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Terms of use

Plus Ultra Innovations Pty Ltd (ACN 686 310 850) · Terms version 2026-10d, last updated 19 October 2026

These Terms are an agreement between you and Plus Ultra Innovations Pty Ltd (ACN 686 310 850), of Victoria, Australia ("we", "us"). They cover the Eliya app for iPhone and Android and the services behind it ("Eliya").

By creating an account you agree to these Terms and to the Privacy Policy at eliyafit.com/privacy. If you don't agree, don't use Eliya.

  • You must be 16 or older. Kai, the AI coach, is for people 18 or older, and Eliya checks this before Kai can be turned on. Food targets are not offered to people under 18.
  • You must give accurate details when you sign up, including your birth month and year, and keep your sign-in details secure.
  • One account per person. Accounts can't be transferred.
  • Eliya is offered in Australia first.

Eliya gives general fitness and nutrition information and tools to track your own training and eating. It is not a medical service and does not diagnose, treat, cure or prevent any disease, injury or condition. It is not a medical device.

  • Programmes, mobility routines, exercise descriptions, zones, records, food values, food targets and Kai's replies are general information. They aren't tailored medical, physiotherapy, dietetic or other health advice, and they don't replace it.
  • Check with a doctor, physiotherapist, dietitian or other qualified health professional before you start a new exercise or nutrition programme, especially if you have a health condition, an injury, an eating disorder or a history of one, are pregnant, or are returning from illness or surgery. Do the same before making any decision about your health.
  • Stop exercising and get medical help if you feel pain, dizziness, chest discomfort, or shortness of breath beyond what you'd expect. In an emergency in Australia, call 000.
  • Heart-rate, pace and power zones, energy and nutrient figures, food targets and GPS distances are estimates. They can be inaccurate.
  • Food targets are starting points, not advice for you personally. Suggested values come from what you enter and from Australia's general guidelines for healthy adults, and a number you type is your own choice. Eliya applies safety limits: it never sets an energy target below 5,000 kJ a day or below your estimated resting energy, doesn't offer weight-loss targets at a BMI under 20, and doesn't offer targets to people under 18. Targets aren't for managing a health condition. If you're working with a dietitian or doctor, follow their advice instead.
  • Food values come from public databases, packaging and what people type in. They can be wrong. Each food shows where its values came from.
  • Eliya is developed by clinicians. Using Eliya doesn't create a clinician–patient relationship with them or with us, and no clinician reviews your individual data.

Kai is an AI system. When you talk to Kai you are talking to software, not a person.

  • Kai is off until you turn it on, and only for people 18 and over. When it's on, Eliya sends a summary of your training and what you type to Anthropic, which provides the AI model Kai runs on. The Privacy Policy and the Meet Kai screen list exactly what is sent. Kai never receives your food logs.
  • Kai can be wrong. It may misread your data, leave things out, or give an answer that sounds confident but isn't right. Check anything important, and don't rely on Kai for decisions about your health or safety.
  • Kai doesn't give medical advice. It won't diagnose, prescribe rehabilitation, or change your training for pain or injury. It will tell you to see a professional.
  • Always check with a professional. Kai's replies are general information, not medical, physiotherapy, nutrition or other professional advice. Treat them with caution, check with a doctor or another qualified health professional before acting on anything that affects your health, and don't delay or ignore professional advice because of something Kai said. Every Kai screen carries this reminder.
  • Don't tell Kai sensitive information it doesn't need, such as medical conditions, medications, or other people's details.
  • Kai doesn't remember past conversations. It has a monthly allowance, and it may be unavailable at times.
  • If a reply is wrong, unsafe or offensive, use Report this reply. We review reports and use them to improve Kai's safety.
  • You're responsible for what you do with Kai's suggestions, including any workout you start from one.
  • You can turn Kai off any time in Profile › Privacy.
  • You own your data: the workouts, runs, food logs, recipes, notes and programmes you create ("your content").
  • You give us a licence to store, process, display and back up your content, only to run Eliya for you and as the Privacy Policy describes. The licence ends when you delete the content or your account, except for copies in short-term backups, which expire as the Privacy Policy states.
  • You can export your data or delete your account at any time in Profile › Privacy, or ask us without the app at eliyafit.com/delete-account.
  • We don't sell your data or use it for advertising.

