Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and FitFocus IO PTY LTD ACN 661 231 330 ("Company", "we", "us", or "our"), concerning your access to and use of the FitFocus platform, Kiwi platform, FitFocus website, Kiwi website, FitFocus mobile application, Kiwi mobile application, and any related services (collectively, the "Platform") under the FitFocus IO PTY LTD company and brand.

By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

If you do not agree with all of these Terms, you must discontinue use immediately.

We reserve the right, in our sole discretion, to modify these Terms at any time. We will notify users by updating the "Last Updated" date at the top of these Terms. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Platform after modifications have been made constitutes your acceptance of the revised Terms, regardless of whether you have reviewed them.

2. Information Disclaimer, No Medical Advice

FitFocus does not provide medical care, medical opinion, medical advice, diagnosis, or treatment. All information found on the Platform, including but not limited to the Website, Application, Services, or through links, as well as any information contained on product packaging or labelling, is general in nature and is not intended to diagnose, treat, cure, or prevent any disease. You should consult your health practitioner before starting any diet, exercise, or supplementation program, or before taking any products. Always seek guidance from a qualified doctor, nutritional expert, health professional, or fitness expert regarding any health or medical concerns, including interactions between supplements and medications you are taking. Ensure you disclose all supplements and products to your doctor and/or pharmacist when asked about your medication intake. To the fullest extent permitted by law, FitFocus makes no express or implied warranties and does not guarantee the accuracy, completeness, or reliability of any information provided through our website or platform. Always read the Product Information and follow directions for use. Health supplements should not replace a balanced diet.

3. Exercise & Nutrition Disclaimer, Limitation of Liability

FitFocus provides tools to track workouts, general fitness tips, structured programs, and nutrition tracking features. However, FitFocus is not a substitute for professional training, coaching, dietary advice, or supervision. You acknowledge that participating in physical exercise and making dietary changes involve inherent risks, including but not limited to the risk of serious injury, disability, illness, or death. You assume full responsibility for your personal safety and well-being while engaging in any physical activity or nutritional decisions using our platform.

FitFocus is not responsible for any injuries, damages, health complications, or adverse effects that arise from the use of our platform, including but not limited to:

Use of workout programs, training plans, or fitness-related guidance.
Misuse of equipment or improper execution of exercises.
Overexertion, pre-existing medical conditions, or unforeseen health complications.
Any nutritional or dietary choices you make, including supplement intake, food allergies, or dietary sensitivities.

You agree to use FitFocus at your own risk and acknowledge that FitFocus is not liable for any direct, indirect, incidental, or consequential damages resulting from the use of our platform.

4. User Registration

To access certain features of the Platform, you may be required to register for an account. You agree to:

Provide accurate, current, and complete registration information.
Keep your account credentials secure and confidential.
Notify us immediately of any unauthorised use of your account.

We reserve the right to remove, reclaim, or change a username if we determine that it is inappropriate, obscene, or otherwise objectionable.

5. Use of the Platform

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You are prohibited from:

Engaging in fraudulent, harmful, or illegal activities.
Attempting to interfere with or disrupt the Platform.
Violating any applicable local, state, national, or international law.
Using the Platform in any way that infringes upon the rights of others.

6. Privacy and Data

Your use of the Platform is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal data. By using the Platform, you consent to the collection and use of your data as described in the Privacy Policy.

Optional market research is governed separately by section 8. Using the Platform does not enrol you in it.

7. Intellectual Property Rights

All content, features, and functionality on the Platform, including but not limited to text, graphics, logos, software, and trademarks, are owned by FitFocus or its licensors and are protected by intellectual property laws. You may not:

Copy, modify, distribute, or create derivative works based on any content from the Platform without our express written consent.
Use any automated systems to extract data from the Platform without authorisation.

8. Research Participation

We run optional market research inside the Platform. This section governs it. How the underlying information is handled is set out in section 12 of the Privacy Policy, which forms part of these Terms.

8.1 Optional, and Separate From the Service

Taking part in research is not a condition of using the Platform and is not part of the service we agree to provide you. Declining, or later withdrawing, does not affect your fees, your features, your support, or any other right or obligation under these Terms. We will not treat a refusal as a breach of these Terms or as a reason to suspend or terminate your account.

We only use your information for research where you have agreed to take part, or, in the limited circumstances described in the Privacy Policy, where you have been notified and have not objected. You may withdraw at any time through your profile settings. Withdrawal takes effect from the time we record it.

