Terms and Conditions

 TERMS AND CONDITIONS

THIS AGREEMENT IS MADE BETWEEN 

Catoptica Pty Ltd | ACN: 680 506 432 | 21 Hartley St, Coolbellup Western Australia 6163 ("Licensor")

- AND -

End User ("Licensee")

Herein (the "Parties")

1. DEFINITIONS AND INTERPRETATION

(a) Definitions

In this Agreement (including the recitals) unless the context otherwise requires:

AGREEMENT means this agreement and its schedule;

PRODUCT means the Catoptica as detailed in Schedule 1;

TERMS means the terms and conditions of this Agreement.

2. ACCEPTANCE

This Agreement is between you and the Licensor, and governs the Products made available to you. 

By checking the box before using the Product, you confirm that you understand and agree to engage with the Product in a manner consistent with its purpose as a sacred and interactive digital artwork, created for artistic, speculative, and contemplative engagement. You further agree that you:

(i) Have read, understood, and agree to be bound by this Agreement and the Disclaimers and Product risks included in this Agreement;

(ii) Agree to use the Product solely at your own risk (see Schedule 1 Product);

(iii) Acknowledge and accept that the outputs are symbolic, subjective, and open to personal interpretation, and that they may evoke a range of emotional or psychological responses — including discomfort, disturbance, embarrassment, emotional intensity, or other unexpected effects;

(iv) Agree to cease using the Product if at any time the outputs evoke distress, overwhelm, or any other emotional responses that feel harmful or destabilising; and

(v) Are granted a revocable, non-transferable, non-exclusive and limited licence ("Licence") strictly in accordance with the Terms of this Agreement.

If you do not agree, you must not use the Product.

3. LICENSE GRANT

(a) This Agreement entitles you to install and use the Product on a single mobile device, smartphone, or computer.

(b) This Agreement does not permit the installation of the Product on more than one mobile device, smartphone, or computer at any given time; unless you have a license for each separate device on which the Product is installed and run.

This license requirement extends to virtual machines, cloud instances, and containerised environments, where each distinct deployment or instance shall be considered a separate installation requiring its own license, including temporary copies made for caching or load balancing purposes.

4. LIMITATIONS

(a) Limitations on transfer

You may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Product.

(b) Limitations on use You may not:

(i) share the License with others;

(ii) permit the use, copying or installation of the Product by more than one device;

unless you hold multiple, validly, licensed copies.

You may not:

(iii) decompile, "reverse engineer", disassemble, or otherwise attempt to derive the source code for the Product; or

(iv) use the Product for commercial purposes without written permission by Catoptica Pty Ltd; or

(v) use the Product for any unlawful purpose or in violation of the Terms of this Agreement.

(c) Limitations on derived works

You may not modify the Product, create derivative works based upon the Product, or use information about the Product to develop any product having the same primary or similar function as the Product. This includes but is not limited to works that use and/or detect the electromagnetic signals for the purpose of generating text, sound, or colour outputs relevant or related to the lived experience of living entities.

(d) Limitations on alteration You may not:

(i) modify the Product or create any derivative work of the Product or its accompanying documentation, including but not limited to the Lexicon of the Soul which is included and utilised within the Product. Derivative works include but are not limited to translations of text outputs, and the alteration of any files in any portion of the Product;

unless you have the express written consent of Catoptica Pty Ltd.

(e) Limitations on copying

You may not copy any part of the product except to the extent that the licensed use inherently demands the creation of a temporary copy stored in the computer memory and not permanently affixed on storage medium.

(f) Anti-Circumvention 

You may not circumvent, disable, or otherwise interfere with any technical measures designed to protect the Product from unauthorized use, access, or disclosure. This includes, but is not limited to, encryption, obfuscation, authentication mechanisms, or any other security or licensing technologies embedded in the Product. 

(g) Any breach of the limitations set forth in this Section may constitute a material breach of this Agreement and entitle the Licensor to the remedies set forth in Section 9. 

5. OWNERSHIP

(a) Catoptica Pty Ltd retains all rights, title and interest, including all copyright and intellectual property rights, in and to, the Product and all copies thereof.