When a food isn't in Eliya, you can add it, with its barcode, name, brand, serving size and nutrition values ("a food submission").

  • What you promise. You copy the details from real packaging or another source you're allowed to use, as accurately as you can. You don't add anything offensive, misleading or that infringes someone else's rights.
  • Accuracy. When you add a food, you confirm that its details are, as far as you know, copied accurately from the product's packaging.
  • What you can't add. Food names, brands and report notes can't include links, email addresses, phone numbers, or offensive or misleading words. We may refuse or change them.
  • Licence to us. You give Plus Ultra Innovations Pty Ltd a worldwide, royalty-free, perpetual, irrevocable licence to use, check, correct, adapt and include your food submissions in Eliya's food database, and to sublicense that food data to others as part of the database. We never attach your name to a food.
  • Sharing. In this version a food you add is visible only to you and our reviewers. If we later let people share foods with everyone, or contribute foods to Open Food Facts (an open food database published under the Open Database Licence), we'll ask you first, and the open licence that applies will be shown before you agree.
  • Moderation. We may check, correct, merge, reject or remove any food submission, and in a later version we may stop an account from sharing foods if it repeatedly adds false or offensive entries; that account can still log food privately. Every food in our shared database has Report a problem, and we aim to look at reports within 2 working days.

The Eliya app, its exercise library, programmes, mobility routines, text, design and the ensō logo belong to us or our licensors. We give you a personal, non-exclusive, non-transferable, revocable licence to use Eliya on devices you own or control, for your own non-commercial use, under these Terms and the rules of the store you downloaded it from.

Eliya's food data comes partly from others, credited in the app (Profile › About):

  • Food Standards Australia New Zealand, AUSNUT 2023, licensed under Creative Commons Attribution 4.0. FSANZ does not endorse Eliya.
  • Open Food Facts, made available under the Open Database Licence; individual contents under the Database Contents Licence.
  • USDA FoodData Central (public domain).

Their licences apply to their data as included in Eliya.

You may not copy, resell, or publish our programmes, library content or food database as your own, or use them to provide services to others, except where an open licence above lets you use that source's data directly from its publisher.

You agree not to:

  • break the law, or use Eliya to harm anyone;
  • access another person's account or data, or try to get around any security, limit or permission in Eliya;
  • reverse engineer, scrape, or overload Eliya or its servers, except as the law allows;
  • use Kai to produce unlawful, harmful, sexual, hateful or misleading content, or to try to make it ignore its rules;
  • upload malware or anything that infringes someone else's rights;
  • add false food data or log false data designed to mislead others or us;
  • use Report a problem to harass, or to report foods you haven't checked;
  • add foods in bulk, or with automated tools.

We may suspend or close an account that seriously or repeatedly breaks this section. Where it's reasonable, we'll warn you first and tell you why.

Eliya can connect to Apple Health on iPhone, Health Connect on Android and, where available, Strava. Those services are run by Apple, Google and Strava under their own terms and privacy policies. We aren't responsible for them, and they may change or stop working with Eliya. Strava activities are shown to you only and are never sent to Kai.

Eliya 1.0 is free, with no ads. There are no in-app purchases or subscriptions in version 1.0. Barcode scanning, food search, saved meals and recipes are part of the free app.

