Terms of Service

Last Updated: January 14, 2025 | Effective Date: January 14, 2025

1. The Service

1.1 What StillMatters Is

StillMatters is a private, local-only journaling app developed by ZYMPHIX PTY LTD, designed for helpers (social workers, volunteers, healthcare workers, etc.) to log small daily wins for emotional sustainability and burnout prevention.

1.2 What StillMatters Is NOT

• ❌ Not a replacement for professional mental health care
• ❌ Not a clinical tool or medical device
• ❌ Not therapy or counseling
• ❌ Not for storing Protected Health Information (PHI) or client data
• ❌ Not HIPAA-compliant as a Business Associate
• ❌ Not a backup or cloud storage service

2. Your Use of StillMatters

2.1 Permitted Use

You may use StillMatters to:

• ✅ Log your personal moments and wins
• ✅ Track your emotional wellbeing
• ✅ Reflect on your work and impact
• ✅ Practice self-care through the breathing exercises

2.2 Prohibited Use

You may NOT use StillMatters to:

• ❌ Store client names, diagnoses, or Protected Health Information
• ❌ Record confidential information that violates privacy laws
• ❌ Store information about identifiable third parties
• ❌ Use for any unlawful purpose
• ❌ Attempt to reverse engineer or modify the App
• ❌ Circumvent any security features

2.3 Your Responsibility

You are responsible for:

• What you choose to write in your entries
• Keeping your device secure
• Not entering confidential client information
• Complying with your profession's ethical guidelines
• Using the Emergency Erase feature if needed

3. Privacy & Data

3.1 No Data Collection

We do not collect, store, or transmit any of your data. Everything stays on your device. See our Privacy Policy for complete details.

3.2 Your Data Ownership

You own all the data you create in StillMatters. It's yours, stored on your device, under your control.

3.3 Data Deletion

You can delete all your data at any time using the Emergency Erase button. We cannot recover deleted data because we never had it in the first place.

4. Intellectual Property

4.1 Our Rights

StillMatters, including its design, code, graphics, and content, is owned by ZYMPHIX PTY LTD and protected by copyright, trademark, and other intellectual property laws of Australia and international conventions.

4.2 Your License

We grant you a limited, non-exclusive, non-transferable, revocable license to use StillMatters for personal, non-commercial purposes.

You may NOT:

• Copy, modify, or distribute the App
• Reverse engineer or decompile the App
• Remove copyright or trademark notices
• Use the App's name or branding without permission

4.3 Proprietary Software

StillMatters is proprietary, closed-source software. The source code is confidential and not available for public use, modification, or distribution.

5. Disclaimers

5.1 Not Medical or Clinical Advice

StillMatters is a self-reflection tool, NOT a medical device or clinical application.

If you're experiencing burnout, compassion fatigue, depression, anxiety, or suicidal thoughts, please seek help from a qualified mental health professional immediately.

Crisis Resources:

• Australia: Lifeline - 13 11 14 | Beyond Blue - 1300 22 4636
• US: National Suicide Prevention Lifeline - 988
• US: Crisis Text Line - Text HOME to 741741
• UK: Samaritans - 116 123
• International: Find resources at findahelpline.com

5.2 Not Professional Tools

StillMatters is not designed for:

• Clinical documentation
• Case management
• Client record-keeping
• Billing or insurance purposes
• Compliance with professional standards

Do not use StillMatters as a substitute for proper professional documentation systems.

5.3 "As Is" Service

STILLMATTERS IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

ZYMPHIX PTY LTD is NOT liable for:

• Any damages arising from your use of StillMatters
• Loss of data (though data stays on your device)
• Any indirect, incidental, or consequential damages
• Any harm to your mental or physical health
• Professional consequences of your entries
• Device malfunctions or data loss

Your sole remedy if you're unsatisfied with StillMatters is to stop using it and delete the App.

Some jurisdictions don't allow limitation of liability, so these limitations may not apply to you.

7. Indemnification

You agree to indemnify and hold harmless ZYMPHIX PTY LTD, its directors, officers, employees, and agents from any claims, damages, or expenses (including legal fees) arising from:

• Your use of StillMatters
• Your violation of these Terms
• Your violation of any laws or regulations
• Content you enter into the App

8. Changes to the Service

8.1 Updates

We may update StillMatters to:

• Add new features
• Fix bugs
• Improve performance
• Ensure compatibility with new devices

Updates are optional, but we recommend keeping the App current.

8.2 Service Changes

We reserve the right to:

• Modify features
• Discontinue the App (with notice)
• Change these Terms (with notice)

We will NEVER compromise your privacy or start collecting data without explicit consent and advance notice.

9. Changes to These Terms

We may update these Terms if:

• Legal requirements change
• We add new features
• We need to clarify our policies

Notice of Changes:

• We'll update the "Last Updated" date above
• Significant changes will be announced in-app
• Continued use after changes means you accept the new Terms

10. Termination

10.1 By You

You can stop using StillMatters anytime by:

• Deleting the App from your device
• Using the Emergency Erase button to delete all data

10.2 By Us

We may terminate your access if you:

• Violate these Terms
• Use the App unlawfully
• Attempt to hack or exploit the App

11. Governing Law & Jurisdiction

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, without regard to conflict of law provisions.

Any disputes will be resolved in the courts of Western Australia, and you consent to the exclusive jurisdiction of those courts.

11.1 Dispute Resolution

Any disputes will be resolved through:

1. Good faith negotiation
2. Mediation (if negotiation fails)
3. Courts of Western Australia

12. International Users

StillMatters is available globally. By using the App outside Australia, you agree to comply with local laws and these Terms.

13. Miscellaneous

13.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and ZYMPHIX PTY LTD.

13.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

13.3 No Waiver

Our failure to enforce any right doesn't waive that right.

13.4 Assignment

You may not transfer your rights under these Terms. We may assign our rights to a successor or affiliate.

13.5 Language

This agreement is in English. Translations are for convenience only; the English version controls.

14. Acknowledgments

By using StillMatters, you acknowledge that:

• ✅ You've read and understood these Terms
• ✅ You agree to be bound by these Terms
• ✅ You understand StillMatters is not medical advice
• ✅ You will not enter confidential client information
• ✅ You are responsible for your device's security
• ✅ You understand all data stays on your device
• ✅ You can delete all data anytime

15. A Note from ZYMPHIX PTY LTD

🌿 StillMatters - Private. Safe. Yours. 🌿

These Terms were written to be clear and honest. If anything is confusing, please contact us. We're here to help.