(b) The Catoptica: Lexicon of the Soul and algorithm contained within this Product are protected as a sacred digital artwork under international copyright laws, including but not limited to the Copyright Act 1968 (Cth). Users acknowledge that this work is intended for artistic, speculative, and contemplative use and agree to engage with it respectfully, acknowledging its symbolic, rather than functional, intent. 

(c) The Catoptica: Lexicon of the Soul and Catoptica algorithm were authored by Helah K Milroy, who retains full moral rights under the Copyright Act 1968 (Cth) and international copyright laws. These rights include the right to attribution, the right against false attribution, and the right to object to derogatory treatment, modification, or distortion of the work. Any unauthorized use, misrepresentation, or alteration of the work is strictly prohibited. 

(d) The intellectual property, including the Catoptica: Lexicon of the Soul and Catoptica algorithm, is exclusively licensed to Catoptica Pty Ltd for distribution, management, and enforcement of usage terms under this Agreement. This license does not transfer ownership or moral rights, but grants Catoptica Pty Ltd exclusive commercial rights subject to strict conditions of respectful engagement and adherence to its intended artistic, speculative, and contemplative use. Unauthorized use, modification, or commercial exploitation outside of this Agreement is strictly prohibited. 

(f) Use of the Product does not grant the Licensee any rights in or to the ceremonial systems, processes, cosmology, or cultural frameworks informing its development and utilised within The Catoptic Method. These remain the intellectual and moral property of the author, and no cultural, ceremonial, or spiritual rights are transferred or licensed by this Agreement. 

(g) The Product is intended as an expression of sacred creative practice and may form part of the Licensee's personal spiritual exploration. Nothing in this Agreement is intended to limit the Licensee’s right to engage with the Product as a form of private, symbolic, or contemplative expression. 

6. WARRANTIES, EXCLUSIONS, AND DISCLAIMERS

Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply guarantees, warranties, conditions, and impose obligations on Catoptica Pty Ltd and its subsidiaries, affiliates, and suppliers ("Implied Terms"). If these Implied Terms apply, Catoptica Pty Ltd's liability will be limited at its option to resupply, repair or replace the Product or the cost of such resupply, repair or replacement, to the extent permitted by law.

(a) Unless otherwise explicitly agreed to in writing by Catoptica Pty Ltd, subject to the Implied Terms, all representations, guarantees, conditions and warranties of any nature are expressly excluded.

(b)  Unless otherwise explicitly agreed to in writing by Catoptica Pty Ltd, subject to the Implied Terms

(i) The Product is offered 'as is' as a sacred and interactive digital artwork intended for artistic, speculative, and contemplative use. It is not designed to produce outputs that are scientifically validated or clinically tested, or to provide medical, diagnostic, or predictive information. All outputs are symbolic in nature and open to subjective interpretation. The Licensee accepts full responsibility for their engagement with and response to these outputs; 

(ii) Catoptica Pty Ltd makes no representation or warranty that the Product will meet the Licensee's expectations or that outputs will be accurate, reliable, or free from electromagnetic interference;

(iii) Catoptica Pty Ltd expressly disclaims all liability for physical, psychological, or emotional harm, offence, embarrassment, discomfort, damages, or any other consequences, including but not limited to damages arising from the Product's use or interpretation of its outputs;

(iv) The Product is not intended to diagnose, treat, cure, or prevent any medical or psychological condition. If you experience distress, discomfort, or mental health concerns while using the Product, please consult a qualified healthcare professional; 

(v) The Product is not intended to serve as prescriptive advice, factual instruction, or a guide for real-world decision making in legal, medical, or professional contexts. The Licensee is solely responsible for the interpretation of the outputs generated by the Product and accepts all risks associated with the Product's use and the users interpretations (see Schedule 1 Products below);

(vi) Catoptica Pty Ltd makes no representation or warranty that the Product will function correctly or be fully compatible with all mobile devices, hardware platforms, operating systems, hardware configurations, or electromagnetic environments. The Licensee acknowledges that performance may vary across devices due to factors including but not limited to, hardware differences, operating system versions, third-party software conflicts, and electromagnetic interference. The Product is provided 'as is,' and Catoptica Pty Ltd cannot guarantee uninterrupted or error-free performance across all environments. Catoptica Pty Ltd shall not be liable for any issues arising from device incompatibility, system updates, or hardware limitations, to the fullest extent permitted by law. 

