In both our Terms & Conditions and Privacy Policy the following definitions apply: 

  1. “Account” means the formal arrangement by which a person, corporation, entity or User accesses the Boundlss Platform.
  2. “Account Plan” means a specific configuration of Boundlss including the Feature set, Service levels and associated Fees, available for your Account.
  3. “Agreement” means the Privacy Policy and the Terms & Conditions, taken together.
  4. “API” means an application programming interface.
  5. “Application” means the web-based application we make available to the Subscriber subject to the licence provided by this Agreement.
  6. “Beta Feature” means a new or updated Feature that is subject to ongoing improvement, updating and enhancement.
  7. “Boundlss” means Floq Co. Pty Ltd (ACN 158 880 169) of 58-60 Duncraig Road, Applecross, Perth WA 6153, Australia, trading as Boundlss, including its principals, employees, agents, Services and Platform.
  8. Data” means any Information that is created or Published on or through Boundlss, or uploaded to our Servers.
  9. “Copyright Material” means material subject to copyright by operation of the Copyright Act 1968 (Cth).
  10. “Developed Technology” means any and all technology whether registrable or not, and whether a Patentable Invention or not, and whether Copyright Material or not, that is developed by Boundlss for the purposes of this Agreement or during the course of performing this Agreement.
  11. “Effective Date” means the date designated as such in the Quote or at the creation of an Account, on which the Agreement takes effect. 
  12. “Existing Technology” means any and all technology that existed prior to the making of this Agreement by the Parties.
  13. “Feature” means any distinguishing characteristic, option or functional capability available through Boundlss.
  14. “Fee” means any payment that the Subscriber has agreed to pay as outlined on our our Website, Application or Quotes and in the Terms & Conditions, and includes any part of the payment.
  15. “Information” means information in any format, whether written, electronic, symbolic, numeric, or textual, and whether in computer code or some other symbolic or cryptic formulation, or in some format that requires a device or Software to read or interpret the information, including without limitation: biometric information, Survey, documents, written text, formatting instructions, metadata, audio, images, photographs and videos. It includes your name, age, gender and contact details as well your health information and also Personal Information or Sensitive Information.
  16. “Intellectual Property” means all things in which Intellectual Property Rights exist.
  17. “Intellectual Property Rights” means any and all registered and unregistered intellectual property rights anywhere in the world, including without limitation all rights in the nature of: all copyright, trade secrets, patents, patent applications, trade marks, and design rights; the rights to own and/or use domain names and business names; and all neighbouring or proximate rights to the foregoing.
  18. “Party” means either Boundlss or the Subscriber, and “Parties” means both of them.
  19. “Patentable Invention” means a patentable invention within the meaning of the Patents Act 1990 (Cth).
  20. "Personal Information" means information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not; and whether the information is recorded in a material form or not.
  21. “Platform” or "Boundlss Platform" means collectively the Application, Software, Services, Website, API and Information we make available to the User subject to the licence provided by this Agreement.
  22. “Publish” means to prepare, produce, reproduce, transmit, distribute, publish or otherwise make available directly or indirectly, to any person (including us), Information and Data, including but not limited to publication by printing, exporting, email, social media, web link, embedded iframe, website pop-up or any other form of publication media (digital or physical).
  23. “Quote” means the page designated as such in a Proposal document, which outlines the Fees. 
  24. “Respondent” means any individual or entity that you Publish a Survey to, either directly or indirectly.
  25. "Sensitive Information" means:
    1. information or an opinion about an individual’s:
      • racial or ethnic origin; or
      • political opinions; or
      • membership of a political association; or
      • religious beliefs or affiliations; or
      • philosophical beliefs; or
      • membership of a professional or trade association; or
      • membership of a trade union; or
      • sexual orientation or practices; or
      • criminal record; that is also personal information; or
    2. health information about an individual; or
    3. genetic information about an individual that is not otherwise health information; or
    4. biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
    5. biometric templates.
  26. “Server” means a server, database, hosting facilities, or other storage service.
  27. “Service” or “Services” means the services as identified and described on our Website, Application or Quotes, that we make available to the Subscriber subject to the licence provided by this Agreement. Our services includes software products and services to aggregate and analyse health, fitness, wellness, communication, behavioural, and or other biometric information. Our software service also provides messages, notifications, reminders and behaviour change recommendations to individuals and organisations regarding these behaviours or biometrics. Ur Services also include but are not limited to: support forums; email and phone support; data hosting, transfer, usage and storage; Server setup and specific Third Party Services.
  28. “Software” includes the source code, object code, or underlying structure, ideas, or algorithms, and any associated files or procedures of a software program, sub-program or application.
  29. “Survey” means all surveys, polls, quizzes, questionnaires, questions, and tests created, distributed and responded to through Boundlss.
  30. “Subscription” means the series of monthly Fees paid to us by the Subscriber for the duration of the Subscription Term, in return for which we will make Boundlss available to the Subscriber subject to all conditions imposed by this Agreement
  31. “Subscription Commencement Date” means the date designated as such on our Website, Application or Quotes for the commencement of the Subscription. 
  32. “Subscription Renewal Date” means the date one Subscription Term forward from the Subscription Commencement Date, and thereafter means the future date to which the Renewal Date is extended by operation of clause 11.1 in our Terms & Conditions.
  33. “Subscription Term” means the period of time designated as such on our Website, Application or Quotes, unless extended or terminated by this Agreement.
  34. “Subscriber” or “Client” means the person, corporation or entity that has created an account on our Website, Application or, or named as the Client in the Quote, and includes all Users, employees, agents, principals, and other persons for whom this Agreement makes the Subscriber responsible or liable.
  35. “Third Party Services” means any third party service including but not limited to: websites, software and web applications; hardware and Server providers; connectivity and network providers; and data hosting, transfer, usage and storage services.
  36. “Use” means use, copy, Publish, publicly perform or display, distribute, modify, translate, and create derivative works.
  37. User” means an individual person, whether a principal, employee or other associate of the Subscriber, who is authorised in compliance with this Agreement to use Boundlss, and includes any person who assumes that person’s position within the Subscriber’s organisation.
  38. “We”, “Our”, “Ours”, or “Us” means Floq Co. Pty Ltd, trading as Boundlss, and includes the related bodies corporate of Boundlss, including its principals, directors, officers, employees, servants and agents.
  39. “Website” means the websites maintained by us namely:;;;;; and any other Floq or Boundlss branded or co-branded websites (including sub-domains, international versions, widgets and mobile versions).
  40. “Your Data” means any of your Data covered by Intellectual Property Rights - including any data created by a User, whether specifically authorised by you to do so or not – or any Information provided by a Respondent to one of your Surveys.
  41. “You” or “Your” means the Subscriber, Client or User, and in the case of our Privacy Policy a person in respect of whom we have collected personal information.