  • We may change, add or remove features. If we remove a major feature you rely on, we'll tell you in the app where it's reasonable to do so.
  • We may update these Terms. We'll give you at least 30 days' notice in the app or by email for changes that materially affect you, unless the change is needed sooner for legal or safety reasons. If you don't agree, you can stop using Eliya and delete your account before the change takes effect.
  • You can delete your account at any time in Profile › Privacy, or by following eliyafit.com/delete-account. It is deleted 7 days after you confirm, and you can cancel during that time by signing back in.
  • We may close your account under section 8, or if we stop offering Eliya. If we stop offering Eliya we'll give you at least 30 days' notice and a chance to export your data.

Nothing in these Terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or any other law that can't be excluded. That includes the consumer guarantees that services are provided with due care and skill, are fit for any purpose we tell you they're for, and are supplied within a reasonable time.

Where the law lets us limit our liability for a failure to meet a consumer guarantee, and the service isn't of a kind ordinarily acquired for personal, domestic or household use, our liability is limited to supplying the service again or paying the cost of having it supplied again.

Subject to section 13:

  • Eliya is provided as it is and as available. We work to keep it accurate, secure and running, but we don't promise it will be error-free or always available.
  • We aren't liable for loss that arises from relying on general fitness or nutrition information, food data or Kai's replies instead of getting professional advice, from services we don't control (such as Apple Health, Health Connect, Strava, or your network), or from events outside our reasonable control.
  • We aren't liable for indirect or consequential loss, except where the law says we must be.
  • Nothing in these Terms limits liability for death or personal injury caused by our negligence, or for fraud.

You're responsible for how you train and what you eat. Exercise carries a risk of injury. Choose loads, distances, holds and intensities that suit your fitness, and use proper equipment and a safe place, such as away from traffic when you run or ride with the app.

These Terms are governed by the law of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth courts sitting there. This doesn't take away any right you have to bring a claim where you live, if the law of your country gives you that right. If you live outside Australia, the consumer protection laws of your country that can't be excluded by agreement still apply to you.

Before going to court, please email hello@eliyafit.com so we can try to sort it out.

If you downloaded Eliya from the App Store, these Terms are between you and us, not Apple. In particular:

  • Acknowledgement. Apple is not a party to these Terms and isn't responsible for Eliya or its content.
  • Scope of licence. Your licence to use the app is limited to Apple-branded products you own or control, as the App Store's Usage Rules allow.
  • Maintenance and support. We, not Apple, are responsible for maintaining and supporting Eliya. Apple has no obligation to provide support for it.
  • Warranty. To the extent any warranty applies and isn't met, you may notify Apple, and Apple may refund the purchase price (if any). Otherwise, as between you and Apple, Apple has no warranty obligation for Eliya.
  • Product claims. We, not Apple, are responsible for any claims by you or a third party about Eliya, including product liability, failure to meet legal or regulatory requirements, and consumer protection, privacy or similar claims.
  • Intellectual property. If someone claims Eliya infringes their intellectual property, we, not Apple, are responsible for investigating and dealing with it.
  • Legal compliance. You confirm you aren't in a country subject to a US Government embargo or designated as "terrorist supporting", and aren't on any US Government list of prohibited or restricted parties.
  • Developer name and contact. Plus Ultra Innovations Pty Ltd, hello@eliyafit.com.
  • Third-party terms. You must comply with any third-party terms that apply when you use Eliya, such as your mobile network's.
  • Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If you downloaded Eliya from Google Play, Google's Play Terms of Service also apply to your use of Google Play. Google isn't a party to these Terms and isn't responsible for Eliya. We, not Google, provide support for Eliya.

  • If a court finds part of these Terms unenforceable, the rest still applies.
  • If we don't enforce a term straight away, we can still enforce it later.
  • We may transfer these Terms to a company that takes over Eliya, including a related company of ours, if your rights under them aren't reduced. We'll tell you if that happens.
  • These Terms and the Privacy Policy are the whole agreement between you and us about Eliya.

Plus Ultra Innovations Pty Ltd · ACN 686 310 850 · hello@eliyafit.com