Apis Prime — Data Agreement

This Data Agreement is a single document in two parts:

Part A — Terms of Use — the agreement governing your use of Apis Prime; and
Part B — Privacy Policy — how we collect, hold, use, disclose and protect your personal information.

Accepting this Data Agreement (by creating an account, ticking an acceptance box, or using the Service) means you accept both parts. Where Part A and Part B conflict on a matter of personal information handling, Part B prevails.

Effective date: 13/08/2026 · Version: V0.9

Part A — Terms of Use

These Terms of Use (the "Terms") are an agreement between you and Y-Trace Pty Ltd (ABN 69 660 182 918) ("Y-Trace", "we", "us") governing your use of Apis Prime — a honeybee hive monitoring and record-keeping system consisting of hardware sensors, connectivity, chat capture, the Apis Prime mobile and web applications, and related online services (together, the "Service").

By creating an account, ticking an acceptance box, or using the Service, you agree to these Terms and to the Privacy Policy in Part B, which forms part of these Terms. If you do not agree, do not use the Service.

A1. Who may use the Service

You must be at least 18 years old and capable of forming a binding contract. If you use the Service on behalf of a business or organisation, you represent that you are authorised to bind that organisation, and "you" includes that organisation.

A2. Your account

You are responsible for keeping your login credentials secure and for all activity under your account. Tell us promptly at apisprime@ytrace.com.au if you suspect unauthorised use. You must provide accurate account information and keep it up to date.

Organisations in the Service may have multiple members with different roles (for example, organizer and beekeeper). The organisation's organizers control membership and data access within that organisation.

A3. What the Service is — and is not

Apis Prime is a record-keeping, monitoring and planning tool for beekeepers. It helps you remember the state of your hives and loads, turn inspections into plans, and keep compliance-relevant records.

The Service is not:

a substitute for physically inspecting and managing your hives with your own professional judgement;
a biosecurity authority, or a guarantee that your records meet the requirements of any regulator (see section A10); or
a real-time safety or emergency system. Sensor readings and alerts may be delayed, incomplete or unavailable (for example, where a device battery is flat or network coverage drops out).

A4. Your data and licence to us

Your apiary data belongs to you. As between you and us, you (or your organisation) own the records, hive and apiary information, locations, voice recordings and other content you submit to the Service ("Your Data").

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, display and back up Your Data as needed to provide and support the Service, and to use it as described in the Privacy Policy (Part B) — including creating and using de-identified and aggregated data to operate, improve and develop our products and services.

You are responsible for the accuracy of the data you enter. We provide export features so you can retrieve Your Data; we encourage you to keep your own copies of records you rely on.

A5. Voice inspections and AI-generated content

When you record a voice inspection, the Service transcribes the recording and uses artificial-intelligence models to draft a structured inspection record. AI output can be incorrect or incomplete. The Service presents the draft for your review, and you are responsible for checking and correcting it before filing. A filed record is your record, not ours.

A6. Subscriptions, fees and payment

Parts of the Service are free; others require a paid subscription. Current plans, prices and inclusions (for example, hive limits and AI voice-analysis quotas) are shown in the app. Prices are in Australian dollars and, unless stated otherwise, exclusive of GST; the GST treatment is shown at checkout.

Billing. Paid subscriptions are billed in advance on a recurring basis through our payment provider (currently Stripe) or, where offered, through the Apple App Store or Google Play. App-store purchases are also subject to the relevant store's terms.
Changes. We may change prices or plan inclusions from time to time. Price changes take effect from your next billing period, and we will give you reasonable advance notice.
Changes and cancellation. You can change or cancel your plan at any time. Upgrades take effect immediately, with a prorated charge for the remainder of the current billing period; downgrades and cancellations take effect at the end of the current billing period. Downgrading may limit features or quotas (your data is retained subject to section A15 and the Privacy Policy).
Refunds. Other than as required by law (including the Australian Consumer Law), fees already paid are non-refundable. Nothing in these Terms limits your rights under the Australian Consumer Law.

A7. Hardware and sensors

Apis Prime hardware (sensor and communication boards) may be supplied under a separate purchase or supply arrangement. Unless that arrangement says otherwise: you are responsible for installing hardware per our instructions and for its physical care; hardware comes with guarantees that cannot be excluded under the Australian Consumer Law; and telemetry from your hardware forms part of Your Data.

