Terms and Conditions

1.1You must be at least 16 years of age to use the Services. By using the Services you represent that you meet this requirement.

1.2If you are under 18, you confirm that a parent or guardian has reviewed and agreed to these Terms on your behalf.

2.1You must provide accurate information when creating an account and keep it up to date.

2.2You are responsible for maintaining the security of your account and for all activity that occurs under it. You must not share your account with any other person.

2.3You must notify us immediately if you become aware of any unauthorised use of your account.

3.1Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to install and use the App on an Apple device that you own or control, and to access the Website, for your personal, non-commercial use.

3.2The App is licensed, not sold, to you. Your use of the App is also subject to the Apple Media Services Terms and Conditions and the App Store Licensed Application End User Licence Agreement.

4.1Certain features of the App are available only with a paid subscription. Subscription tiers, features and prices are displayed in the App at the time of purchase.

4.2Subscriptions are purchased through, and billed by, Apple via your App Store account. We do not collect or store your payment details.

4.3Subscriptions renew automatically at the end of each billing period at the then-current price unless cancelled at least 24 hours before the end of the current period. You can manage or cancel your subscription in your App Store account settings.

4.4Any free trial or complimentary sessions we offer end when the paid subscription commences. Refunds are governed by Apple’s refund policies and Australian Consumer Law.

4.5We may change subscription prices or features from time to time. Price changes will not apply to your current billing period and will be notified in accordance with Apple’s requirements.

5.1The Services provide general fitness programming and, where you subscribe to a coaching tier, general guidance from our coaches. The Services do not provide medical advice, diagnosis or treatment and are not a substitute for consultation with a qualified health professional.

5.2You should consult a medical practitioner before commencing any exercise program, particularly if you have an injury, a medical condition, are pregnant, or have not exercised regularly.

5.3You acknowledge that physical exercise involves inherent risk of injury. You are solely responsible for training within your own limits, selecting appropriate weights and intensity, using equipment safely and being aware of your surroundings when running. You must stop exercising immediately and seek medical attention if you experience pain, dizziness or discomfort.

6.1Coaching features, where included in your subscription, provide general training guidance through in-app messaging. Coaches are not medical practitioners and response times are not guaranteed.

6.2You consent to your coach accessing your training history and messages within the App for the purpose of providing coaching services.

7.1You retain ownership of the content you publish to the community feed, including posts, photos and comments (“User Content”). By publishing User Content you grant us a non-exclusive, royalty-free, worldwide licence to host, display and distribute that content within the Services for the purpose of operating the community feed.

7.2You warrant that you own or have the necessary rights to publish your User Content and that it does not infringe the rights of any third party.

7.3You must not publish User Content that:

(a)is unlawful, defamatory, abusive, harassing, threatening or discriminatory;

(b)is sexually explicit or promotes dangerous or unhealthy practices;

(c)infringes any intellectual property or privacy right;

(d)contains advertising, spam or unsolicited promotional material; or

(e)impersonates any person or misrepresents your affiliation with any person.

7.4We moderate the community feed and may remove any User Content, or suspend or terminate any account, that we consider in our reasonable discretion to breach these Terms, without notice or liability.

7.5User Content is visible to other members. You should not publish anything you wish to remain private.

8.1All intellectual property in the Services, including the training programs, exercise videos, coaching materials, software, design, text, graphics and trade marks, is owned by or licensed to us and is protected by Australian and international law.

8.2Except as expressly permitted by these Terms, you must not copy, reproduce, modify, distribute, publish, sell, or create derivative works from any part of the Services.

9.1You must not:

(a)reverse engineer, decompile or attempt to extract the source code of the App;

(b)use any automated means to access the Services or interfere with their operation;

(c)attempt to gain unauthorised access to any account, system or data;

(d)use the Services for any unlawful purpose or in breach of any applicable law; or

(e)use the Services to harm, harass or defraud any person.

10.1The Services rely on third-party services including Apple (Sign in with Apple, App Store, Apple Health and push notifications) and Supabase (hosting). Your use of those services is subject to their respective terms. We are not responsible for the availability or conduct of third-party services.

11.1We aim to keep the Services available at all times but do not guarantee uninterrupted or error-free operation. We may modify, suspend or discontinue any part of the Services at any time.

12.1Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

12.2To the maximum extent permitted by law, and subject to clause 12.1, the Services are provided “as is” and we exclude all other warranties, conditions and guarantees, whether express or implied.

12.3To the maximum extent permitted by law, and subject to clause 12.1, we are not liable for any indirect, incidental, special or consequential loss, or for any personal injury arising from your training decisions or your failure to follow the guidance in clause 5.

12.4Where our liability cannot be excluded but can be limited, our liability is limited, at our option, to resupplying the Services or paying the cost of having them resupplied, and in any event to the amount you paid for your subscription in the 12 months preceding the claim.

13.1You may stop using the Services at any time and may request deletion of your account in accordance with our Privacy Policy. Cancelling your subscription must be done through your App Store account.

13.2We may suspend or terminate your access to the Services immediately if you breach these Terms or if we reasonably believe your conduct may harm other users, us or any third party.

13.3Clauses 7, 8, 12 and 15 survive termination.

14.1We may amend these Terms from time to time. The current version will always be published on the Website with the date of the last update. Where a change is material we will notify you through the App before it takes effect. Your continued use of the Services after that date constitutes acceptance of the amended Terms.

15.1These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.

15.2If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force.

15.3These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to the Services.

15.4You may not assign or transfer your rights under these Terms without our prior written consent.

16.1Questions about these Terms can be directed to charlie@vantage.fyi.