Terms of Use

This End User License Agreement (Agreement or Terms) is a binding contract between you (User or you) and ZoeLabs Pty Ltd (ABN 26 701 262 679) (Company, we, us, or our).

Please read these terms carefully before using this application. By using the app or subscribing, you agree to be bound by these terms.

You accept these Terms by tapping “Accept & Continue” when prompted, or by downloading, accessing, or using the App. If you do not agree to these Terms, you must not download, access or use the App.

Definitions and interpretation

In these Terms, unless the context requires otherwise:

• App or Application means the CaseSafe mobile application and any related software, updates and documentation we make available;
• Apple means Apple Inc.;
• Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth);
• Content means any data, notes, images, files, metadata or other material you store, sync, export or share using the App;
• Privacy Policy means our privacy policy available at zoelabs.app/privacy, as updated from time to time;
• Recovery Code has the meaning given in Part A; and
• Subscription means an auto-renewing subscription to paid features of the App.

Headings are for convenience only and do not affect interpretation. A reference to legislation includes any amendment to or replacement of it. The words include and including are not words of limitation.

Part A: Security and Responsibility Agreement

Important: this section affects your legal rights and data security.

End-to-end encryption and zero-knowledge architecture

CaseSafe protects your data using strong, industry-standard encryption. All encryption and decryption processes happen locally on your device.

If you choose to enable iCloud syncing, your content (notes, images, and their metadata) is transmitted to and stored on Apple’s servers only in encrypted form. Sync records also carry limited technical metadata (such as a device identifier, device name, and app version) that is not part of your content.

“Zero-knowledge” means we do not possess, store, or have access to your data, passwords, or encryption keys. Your encryption credentials never pass through us. Where your vault key is secured by your device, it is protected by iCloud Keychain, Apple’s end-to-end encrypted keychain service.

We have no technical ability to access, decrypt, recover, or reset your data under any circumstances.

You are the sole custodian of your encryption credentials.

No method of electronic storage or transmission is completely secure. While we use industry-standard encryption, we do not warrant that the App or its encryption cannot be circumvented, and we are not liable for unauthorized access resulting from matters beyond our reasonable control, subject to your non-excludable rights.

Recovery Code and permanent data loss

Because we cannot access your encrypted data, loss of credentials results in irreversible data loss.

You must generate and securely store a Recovery Code. The App gives you the opportunity to do so during onboarding, but you remain solely responsible for generating and safeguarding it.

The Recovery Code is the ONLY method of restoring access if your password is forgotten or biometric authentication fails.

Failure to retain your Recovery Code will result in permanent loss of access to your data if your primary password is forgotten or biometric authentication fails.

We are not responsible or liable for data loss resulting from lost credentials or failure to safeguard the Recovery Code.

User responsibility and compliance

You are solely responsible for the data you store.

You represent and warrant that you own, or have all rights, consents and authority necessary to store, sync, export and share your Content using the App, and that your Content and your use of the App do not infringe the rights of any person or breach any law.

You agree to de-identify any stored information where required by applicable laws, regulations, or professional standards. This application is designed as a personal organization tool, not a compliant electronic health record (EHR) or legal case management system.

The application’s redaction features, including automated detection of names and other confidential information, are assistive tools only. They operate on a best-effort basis and may fail to identify or fully obscure confidential information. Automated detection is never a substitute for your own review: you are solely responsible for visually verifying that every redaction is complete and correct before saving, exporting, or sharing any note, image, or document. We accept no liability for confidential information that remains visible or recoverable in content you export or share.

You are solely responsible for ensuring compliance with all applicable privacy, data protection, and professional regulations (e.g. GDPR, HIPAA).

We do not act as a “Business Associate” under HIPAA, nor a “Data Processor” under the GDPR. CaseSafe is a personal organization tool, not a certified compliance system. You agree not to store identifiable protected health information (PHI) or highly sensitive personal data subject to strict regulations (like HIPAA or GDPR) unless you have legally de-identified it first.

This application is not a medical device and is not intended for diagnosis, treatment, or clinical decision-making. It is not certified as a medical, legal, or regulatory record-keeping system and makes no such guarantees.