A8. Acceptable use

You must not:

use the Service in breach of any law, or to infringe anyone's rights;
attempt to access another user's or organisation's data without authority;
probe, disrupt, overload, reverse-engineer or interfere with the Service or its security (other than as permitted by law);
resell or provide the Service to third parties as a service bureau without our written agreement; or
upload malicious code or content you have no right to share.

A9. Third-party services

The Service relies on third-party providers (for example, cloud hosting, speech-to-text and AI processing, payments, and sign-in with Apple or Google). Their availability is outside our control, and their terms apply to their services. We are not responsible for third-party services, but the Privacy Policy (Part B) governs what we share with them.

A10. Your compliance obligations stay yours

Beekeeping is regulated (for example, registration, brand and hive identification, movement records, and notifiable-disease reporting in your state or territory). The Service helps you keep and export records, and may surface reminders or flags (for example, a possible notifiable observation), but:

we do not warrant that any record, export or reminder satisfies the requirements of any regulator (including DPIRD in Western Australia);
flags and reminders are aids, not legal advice, and may be wrong or missed; and
reporting obligations, timeframes and record-keeping duties remain solely your responsibility.

A11. Intellectual property

We (and our licensors) own the Service, including its software, design, models and branding. We grant you a personal, non-exclusive, non-transferable licence to use the apps and Service for managing your own (or your organisation's) beekeeping operation while you have an account. You may not copy, modify or distribute the Service except as permitted by law. Feedback you give us may be used without restriction or payment.

A12. Availability and support

We aim to keep the Service available and to fix problems promptly, but the Service is provided without an uptime guarantee. We may modify, suspend or discontinue features with reasonable notice where practicable; where a paid feature is discontinued, we will provide a fair remedy (such as a pro-rata refund of prepaid fees for that feature).

A13. Disclaimers

To the extent permitted by law, and subject to section A14:

the Service is provided "as is" and "as available";
we do not warrant that sensor readings, telemetry, alerts, assessments or AI-generated content are accurate, complete or timely;
we are not responsible for losses of bees, colonies, hives, honey production or business profits arising from your reliance on the Service in place of your own inspection and judgement; and
environmental factors (network coverage, battery, weather, placement) can prevent data reaching the Service.

A14. Liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or other law that cannot lawfully be excluded.

Otherwise, to the maximum extent permitted by law: (a) our total aggregate liability arising out of or in connection with the Service in any 12-month period is limited to the greater of the amounts you paid us for the Service in that period and AUD $100; and (b) neither party is liable for indirect or consequential loss. Where our liability for a breach of a non-excludable guarantee can be limited, it is limited (at our option) to re-supplying the relevant services or paying the cost of re-supply.

A15. Suspension, termination and account deletion

By you. You may stop using the Service and delete your account at any time in the app (Me tab → Delete account) or by contacting us. Deletion of personal information is handled per the Privacy Policy; records that the law requires be kept (for example, movement records under WA biosecurity rules) may be retained for the required period.
By us. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if the Service is discontinued (with reasonable notice and a fair remedy for prepaid fees). Where practicable we will warn you and give you a chance to fix the breach first.
Sections that by their nature should survive termination (including A4, A11, A13, A14 and A17) survive.

A16. Changes to these Terms

We may update these Terms from time to time. We will publish the updated Terms and update the effective date above, and where changes are material we will notify you (for example, in the app) and may ask you to accept them again. Your continued use after an update takes effect indicates acceptance.

A17. Governing law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

A18. Contact

Questions about these Terms: apisprime@ytrace.com.au · Y-Trace Pty Ltd, 128 Yanchep Beach Road, Yanchep, Western Australia 6035, Australia.

Part B — Privacy Policy

Y-Trace Pty Ltd (ABN 69 660 182 918) "Y-Trace" owns and operates Apis Prime, a honeybee hive monitoring system consisting of hardware sensors, connectivity, chat capture and the Apis Prime mobile and web applications and related online services (together, the "Service").

