End User Licence Agreement (EULA)

Last updated: 7 August 2025

This End User Licence Agreement (EULA) governs your access to and use of the Roomio mobile application (Roomio App), owned and operated by Phoria Pty Ltd (ACN 169 885 796) (Phoria, we, us, or our). By downloading, accessing or using the Roomio App, you agree to be bound by this EULA and our Privacy Policy (as amended from time to time).

If you do not agree to this EULA, you must not use the Roomio App.

1. Definitions

  • Data means all content and information (including personal information) submitted, uploaded, created or generated by you through the Roomio App.
  • Intellectual Property Rights means all present and future rights in relation to copyright, trademarks, designs, patents, trade secrets, know-how, inventions, and all other rights resulting from intellectual activity.
  • Law includes:
    • the Australian Consumer Law;
    • any applicable legislation, regulation, rule, by-law, judgment or binding directive from a Government Agency;
    • and any amendments, consolidations or replacements of the above.
  • User (you, your) means any person who downloads, accesses or uses the Roomio App.

2. Licence and access rights

We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the Roomio App solely for your personal or internal business use.

You may not:

  • reverse engineer, decompile, or modify the Roomio App;
  • rent, lease, sublicense or otherwise distribute the Roomio App;
  • use the Roomio App to infringe the rights of any third party;
  • access or use the Roomio App for any illegal or unauthorised purpose.

All rights not expressly granted in this EULA are reserved by Phoria.

3. Your responsibilities

By using the Roomio App, you confirm that you:

  • are at least 18 years old;
  • will maintain the confidentiality of your account credentials;
  • have all rights and permissions necessary to upload or generate Data using the Roomio App;
  • will use the Roomio App in accordance with all applicable Laws and this EULA;
  • will not upload or transmit any Data that is unlawful, abusive, defamatory, infringing, or otherwise objectionable;
  • will not interfere with or disrupt the Roomio App or our services.

We may review content uploaded to the Roomio App but are under no obligation to do so.

4. Data ownership and licence

You retain ownership of all Data you upload or generate via the Roomio App.

You grant Phoria a worldwide, perpetual, non-exclusive, royalty-free, irrevocable licence (including the right to sublicense) to use, host, store, reproduce, adapt, modify, publish, distribute and commercialise your Data:

  • for the purposes of operating and improving the Roomio App;
  • to provide content back to you (e.g. floor plans, energy reports);
  • to develop internal analytics, tools, and AI models;
  • in de-identified or aggregated form for commercial or research use.

This licence survives the termination of your account unless you delete the Data from the Roomio App prior to closing your account.

5. Intellectual property

The Roomio App (including its software, code, branding, and design) is the exclusive property of Phoria. You do not acquire any ownership or other rights in the Roomio App other than the limited licence granted under this EULA.

We may use feedback or suggestions you submit without obligation or compensation.

6. Payment and third-party services

Payments made through the Roomio App are processed by third-party providers such as Stripe. Support and user analytics may be provided through third parties such as Zendesk, Google Analytics, HubSpot, Apple and Mixpanel.

We are not responsible for any errors or data breaches caused by third-party providers, but we take reasonable steps to ensure they handle your information appropriately.

7. Suspension and termination

We may suspend or terminate your access to the Roomio App immediately if:

  • you breach this EULA or any applicable Law;
  • you misuse the Roomio App or upload infringing or unlawful content;
  • we are required to do so by Law or a Government Agency.

We will use reasonable efforts to notify you of any suspension or termination via email or in-app notification. Where appropriate, we will give you an opportunity to export your Data before suspension or termination takes effect.

8. Discontinuation of service

We may discontinue the Roomio App or any of its features due to unforeseen circumstances or legal requirements. In such cases, we will provide advance notice where practicable and allow you to export your Data.

9. Disclaimers

The Roomio App is provided “as is” and “as available”. To the maximum extent permitted by Law:

  • we do not guarantee that the Roomio App will be uninterrupted, secure, or error-free;
  • we disclaim all warranties, express or implied, including fitness for purpose, merchantability, and non-infringement;
  • you are solely responsible for backing up your Data.

10. Limitation of liability

To the fullest extent permitted by Law, Phoria and its directors, officers, employees and affiliates are not liable for any:

  • indirect, incidental, special, consequential or punitive damages;
  • loss of data, profits, revenue, business opportunities or goodwill;
  • damage arising out of or related to your use of the Roomio App.

If we are found liable despite this clause, our total liability will be limited to the greater of:
(a) the amount you paid for the use of the Roomio App in the 12 months prior to the claim, or
(b) $100.

11. Dispute resolution

Before filing a formal claim, you agree to first contact us at support@roomio.io to try to resolve the dispute informally.

If a dispute is not resolved within 30 business days, both parties agree to participate in online mediation under the rules of the Law Institute of Victoria. The mediator will be nominated by the President of the Institute or their delegate. Each party will bear its own costs and share mediation fees equally.

Class actions and consolidated claims are not permitted.

We may seek urgent injunctive relief without first following this dispute resolution process if you infringe our Intellectual Property Rights or breach this EULA in a way that causes material harm.

12. Governing law

This EULA is governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria.

13. Changes to this EULA

We may update this EULA to reflect changes to Law, the Roomio App or our business practices. If the changes affect your rights or obligations, we will notify you via email or in-app notification at least 14 days before the changes take effect.

Your continued use of the Roomio App after that time constitutes your agreement to the revised EULA. If you do not agree, you must stop using the Roomio App and may request account deletion

14. General terms

  • This EULA is the entire agreement between you and us regarding the Roomio App.
  • If any part of this EULA is found invalid, the remainder remains in full force.
  • Our failure to enforce any part of this EULA is not a waiver of our right to do so later.
  • You may not assign or transfer your rights under this EULA without our consent.
  • We may assign this EULA in connection with a merger, acquisition or sale of assets.