Software License Agreement (EULA)

This Software License Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and Onethird Technology Pty Ltd (“Onethird,” “we,” “us,” or “our”) for the use of the Onethird mobile application, including the SERA model and any associated software, updates, and online services (collectively, the “App”).

By downloading, installing, or using the App, you agree to be bound by the terms of this Agreement. If you do not agree, do not use the App.

Grant of License

Onethird grants you a personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the App on a mobile device owned or controlled by you, strictly for your personal, non-commercial purposes in connection with the SOMA hardware.

Restrictions on Use

You agree that you will not, and will not permit any third party to:

• Decompile or Reverse Engineer: Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App (including the SERA model and its algorithms).

• Modify: Modify, adapt, improve, or create derivative works from the App.

• Redistribute: Rent, lease, lend, sell, redistribute, or sublicense the App.

• Circumvent: Remove, alter, or obscure any proprietary notice (including copyright or trademark notices) of Onethird or its affiliates.

Intellectual Property Rights

The App, including its localised AI models (SERA), code, interface, and design, is the valuable intellectual property of Onethird Technology Pty Ltd. You acknowledge that no title to the intellectual property in the App is transferred to you. All rights not expressly granted are reserved by Onethird.

Privacy and Data Collection

Your use of the App is subject to the Onethird Privacy Policy. You acknowledge that:

• On-Device Processing: The SERA model processes data locally on your device to ensure privacy and stability.

• Anonymized Data: Periodically, the App may transmit de-identified, technical data to our servers to improve our algorithms. This data cannot be linked to your identity.

• User Input: While you may remain anonymous, providing accurate age, sex, and weight data within the App is necessary for the optimal performance of the SOMA sensors.

No Medical Advice

SOMA and the Onethird App are not medical devices. * The App provides sleep tracking and optimization insights for general wellness purposes only.

• It is not intended to diagnose, treat, cure, or prevent any medical condition or sleep disorder.

• Always seek the advice of a qualified healthcare provider with any questions regarding a medical condition.

Termination

This Agreement is effective until terminated by you or Onethird. Your rights under this license will terminate automatically without notice if you fail to comply with any terms. Upon termination, you must cease all use of the App and delete all copies.

Limitation of Liability

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

• The App is provided “AS IS” and “AS AVAILABLE.”

• Onethird shall not be liable for any incidental, special, indirect, or consequential damages whatsoever arising out of or related to your use of or inability to use the App.

• In no event shall our total liability to you for all damages exceed the amount paid for the SOMA hardware.

Governing Law

This Agreement is governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts in Melbourne, Victoria, for any dispute arising out of this Agreement.

Contact Information

Onethird Technology Pty Ltd 

Email: legal@onethird.tech

Address: Level 2, 700 Swanston Street, Carlton VIC 3053