We are committed to protecting your privacy and handling your personal information in an open and transparent way. This Privacy Policy explains how we collect, hold, use, disclose and protect your personal information, and how you can access and correct it or make a complaint. We handle personal information in accordance with the Privacy Act 1988 (Cth) (the "Privacy Act") and the Australian Privacy Principles ("APPs").

B1. About this Policy and your acceptance

This Policy applies to the Apis Prime mobile application, the Apis Prime hardware and sensors, and any associated websites, dashboards, application programming interfaces (APIs) and support channels we provide.

By creating an account, installing or using the Service, or otherwise providing personal information to us, you acknowledge that you have read and understood this Policy and agree to the collection, use and disclosure of your personal information as described here. If you do not agree, please do not use the Service.

This Policy forms part of, and should be read together with, the Terms of Use in Part A of this Data Agreement. Where those Terms and this Policy conflict on a matter of personal information handling, this Policy prevails.

B2. How to contact us

If you have any questions about this Policy or the way we handle your personal information, you can contact our Privacy Officer:

Email: apisprime@ytrace.com.au
Post: Privacy Officer, Y-Trace Pty Ltd, 128 Yanchep Beach Road, Yanchep, Western Australia 6035, Australia

B3. Key terms

In this Policy:

"APPs" means the Australian Privacy Principles in Schedule 1 of the Privacy Act 1988 (Cth).
"Personal information" has the meaning given in the Privacy Act — broadly, information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information is true and whether or not it is recorded in a material form.
"Sensitive information" is a subset of personal information given special protection under the Privacy Act, including (among other things) information about an individual's health, racial or ethnic origin, political opinions, religious beliefs, sexual orientation, criminal record, and biometric information.
"De-identified information" is information that is no longer about an identifiable individual or an individual who is reasonably identifiable. De-identified information is not personal information under the Privacy Act.
"Hive Data" means data generated by or about your hives and apiaries, including sensor telemetry (currently: temperature, humidity, barometric pressure, hive weight, air quality (TVOC), sensor battery voltage, vibration/accelerometer readings, and acoustic levels including a 16-band sound spectrum), hive and apiary location — including precise coordinates you provide or a device reports; where location-derived data is used for analytics it is aggregated to sub-biogeographical region (refer to: https://www.dcceew.gov.au/environment/land/nrs/science/maps-and-data and section B10) — hive configuration, alerts, and inspection or management records you enter or record.

B4. The personal information we collect

The types of personal information we collect depend on how you use the Service. They may include:

(a) Account and identity information — your name, email address, phone number, username and password (stored in encrypted/hashed form), business or organisation name (if any), and role.

(b) Hive and apiary information — Hive Data as defined above, including the geographic location of your hives and apiaries (for example, GPS coordinates you provide or that a device reports). We recognise that apiary locations and hive productivity are commercially sensitive to you; we treat them accordingly (see section B10).

(c) Voice recordings and inspection media — voice recordings you make when recording a hive inspection (chat capture), transcripts generated from those recordings, and the structured inspection data derived from them (see section B17 on how AI is used to do this).

(d) Device, connectivity and technical information — device model and identifiers, operating system and app version, hardware/sensor identifiers, connectivity and network information (including information relating to NB-IoT connectivity), IP address, log data, diagnostic and crash information, and settings.

(e) Usage information — information about how you interact with the Service, such as features used, actions taken, and dates and times of access.

(f) Transaction and billing information — if the Service includes paid features, information necessary to process your purchase. We do not collect or store full payment card numbers; payments are processed by a third-party payment provider (currently Stripe) subject to that provider's own privacy terms.

(g) Communications and support information — information you provide when you contact us, respond to surveys, or request support, including the contents of your messages.

You do not have to provide all of the personal information we request. However, if you do not provide certain information (for example, account or hive information), we may not be able to provide part or all of the Service to you.

B5. Sensitive information

We do not seek to collect sensitive information through the ordinary use of the Service. We will only collect sensitive information where it is reasonably necessary for our functions or activities and you consent, or where the collection is otherwise required or authorised by law.

B6. How we collect personal information

We collect personal information:

Directly from you — when you create or update an account, configure hives, enter data, record a voice inspection, make a purchase, or contact us;
Automatically — from the app, your device, and connected Apis Prime hardware and sensors as you use the Service; and
From third parties — for example, our service providers, connectivity/network providers, or a person authorised to act on your behalf. Where it is lawful and reasonable to do so, we will collect personal information about you only from you.