(c) Nothing in this Agreement is intended to exclude, restrict, or modify rights under the Australian Consumer Law (ACL) or any other applicable consumer protection laws. 

(d) To the extent permitted by law, Catoptica Pty Ltd limits its liability to the repair, replacement, or resupply of the Product. 

(e) To the maximum extent permitted by law, the total aggregate liability of Catoptica Pty Ltd, its directors, officers, employees, agents, and contractors shall not exceed the total amount paid by the Licensee for the Product in the 12-month period immediately preceding the claim.

This limitation applies to:

• Any direct or indirect damages arising from the use of the Product, including but not limited to data loss, psychological impact, business interruptions, or product malfunctions.

• Any claims relating to misuse, misinterpretation, or reliance on the Product's outputs.

• Any claims related to software bugs, crashes, or electromagnetic interference affecting the Product’s performance.

This liability cap applies cumulatively across all claims and shall not be increased by multiple claims or incidents.

7. EXCLUSION OF DAMAGES

(a) Subject to any Implied Term, Catoptica Pty Ltd, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including loss of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.

(b) Catoptica Pty Ltd expressly disclaims all liability for any physical, psychological, or emotional harm, offence, embarrassment, discomfort, damages, or other consequences resulting from the user’s interpretation or emotional response to the Product's outputs. The Licensee acknowledges that the outputs are symbolic, subjective, and ceremonial in nature. By accepting this agreement, you acknowledge and accept the risks and limitations of using the app, including but not limited to those outlined in Schedule 1 Product.

(c) If the licensee is not willing to accept full liability for the risks associated with using the Product they should cease using the Product and uninstall it immediately (see Schedule 1 Product).

(d) If you experience intense emotional responses of any kind, please discontinue use and refer to the risks and disclaimers outlined in Section 1 and Schedule 1. 

8. LIMITATION OF LIABILITY

To the extent that the applicable jurisdiction limits Catoptica Pty Ltd's ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.

9. REMEDIES

(a) Any unauthorized use, reproduction, modification, distribution, display, or transfer of the Product, its text, or associated intellectual property shall constitute a material breach of this Agreement and may result in immediate termination of license rights and legal action. Catoptica Pty Ltd reserves the right to seek all available remedies, including injunctive relief and monetary damages for any infringement of its intellectual property rights. 

(b) The Licensee acknowledges that a breach of this Agreement may result in irreparable harm to the Licensor, for which monetary damages alone may be insufficient. The Licensor reserves the right to seek equitable relief, including but not limited to injunctive relief, in the event of such a breach. 

10. LICENSEE INDEMNITY

You will indemnify Catoptica Pty Ltd, its directors, officers, employees, agents and contractors in full against any liability, loss, harm, damages, costs and expenses as a result of or in connection with your use of the Product and the interpretation of its outputs, including but not limited to, any modification by you of the Product which causes the Product to infringe the intellectual property rights of a third party.

11. VARIATION OF TERMS

Catoptica Pty Ltd reserves the right to amend these Terms from time to time. Significant changes will be communicated through in-app notifications or posted on our website. Your continued use of the Product 30 days after an update or notification constitutes acceptance of the revised Terms. 

12. TERMINATION

Without prejudice to any other rights, Catoptica Pty Ltd may immediately terminate this Agreement, without refund or prior notice, if the Licensee:

(i) Fails to comply with the Terms of this Agreement;

(ii) Engages in disrespectful, unauthorized, or prohibited use of the Product;

(iii) Attempts to modify, commercialize, or misrepresent the Product or associated ceremonial practices; or

(iv) Infringes upon the intellectual property rights, moral rights, or licensing conditions established in this Agreement. 