You acknowledge that CaseSafe is a tool for data security and organization; the responsibility for meeting specific industry professional standards (such as maintaining original medical records or legal chains of custody) remains with you.

The App is not intended for use in any situation where failure, delay or inaccuracy could lead to death, personal injury, or serious physical, environmental, financial or reputational harm. You must not rely on the App as your sole record of any critical information, and you must maintain independent backups of anything you cannot afford to lose.

Disclaimer of warranties and limitation of liability

The application is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, express or implied, except as set out in this section.

Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can lawfully be limited, our liability is limited, at our election, to resupplying the affected services or paying the cost of having them resupplied.

To avoid doubt, nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

Other jurisdictions. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and our liability is limited to the maximum extent permitted by applicable law. Nothing in these Terms limits any non-waivable rights you have under the consumer protection laws of your country of residence.

Subject to the two paragraphs above:

We disclaim all liability for data exposure resulting from improper de-identification, user error, device compromise, or unauthorized access.

We disclaim liability for data loss caused by hardware failure, operating system behavior, lost credentials, or backup restoration issues.

We shall not be liable for any indirect, incidental, special, or consequential damages, or for loss of profits, revenue, or business opportunity, arising from use of, or inability to use, this application.

Our total aggregate liability arising out of or in connection with these Terms or the application (whether the liability arises in contract, tort (including negligence), under statute, in equity or otherwise), however arising, is limited to the total subscription fees you paid to us in the 12 months preceding the event giving rise to the claim.

Device security and backups

You are responsible for maintaining the physical and digital security of your device, including your iCloud account credentials and strong device authentication.

Encrypted device backups may include application data; restoring from unencrypted backups may permanently remove required encryption keys, requiring your Recovery Code to regain access.

Deleting the application from your device does not automatically delete your active iCloud sync vault or exported backup files. You are responsible for managing your storage and manually deleting your remote cloud data from within the app settings if you wish to permanently destroy your data.

Part B: Standard Terms of Use

Acceptance of terms

By accessing or using this app (“Application”), you agree to comply with these Terms of Use and any applicable laws. If you do not agree, do not use the app.

Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use this Application. By using the app, you represent and warrant that you have the legal capacity to enter into a binding contract.

You also represent and warrant that: (a) you are not located in, and are not a national or resident of, any country subject to comprehensive economic sanctions or embargoes administered by Australia or the United States, and you are not a person with whom dealings are prohibited under any applicable sanctions or export-control laws; and (b) if you use the App on behalf of an organization, you have authority to bind that organization to these Terms, in which case “you” includes that organization.

Subscription terms and auto-renewal

The Application offers auto-renewing subscriptions. Pricing and any applicable free trial periods are displayed in the Application at the time of purchase.

Payment will be charged to your Apple ID account at confirmation of purchase or at the end of the free trial period.

Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.

You can manage and cancel your subscriptions by going to your Account Settings on the App Store after purchase. Any unused portion of a free trial is forfeited upon purchase of a subscription.

All payments are processed by Apple; we never receive or hold your payment details and cannot issue refunds directly. Refund requests are made to Apple and handled under Apple’s refund process and applicable law.

Prices are inclusive of applicable taxes unless stated otherwise. If we change the price of a Subscription, Apple will notify you and, where required, seek your consent before the change takes effect; if you do not agree to the new price, you may cancel before the next renewal. Except where you have non-excludable rights under the Australian Consumer Law or other applicable law, all fees are non-refundable.

License to use the App

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to download and use the App on Apple-branded devices that you own or control, for your own personal or internal business use. We reserve all rights not expressly granted to you. This license ends automatically if you breach these Terms, and is subject to the Apple-specific terms below.

Security and Responsibility Agreement

Your use of the Application is also governed by the Security and Responsibility Agreement (Part A above), including obligations related to your encrypted data, Recovery Code, and device security. By accepting the Terms of Use, you acknowledge and agree to abide by the Security and Responsibility Agreement.

User content

You are solely responsible for any content you store or share through the Application.

You may not use the Application to store, transmit, or distribute illegal, harmful, or infringing content.

Because of the application’s zero-knowledge design, we cannot see, review, or moderate your content. If we become aware that your use of the Application violates these Terms or applicable law, we may suspend or terminate your access to the Application (see the Termination clause below), but we have no ability to access or delete your encrypted content.

