Terms of Service

These Terms of Service ("Terms") are an agreement between you and Derek Ho, trading as Empirica Logic (ABN 44 784 262 084) ("we", "us", "our") governing your use of Throughline and its related apps and features (the "Service").

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.

Effective date: 5 July 2026 · Last updated: 5 July 2026

1. The Service

Throughline is a private work tracker that helps you capture your work, record evidence‑backed impact, connect it to your goals, and generate performance‑review write‑ups in your own voice. The Service is early‑stage software and evolves quickly; features may change, be added, or be removed.

2. Eligibility and your account

• You must be at least 16 years old and able to form a binding contract.
• The Service is currently invite‑only. You're responsible for the activity under your account and for keeping your password secure. Tell us promptly if you suspect unauthorised access.
• One person per account, unless we agree otherwise. Don't share your login.

3. Your content

• You own your content. You keep all rights to the work you put into the Service — your tasks, impacts, evidence, goals, and write‑ups ("Your Content"). We claim no ownership of it.
• You grant us a limited licence to host, store, process, transmit, and display Your Content solely to operate and provide the Service to you (for example, to store it, show it back to you, and — when you ask — send selected content to an AI provider to generate a draft). This licence exists only so the Service can function, and it ends when you delete the content or your account, subject to short‑lived backups.
• You are responsible for what you upload. You confirm you have the right to store it in the Service. Because impact records and evidence can contain confidential information about your employer or others, you're responsible for ensuring your use complies with your own confidentiality, employment, and legal obligations. If you must keep certain content off third‑party servers, use the local‑model AI option (see section 5).
• We don't use Your Content to train AI models, and we don't sell it.
• If you send us feedback or suggestions, we may use them to improve the Service without obligation to you. Feedback isn't Your Content.

4. Acceptable use

Don't use the Service to:

• break the law, or infringe anyone's rights (including IP or privacy rights);
• upload malware, or content that is unlawful, harassing, or abusive;
• attempt to access other users' data, probe or breach security, or bypass access controls;
• scrape, resell, or provide the Service to third parties as your own;
• reverse‑engineer or copy the Service except to the extent the law permits; or
• place unreasonable load on, or otherwise disrupt, the Service.

We may suspend or terminate accounts that violate these rules (see section 12).

5. AI features

• The Service can generate draft impact statements and write‑ups. You choose how the AI is powered: our managed AI, your own API key, or a local model on your own machine. Each option's privacy implication is explained in the app and in our Privacy Policy.
• If you use your own API key or provider, you're responsible for your use of that provider, for any fees it charges you, and for complying with that provider's terms.
• AI output is generated automatically and may be wrong, incomplete, or misleading. It is a drafting aid, not advice. You are responsible for reviewing, editing, and deciding whether to use any output — especially anything you submit in a real performance review. We don't warrant the accuracy of AI output, and you own the drafts you keep.

6. Plans, billing, and refunds

• The Service is currently offered free of charge while invite‑only. No paid plans or billing are active at the time these Terms take effect.
• We expect to introduce paid plans. When we do, the price, what's included, and the billing terms will be shown to you before you subscribe, and these Terms will be updated. Nothing here obliges you to pay for anything you haven't purchased.
• When paid plans launch, unless stated otherwise at the point of sale:
  • subscriptions renew for successive periods until cancelled;
  • cancelling is as easy as subscribing — you can cancel anytime in the app and keep access until the end of the paid period;
  • price changes only take effect from your next renewal, and we'll notify you in advance so you can cancel first; and
  • fees already paid are non‑refundable except where required by law (including the Australian Consumer Law) or where we say otherwise in a specific offer.

7. Third‑party services

The Service relies on third‑party providers (for example, hosting, database, email, and — if you choose — AI providers). Your use of any third‑party service through the Service may be subject to that provider's own terms, and we're not responsible for third‑party services we don't control.

8. Availability and changes

We aim to keep the Service available and reliable, but we don't guarantee it will be uninterrupted or error‑free. We may modify features as the product evolves. If we discontinue the Service entirely, or remove something material to how you use it, we'll give you reasonable advance notice where practicable — at least 30 days for a full discontinuation — and a way to export Your Content.

9. Disclaimers

Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the ACL or any other law that cannot lawfully be excluded. Where legislation (including section 64A of the ACL) permits us to limit our liability for breach of such a guarantee — and only to that extent — our liability is limited, at our option, to re‑supplying the service or paying the cost of having it re‑supplied.

Subject to the above: to the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied (including merchantability, fitness for a particular purpose, and non‑infringement). We don't warrant that the Service will meet your requirements or that results (including AI output) will be accurate or reliable.

10. Limitation of liability

To the maximum extent permitted by law, and subject to section 9:

• we are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or business, arising from or related to the Service; and
• our total liability for all claims relating to the Service is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the claim, or (b) AUD $100.

You're responsible for keeping your own copies of anything important; export options are described in our Privacy Policy.

11. Indemnity

To the extent permitted by law, you agree to indemnify us against claims, losses, and costs arising from your misuse of the Service, your breach of these Terms, or Your Content infringing someone else's rights or breaching your obligations to a third party (such as an employer confidentiality obligation). This indemnity doesn't apply to the extent we caused or contributed to the relevant loss.

12. Termination

• You can stop using the Service and delete your account at any time.
• We may suspend or terminate your access if you materially breach these Terms (where a breach can reasonably be fixed, we'll normally give you a chance to fix it first), if required by law, or if we discontinue the Service (with the notice described in section 8).
• On termination, your right to use the Service ends. Unless the law prevents it or you've already deleted your account, we'll give you a reasonable opportunity to export Your Content. Sections that by their nature should survive (e.g. content licence wind‑down, disclaimers, liability limits, indemnity, and governing law) survive termination.

13. Changes to these Terms

We may update these Terms as the Service evolves — for example, when we add features or plans, or to reflect legal requirements. Changes are not retroactive. If a change is material, we'll notify you (in‑app or by email) at least 14 days before it takes effect, so you can review it — and if you don't accept it, you can stop using the Service and delete your account before it applies to you. Minor changes (clarifications, new‑feature descriptions) take effect when posted, with an updated "Last updated" date.

14. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia, and you and we submit to the non‑exclusive jurisdiction of the courts of that state. Before starting formal proceedings, please contact us so we can try to resolve the issue directly.

15. General

• Assignment. You may not transfer your account or these Terms to anyone else without our consent. We may assign or novate these Terms and our rights and obligations under them — for example, to a company we incorporate as part of a business restructure, or in connection with a merger or sale of the Service — provided your rights under these Terms are not reduced. We'll notify you of any such transfer.
• Severability. If part of these Terms turns out to be invalid or unenforceable, that part is severed and the rest continues to apply.
• Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Service. Nothing in this clause limits any right you have under the ACL or other law.
• No waiver. If we don't enforce a right under these Terms, that's not a waiver of it.

16. Contact

Questions about these Terms: derek@empiricalogic.com.au.