remains your property
You grant us a limited licence to store, process, and use your data solely to provide and improve the service as described in our Privacy Policy
We will never sell your data to third parties
Compliance reports generated by the platform are records of assessments conducted. They are not a guarantee of regulatory compliance and do not replace professional legal or safety engineering advice

6. Intellectual property

The FatigueGuard platform and iOS application, including all software, designs, algorithms, and documentation, are owned by Vero Investments Pty Ltd and are protected by Australian and international intellectual property laws. These Terms do not grant you any rights in our intellectual property beyond the right to use the platform and App during your subscription period.

"FatigueGuard" and associated logos are trademarks of Vero Investments Pty Ltd. Nothing in these Terms grants you any right to use our trademarks without prior written consent.

7. Disclaimer of warranties

The platform and App are provided "as is" and "as available". To the maximum extent permitted by law:

We do not warrant that the platform or App will be error-free, uninterrupted, or secure at all times
FatigueGuard is a decision-support tool and is not a substitute for professional workplace safety management, legal advice, or human judgement. No automated system can guarantee the detection of all fatigue risk. Organisations remain solely responsible for their duty of care under WHS legislation and any obligations under the Chain of Responsibility provisions of the Heavy Vehicle National Law.
The compliance reports and records generated by the platform assist with documentation only — they do not constitute legal advice, do not guarantee compliance with any specific regulation, and must be interpreted by qualified safety, legal, or HR professionals.
We are not a party in the Chain of Responsibility under the Heavy Vehicle National Law and make no representation that use of the platform satisfies any specific Chain of Responsibility obligation.
We are not liable for any failure to prevent an incident if the platform was used in good faith in accordance with these Terms.
To the extent permitted by applicable law, Apple Inc expressly disclaims all warranties with respect to the App, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of liability

To the maximum extent permitted by the Australian Consumer Law and applicable legislation:

Our total aggregate liability to you for any claims arising from use of the platform is limited to the fees you paid to us in the 12 months preceding the event giving rise to the claim
We exclude liability for indirect, incidental, special, or consequential loss, including loss of profits, data, or goodwill
Apple Inc's total liability to you under the Apple EULA in respect of the App is limited to AUD $1.00 (or the price paid for the App, if any)

Nothing in these Terms excludes liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, or rights under the Australian Consumer Law that cannot be contracted out of.

9. Indemnification

You agree to indemnify FatigueGuard and Apple Inc against claims, losses, and expenses (including legal fees) arising from: (a) your use of the platform or App in breach of these Terms or applicable law; (b) your failure to obtain worker consent as required under section 3; or (c) your use of the platform's compliance outputs without appropriate professional review.

10. Third-party claims (App Store)

In accordance with Apple's requirements, FatigueGuard (not Apple) is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

11. Intellectual property infringement claims

In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, FatigueGuard (not Apple) is solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.

12. Termination and suspension

We may suspend or terminate your access to the platform immediately if:

You breach these Terms and fail to cure the breach within 14 days of notice
You fail to pay subscription fees and do not remedy the non-payment within 7 days
We reasonably believe your use of the platform creates legal, regulatory, or reputational risk for FatigueGuard or for workers whose data is held on the platform
We are required to do so by law

You may terminate your account at any time through your account settings or by contacting us.

13. Governing law

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or your use of the platform will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

14. Force majeure

Neither party will be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from circumstances beyond that party's reasonable control, including natural disasters, acts of government, power failures, internet or telecommunications outages, or other force majeure events. The affected party must notify the other promptly and use reasonable efforts to resume performance.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated to account administrators at least 30 days before they take effect. Continued use of the platform after that date constitutes acceptance of the updated Terms.

16. General

Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and FatigueGuard with respect to the platform and supersede all prior agreements and understandings
Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force
No waiver: Failure by either party to enforce any right under these Terms will not constitute a waiver of that right
Notices: Legal notices to FatigueGuard must be sent by email to legal@fatigueguard.com.au and are deemed received on the next business day. Notices to you will be sent to the email address registered on your account
Apple relationship: You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the App, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

17. Contact

For questions about these Terms, contact us at:

Email: legal@fatigueguard.com.au
Post: Vero Investments Pty Ltd t/a FatigueGuard, Woodbridge Tasmania 7162, Australia

Terms of Service