Intellectual property

All content, designs, graphics, software, and logos in the Application are the property of ZoeLabs or its licensors.

You may not copy, modify, distribute, or create derivative works without express written permission.

All trademarks, logos and brand features associated with the App and CaseSafe are owned by us or our licensors, and nothing in these Terms grants you any right to use them.

If you provide us with any feedback, suggestions or ideas about the App, you assign to us all rights in that feedback or, to the extent an assignment is not effective, grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose, without any obligation to you.

Prohibited use

You agree not to:

• Reverse engineer, decompile, or attempt to extract source code.
• Circumvent security measures or attempt unauthorized access.
• Use the Application for unlawful or unauthorized purposes.
• Upload, store, sync, export or share any Content that is unlawful, infringing or defamatory, or that you do not have the right to store or share.
• Use the App to store, transmit or distribute child sexual abuse material or any other content that is illegal to possess or distribute. We have zero tolerance for such use and, where we become aware of it and are legally required or permitted to do so, we may report it to law enforcement or the relevant authorities.
• Introduce any malware, or interfere with or compromise the security, integrity or availability of the App or its systems.
• Use the App to process another person’s personal or confidential information without the authority to do so.
• Use the App in breach of any export-control or sanctions law, or resell, rent, sublicense or commercially exploit the App, or circumvent the App Store in-app purchase system.

Export control and sanctions

The App and its underlying technology may be subject to export-control and sanctions laws, including those of Australia and the United States. You must comply with all such laws. You must not use, export or re-export the App except as those laws permit, and you confirm that you are not located in an embargoed country or on a restricted-party list. Encryption functionality in the App may be subject to additional controls in some countries, and you are responsible for compliance in your jurisdiction.

Disclaimer of warranties

The Application is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied. We do not guarantee uninterrupted or error-free use, or that data will always be recoverable.

Limitation of liability

To the maximum extent permitted by law, and subject to the Australian Consumer Law and other-jurisdictions provisions in Part A (which apply to this section equally), we shall not be liable for any indirect, incidental, consequential, or special damages arising from your use of, or inability to use, the Application, and our total aggregate liability is limited as set out in Part A.

Indemnification

To the maximum extent permitted by law, and subject to your non-excludable rights under the Australian Consumer Law, You agree to indemnify, defend, and hold harmless us, our affiliates, and respective officers and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) brought by a third party to the extent arising out of:

your violation of these Terms;

your breach of any privacy laws, professional regulations, or third-party rights; or

content you store, export, or share using the Application. This indemnity does not apply to the extent a claim arises from our own breach of these Terms, negligence, or willful misconduct.

Termination

We may suspend or terminate your access if you materially violate these Terms, or if we discontinue the Application or are required to do so by law.

We may also suspend or terminate your access immediately, without notice, if we reasonably believe your use of the App is unlawful, poses a security risk, or exposes us or any other person to liability.

If we terminate your access for a material violation of these Terms, no refund is issued except where required by law (including the Australian Consumer Law).

If we discontinue the Application, we will give reasonable advance notice where practicable so you can export your data. Any refunds are handled by Apple under its refund process and applicable law.

Termination or expiry of a subscription does not remove your access to data already stored on your device: the Application continues to let you unlock, view, and export your existing content. Exported files and backups you already hold remain yours. Because of the application’s zero-knowledge design, we cannot delete or withhold your encrypted content. Note that the Application is required to read data synced to your iCloud or stored in encrypted backups; we recommend keeping regular exports of anything you cannot afford to lose.

Privacy

Your privacy is important to us. Our collection, use and handling of personal information is described in our Privacy Policy at zoelabs.app/privacy, which forms part of these Terms.

Because of the App’s zero-knowledge design, we do not have access to the Content you store; we handle only the limited technical metadata described in the Privacy Policy.

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles and, where applicable, other privacy laws. Data you sync to iCloud or store in device backups is also subject to Apple’s terms and privacy policy.

Third-party services and platforms

The App relies on services provided by third parties, including Apple and iCloud. We are not responsible for the acts, omissions, availability or security of those third-party services, and your use of them is governed by their own terms. Subject to your non-excludable rights, any loss of access, delay or data loss caused by a third-party service is not our responsibility.