B7. Why we collect, hold, use and disclose your personal information

We collect, hold, use and disclose your personal information for the following purposes (our "primary purposes"):

to create and manage your account and authenticate you;
to provide, operate and maintain the Service, including delivering hive assessments, alerts and dashboards;
to convert your voice-inspection recordings into structured inspection records (see section B17);
to communicate with you, including sending service, technical and administrative messages;
to provide customer support and respond to your enquiries;
to process payments and manage subscriptions (where applicable);
to monitor, secure, troubleshoot and protect the integrity of the Service and prevent fraud or misuse;
to analyse, maintain and improve the Service, our products and our hardware, including developing new features and improving the accuracy of our models and analytics (see section B8 on how we do this in a privacy-protective way);
to comply with our legal obligations and to establish, exercise or defend legal claims.

We will only use or disclose your personal information for a secondary purpose (a purpose other than the one for which it was collected) where you have consented, where you would reasonably expect us to do so and that purpose is related to a primary purpose, or where the use or disclosure is otherwise permitted or required by law.

B8. De-identified and aggregated information

We are committed to using data responsibly. Wherever practical, we de-identify and/or aggregate data — including Hive Data and usage information — so that it no longer identifies you or any individual and cannot reasonably be re-identified.

Because de-identified and aggregated information is not personal information under the Privacy Act, we may use and disclose it without further reference to you, including to:

analyse trends and improve the performance, reliability and accuracy of the Service, our products and our hardware;
train, test and improve statistical, analytical and machine-learning models used in the Service;
conduct and support research and development to develop new products and services.

When we de-identify information, we apply reasonable technical and organisational measures to reduce the risk of re-identification, having regard to the nature of the data and the environment in which it is handled. We do not attempt to re-identify de-identified information, and we require our partners not to do so.

By using the Service and providing personal information to us, you consent to the collection, use and disclosure of your personal information as described in this Policy. Where the law requires your consent for a particular activity, we will seek it separately.

You may withdraw your consent at any time by contacting our Privacy Officer. If you withdraw your consent, we may not be able to continue to provide part or all of the Service to you. Withdrawing consent does not affect the lawfulness of any handling of your personal information carried out before the withdrawal, and does not apply to information that has already been de-identified.

B10. Protection of your apiary and hive location data

We understand that the location of your hives and apiaries, and the productivity of your hives, are commercially sensitive to you. Accordingly:

we treat apiary and hive location as confidential to your account;
we use it only to provide the Service to you and for the purposes described in this Policy;
we do not sell it, and we do not disclose precise apiary or hive locations to other users or to third parties except (i) to the service providers strictly necessary to operate the Service, (ii) where you direct or consent, or (iii) where required by law; and
when using location-derived data for analytics (e.g., weather data collection), we ensure it is de-identified and/or aggregated to sub-biogeographical region, as detailed in section B8.

B11. When and with whom we disclose personal information

We do not sell your personal information. We may disclose your personal information to:

Service providers who help us operate the Service — for example, cloud hosting and storage, speech-to-text and AI processing, connectivity, communications, and payment processing. These providers are only permitted to use your personal information to provide services to us. Providers currently include: Amazon Web Services (cloud hosting, database, file storage, authentication, speech-to-text and AI processing — primarily in the Sydney, Australia region); Stripe (payment processing); Apple and Google (sign-in and app distribution); and our NB-IoT connectivity provider. The app does not currently include third-party advertising or analytics SDKs.
A person you authorise to access your account or act on your behalf (for example, other members of your organisation in the app);
Professional advisers, such as our lawyers, accountants and auditors, where reasonably required;
A successor in connection with a sale, merger, restructure or other business transaction involving Y-Trace (subject to this Policy or a substantially equivalent policy continuing to apply) to continue the services of Apis Prime;
Government agencies, regulators, courts and law enforcement, where required or authorised by law; and
Other parties with your consent.

B12. Overseas disclosure

Your personal information is primarily stored and processed in Australia, in the Amazon Web Services Sydney region. Some of our service providers may store or process limited personal information outside Australia — including in the United States and the European Union — depending on the provider: payment processing (Stripe — United States); sign-in with Apple or Google (their global infrastructure); and AI model processing used for voice-inspection analysis.