Upon termination of this Agreement, you must immediately uninstall and delete all copies of the Product. Catoptica Pty Ltd reserves the right to retain any aggregated, non-personally identifiable data in accordance with its Privacy Policy. Personal data will be deleted within 30 days, except where required by law or as outlined in our Privacy Policy. 

13. ACCOUNT DELETION AND SUBSCRIPTION ACCESS

If you choose to delete your account using the in-app Delete Account function, all associated data and access will be permanently removed. This includes any active subscriptions, which will no longer be accessible through the app after deletion. Deleting your account does not automatically cancel your subscription. To avoid further charges, you must cancel your subscription directly through your app store's subscription management settings (e.g., Apple App Store or Google Play Store) before deleting your account.

14. GENERAL PROVISIONS

(a) Any provision of, or the application of any provision of this Agreement, which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

(b) Any provision of, or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

(c) The failure, delay, relaxation or indulgence on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right, or remedy.

(d) This Agreement contains the entire Agreement between the Parties and supersedes any previous understandings, commitments or agreements, oral or written.

(e) If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

(f) This Agreement shall be governed by and construed in accordance with the laws of Western Australia.

(g) Any dispute arising under or in connection with this Agreement may first be submitted to mediation, if mediation is unsuccessful within 90 days, either Party may pursue other legal remedies as allowed under Australian Consumer Law. Nothing in this section limits the consumer rights available under Australian Consumer Law. 

15. ELECTRONIC EXECUTION

The Parties agree that this Agreement is validly executed electronically. By checking the box confirming they have read and understood the Terms and Conditions, or by installing and using the Product, the Licensee agrees that these actions constitute their electronic signature, binding them to the Terms as if signed in writing. If the Licensee does not agree to the Terms and Conditions, they must uninstall the Product and refrain from using it. The Licensee acknowledges that electronic records of acceptance are sufficient to prove the existence of this Agreement under applicable digital signature laws. The Licensee further acknowledges that this Agreement is binding upon first use of the Product. 

SCHEDULE 1 PRODUCT

Name of Product: Catoptica

Product Details

The Product is intended as an interactive digital artwork for artistic, speculative, and contemplative use. 

The Product detects electromagnetic signals and uses them to generate text, color, and sound outputs selected from the Catoptica: Lexicon of the Soul—a curated database of over 31,000 words and phrases reflecting the emotional, psychological, and active states of living beings. 

The Relax feature integrates the soothing tones of crystal singing bowls, synchronized with color frequencies associated with the electromagnetic spectrum, providing users with an immersive experience to deepen their connection with the vibrational essence of their surroundings.

The Product is not designed to serve as a practical utility, advisory, or guidance tool in professional or real-world decision-making contexts. It does not conform to conventional standards of evidence or verification. The outputs are not intended to offer diagnostic, predictive, or empirically factual information. The outputs are open to subjective interpretation, and users are encouraged to approach it with discernment and use it respectfully. 

While Catoptica is a standalone sacred and interactive digital artwork, it is also used as a contemplative tool within The Catoptic Method — a distinct ceremonial performance practice. Users are encouraged to engage with the app with artistic respect.

Product Risks

Users should always use caution when using the app and interpreting its outputs.

(a) The Product has not been scientifically validated and is not intended for diagnostic, predictive, or factual use. The outputs are subjectively interpreted; 

(b) The Product outputs are not prescriptive or instructional. They should not be interpreted as providing instruction or recommendations for behaviour;

(c) The Product's outputs are selected by electromagnetic signals and may be influenced by electromagnetic interference;

(d) The Product's outputs may not align with the Licensee’s or others reality, expectations or experiences;

(e) The Product's text outputs may appear to reflect or surface sensitive emotional or psychological content relating to the Licensee or others; and

(f) The Product’s text outputs may evoke strong emotional or psychological responses, including discomfort, offence, heightened sensitivity, or unease — either for the Licensee or those nearby. 

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Please check back from time to time to review the Terms and Conditions at www.catoptica.com/Terms-and-Conditions

Please review our Privacy Policy at www.catoptica.com/privacy 

If you have any questions about this agreement you are welcome to contact us.