Governing law and dispute resolution

Informal resolution

Before commencing any formal proceeding, you agree to first contact us at support@zoelabs.app and to attempt in good faith to resolve the dispute informally within 60 days.

Users in Australia

If you are resident in Australia, these Terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Victoria.

Users in the United States

If you are resident in the United States, these Terms are governed by the laws of the State of Delaware, and, except as set out below, any dispute will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court.

Class action and jury waiver

To the extent permitted by law, you and we agree that any dispute will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective or representative proceeding, and each party waives any right to a jury trial.

Exceptions

Either party may bring a claim in a small claims court, and either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Opt-out

You may opt out of the arbitration agreement and class waiver above by notifying us at support@zoelabs.app within 30 days of first accepting these Terms.

Other users

If you are resident outside Australia and the United States, these Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of its courts.

Nothing in this clause limits any non-excludable rights or remedies you have under the Australian Consumer Law or the mandatory consumer laws of your country of residence.

Changes to terms

We may update these Terms from time to time, for example to reflect changes in the law or in the Application’s features. The current version, with its effective date, is always available in the Application and at zoelabs.app.

If we make material changes, we will present the updated Terms in the Application and ask you to accept them before you continue using it; material changes will not apply to you retrospectively.

If you do not accept the updated Terms, you may stop using the Application and cancel your subscription via your App Store account settings.

Assignment

We may assign, novate or transfer our rights and obligations under these Terms, including in connection with a sale or reorganization of our business. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Force majeure

We are not liable for any failure or delay in performing our obligations that is caused by an event beyond our reasonable control, including outages of third-party services, telecommunications or internet failures, natural disasters, or acts of government, subject to your non-excludable rights.

Notices and communications

We may give you notices by in-app message, by email to the address associated with your Apple ID or account, or by posting in the App. You consent to receiving communications from us electronically. Notices to us must be sent to support@zoelabs.app.

Complaints

If you have a complaint about the App, please contact us at support@zoelabs.app and we will try to resolve it promptly. If you are in Australia, you also have rights under the Australian Consumer Law that are not affected by these Terms.

Severability and entire agreement

Severability

If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision is to be read down to the minimum extent necessary to make it valid and enforceable; if it cannot be read down, it is severed.

The remaining provisions continue in full force and effect.

A provision that is read down or severed in one jurisdiction remains fully effective in every other jurisdiction.

Entire agreement

These Terms, including the Privacy Policy and the Apple-specific terms below, constitute the entire agreement between you and us regarding the Application and replace any prior agreements, understandings, or representations between you and us about the Application.

Nothing in this section excludes or limits:

• liability for fraud or fraudulent misrepresentation;
• liability for misleading or deceptive conduct under the Australian Consumer Law; or
• any right you have, or any pre-contract information that forms part of our contract with you, under a law that cannot be excluded by agreement.

General

No waiver

a failure or delay in exercising a right is not a waiver of it.

Cumulative remedies

our rights and remedies are cumulative and in addition to those provided by law.

Relationship

nothing in these Terms creates any agency, partnership or employment relationship between you and us.

Third parties

except for Apple and its subsidiaries under the Apple-specific terms below, no person other than you and us has any right to enforce these Terms.

Survival

any clause which by its nature should survive termination or expiry, including clauses relating to intellectual property, disclaimers, limitation of liability, indemnity and dispute resolution, survives.

Interpretation

these Terms are not to be construed against a party merely because that party drafted them.

Contact

For questions about these Terms or the Application, please contact support@zoelabs.app.

Apple-specific terms

If you are accessing or using the Application on an Apple-branded device, the following additional terms apply:

• Acknowledgment. You and we acknowledge that this Agreement is concluded between you and us only, and not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the Application and the content thereof.
• Scope of license. The license granted to you for the Application is limited to a non-transferable license to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
• Maintenance and support. We are solely responsible for providing any maintenance and support services with respect to the Application. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
• Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
• Product claims. You and we acknowledge that we, not Apple, are responsible for addressing any claims of yours or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• Intellectual property rights. You and we acknowledge that, in the event of any third-party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Third-party beneficiary. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

By using the Application or subscribing, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.