8.3 Licence You Grant While You Participate

So that we can conduct research, and only for so long as you are taking part, you grant FitFocus a non-exclusive, worldwide, royalty-free licence to use your survey responses and the health and fitness information already held in your account to produce aggregated, de-identified results, including results supplied commercially to third parties.

That licence is limited to aggregated, de-identified output. It does not permit us to disclose your responses or your information in a form that identifies you, to attribute any answer to you, or to supply your records to anyone. It is granted only for research, is separate from any other right you give us under these Terms, and ends when you withdraw.

8.4 Ownership of Results

You retain ownership of your responses and of the content in your account. FitFocus owns the aggregated, de-identified results, statistics, analyses and reports produced from research, including any that are licensed or sold to third parties. Participation gives rise to no royalty, fee, revenue share or other payment to you, and you have no ownership interest in those results.

We do not pay for participation unless we agree otherwise with you in writing.

8.5 Withdrawal Does Not Recall Published Results

Withdrawing stops any further use of your information for research. Results that have already been aggregated and published or supplied to a third party cannot be recalled or altered, because they no longer identify anyone and cannot be traced back to an individual contributor.

8.6 You Answer Only for Yourself

You may take part only on your own behalf. You must not respond for another person, and agreeing to take part does not enrol your athletes, your clients, or anyone else. A coach has no authority under these Terms to consent to research on an athlete's behalf, and a coach's participation does not place an athlete's information into any aggregated result.

You agree that responses you give will be truthful to the best of your knowledge. We may exclude from our results any response we reasonably believe to be false, duplicated, or automated.

8.7 Organisation Agreements Prevail

Where an organisation is under an agreement with us that does not permit research, research is switched off for everyone in that organisation. That takes precedence over any individual agreement to take part.

8.8 No Warranty on Research Output

Research results are provided for general information. We do not warrant that they are accurate, complete or fit for any purpose, and nothing in them is advice of any kind. Sections 11 and 12 apply to them in full.

9. Third-Party Links

The Platform may contain links to third-party websites or services. FitFocus does not endorse or assume responsibility for any third-party content, policies, or practices. Your use of such third-party services is at your own risk.

10. Termination

We reserve the right to suspend or terminate your access to the Platform at our sole discretion, without notice, for any reason, including but not limited to:

Violation of these Terms.
Suspected fraudulent, abusive, or unlawful activity.

Upon termination, your right to use the Platform will cease immediately.

11. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, express or implied. We disclaim all warranties, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
That the Platform will be uninterrupted, error-free, or secure.

12. Limitation of Liability

To the maximum extent permitted by law, FitFocus and its affiliates, officers, directors, employees, and agents shall not be liable for:

Any indirect, incidental, special, consequential, or punitive damages.
Any loss of profits, data, or goodwill resulting from your use or inability to use the Platform.
Any unauthorised access to or alteration of your data.

13. Indemnification

You agree to indemnify and hold FitFocus, its affiliates, officers, directors, employees, and agents harmless from any claims, damages, liabilities, and expenses arising from:

Your violation of these Terms.
Your use or misuse of the Platform.
Any content you submit or share through the Platform.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles. Any disputes shall be resolved in the courts of New South Wales.

15. Modifications and Interruptions

We reserve the right to:

Modify, update, or discontinue any part of the Platform without notice.
Temporarily suspend access for maintenance or technical reasons.
Limit access to certain features or restrict use at our sole discretion.

We will not be liable for any interruptions or unavailability of the Platform.

16. Dispute Resolution

16.1 Informal Negotiations

Before initiating formal dispute resolution, both parties agree to first attempt to resolve any dispute informally by contacting each other in good faith.

16.2 Binding Arbitration

If disputes cannot be resolved through informal negotiations, they shall be submitted to binding arbitration in New South Wales, Australia. The arbitration shall be conducted by a neutral arbitrator and in accordance with applicable arbitration rules.

17. Electronic Communications

By using the Platform, you consent to receiving electronic communications from us. You agree that all notices, disclosures, and agreements provided electronically satisfy any legal requirements for written communication.

18. Contact Information

For any questions regarding these Terms, please contact us at:

Email: support@fitfocus.io

By using the Platform, you acknowledge that you have read, understood, and agreed to these Terms of Service.