Before disclosing personal information overseas, we take steps that are reasonable in the circumstances to ensure that the overseas recipient handles your personal information in a manner consistent with the APPs, unless an exception under Australian Privacy Principle 8 ("APP 8" — the APP governing cross-border disclosure of personal information) applies. By using the Service, you acknowledge that where you consent to an overseas disclosure, or where another exception applies, APP 8.1 may not require us to take those steps, and we may not be accountable under the Privacy Act if the overseas recipient does not handle the information consistently with the APPs.

B13. How we store and secure your information

We hold personal information in electronic form on systems operated by us and our service providers. We take reasonable steps to protect personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure, including:

encryption of data in transit and, where appropriate, at rest;
access controls, authentication and role-based permissions;
network and application security measures; and
monitoring, logging and periodic review of our systems and controls.

No method of transmission or storage is completely secure. While we strive to protect your personal information, we cannot guarantee its absolute security, and you provide it at your own risk.

B14. How long we keep your information

We keep personal information only for as long as it is reasonably necessary for the purposes described in this Policy, or for as long as required by law. When personal information is no longer required, we will take reasonable steps to destroy it or de-identify it. We may retain de-identified and aggregated information indefinitely, as it no longer identifies you.

If you close your account, we will delete or de-identify the personal information associated with it within a reasonable period, except where we are required or permitted by law to retain it (for example, records that biosecurity law requires be kept for a set period, or records needed for tax, accounting or legal-claim purposes).

B15. Access, correction and your choices

You may request access to the personal information we hold about you, and ask us to correct it if it is inaccurate, out of date, incomplete, irrelevant or misleading. To make a request, contact our Privacy Officer (section B2). We will respond within a reasonable period (generally within 30 days). We may need to verify your identity before acting on a request. There is no charge for making a request, although we may charge a reasonable cost for giving access in certain circumstances. If we refuse access or correction, we will tell you why in writing and how you can complain.

Within the app, you may also review and update certain account and hive information directly, and manage device permissions (such as location and microphone) through your device settings.

Deleting your account. You can delete your account directly in the app (Me tab → Delete account), or request deletion by contacting our Privacy Officer (section B2). When you delete your account we handle the associated personal information as described in section B14.

B16. Direct marketing

We may send you marketing communications about the Service and related products where permitted by law. You can opt out at any time by using the unsubscribe function in the message or by contacting us. We will not use sensitive information for direct marketing without your consent.

B17. Automated processing and artificial intelligence

The Service uses analytics and artificial-intelligence techniques to generate hive assessments and insights and to improve the Service. In particular, when you record a voice inspection, your recording is transcribed (speech-to-text) and an AI model extracts the inspection details into a structured draft record; you review and confirm the result before it is filed. These processes support your beekeeping decisions; they do not make decisions that produce legal or similarly significant effects on you as an individual.

B18. Children and young people

The Service is intended for users aged 18 and over and is not directed at children. We do not knowingly collect personal information from children. If you believe a child has provided us with personal information, please contact us so we can take appropriate steps.

B19. Analytics and cookies

The app does not currently include third-party analytics or advertising trackers. Any associated website may use cookies or similar technologies to understand usage and improve the Service; where required, we will seek your consent for non-essential tracking, and you can manage those technologies through your browser settings.

B20. Data breaches

We maintain procedures to detect, assess and respond to data breaches. If a breach involving your personal information is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner (OAIC) as required by the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act.

B21. Changes to this Policy

We may update this Policy from time to time to reflect changes to our practices or the law. We will publish the updated Policy in the app and update the "Effective date" above. Where changes are material, we will take reasonable steps to notify you. Your continued use of the Service after an update takes effect indicates your acceptance of the updated Policy.

B22. How to make a privacy complaint

If you have a concern about how we have handled your personal information, please contact our Privacy Officer (section B2). We will acknowledge your complaint and aim to resolve it within a reasonable period.

If you are not satisfied with our response, you may complain to the Office of the Australian Information Commissioner (OAIC): website www.oaic.gov.au; phone 1300 363 992.

B23. Governing law

This Policy is governed by the laws of Western Australia and the Commonwealth of Australia.

In plain English