Terms of Use and Subscription Terms

Introduction — please read this first

These Terms of Use and Subscription Terms (Terms) are a legal agreement between you and Virtfit Pty Ltd. They apply when you visit our website, download or use our mobile applications, create an account, start a free trial, or buy a subscription.

Virtfit is a fitness and general wellness service. It uses artificial intelligence to help generate workouts, answer fitness questions and personalise your experience. Virtfit is not a medical, healthcare, physiotherapy, rehabilitation, psychological or emergency service, and it does not give medical advice. Exercise involves risk. Before you start, please read Section 18 (AI-powered features), Section 19 (Health, fitness and medical disclaimer) and Section 21 (Assumption of exercise risk).

We have tried to write these Terms in plain language. Some parts are still necessarily legal in nature because they deal with your rights, our rights, payments and risk. If anything is unclear, contact us at support@virtfit.io before you rely on it.

Your rights under the law. Nothing in these Terms takes away rights you have that cannot legally be excluded — including the consumer guarantees under the Australian Consumer Law and any mandatory consumer rights that apply where you live. Where any part of these Terms would otherwise conflict with those rights, that part applies only to the extent the law allows (see Section 43 and Section 44).

1. About these Terms

1.1 These Terms govern your access to and use of: our websites, including www.virtfit.io (the Website); our iOS and Android mobile applications (the Apps); any web applications we make available; and any other interface, feature, content or service we provide that links to or references these Terms (together, the Services).

1.2 These Terms include, and you also agree to, the documents we incorporate by reference, namely our Privacy Policy and any product-specific or promotion-specific terms we publish. Where a document is incorporated by reference, we say so and we tell you whether it is contractually binding. Our Privacy Policy describes how we handle your personal information; it forms part of your agreement with us to the extent it creates obligations, but it is primarily a description of our data practices and does not reduce your privacy rights.

1.3 If a specific set of terms applies to a particular feature (for example, official rules for a competition, or separate terms for corporate or gym access), those specific terms prevail over these general Terms for that feature, but only to the extent of any inconsistency.

1.4 We may publish translations of these Terms. If there is any inconsistency, the English-language version prevails to the extent permitted by the law that applies to you.

1.5 We keep dated versions of these Terms. The current version, its effective date and its version number appear at the top. We keep prior versions available on request.

2. Definitions

In these Terms, unless the context requires otherwise:

Account means the account you create to access the Services.

AI Features means the features of the Services that use artificial intelligence, machine-learning or automated systems — for example AI-generated workouts, the AI fitness chat or “AI trainer” function, AI exercise recommendations, AI personalisation and AI progress insights.

Apple means Apple Inc. and its related bodies corporate, including the operator of the App Store.

Australian Consumer Law or ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth) and its equivalents in the States and Territories.

Community Features means features that let users interact or share, such as public or semi-public profiles, posts, comments, reactions, leaderboards, rankings, social feeds, challenges, achievements, badges, following or connecting with others, and any similar features we introduce.

Connected Service means a third-party product or service you choose to connect to the Services, such as a wearable device, a health data platform, gym equipment, or a social login provider.

Content means all information, text, images, audio, video, data, software, workouts, exercise descriptions, and other material made available through the Services.

Google means Google LLC and its related bodies corporate, including the operator of Google Play.

Services has the meaning given in Section 1.1.

Subscription means a paid plan that gives you access to premium features of the Services for a period, including monthly and annual plans, whether or not preceded by a free trial or promotional offer.

User, you or your means the person who uses the Services. If you use the Services on behalf of another person (for example, a child for whom you are responsible), “you” includes that person where the context requires.

User Content means Content you submit, upload, post or make available through the Services, including profile photographs, progress or transformation photographs, posts, comments, ratings, reactions, usernames and fitness achievements.

Virtfit, we, us or our means Virtfit Pty Ltd (ACN 640 771 795 / ABN 89 640 771 795) of Regency Partners, Leederville, Western Australia 6007.

Wearable Data means data we receive from a Connected Service such as a wearable device, fitness tracker or health data platform (for example heart-rate, steps, activity, sleep or workout data).

Website has the meaning given in Section 1.1.

Words like “including”, “for example” and “such as” are not limiting.

3. Acceptance and binding agreement

3.1 You accept these Terms and they become binding on you when you do any of the following: create an Account; start a free trial or buy a Subscription; access or use the Services; or tick a box or click a button indicating that you accept them.

3.2 If you do not agree to these Terms, do not use the Services.

3.3 If we make a material change to these Terms, we will give you notice as described in Section 49. We will not treat you as having accepted a material change simply because you did not read our notice; we explain how changes take effect in Section 49.

3.4 You confirm that the information you give us when you accept these Terms and when you use the Services is accurate and complete.

4. Eligibility and users under 18

4.1 Minimum age. You must be at least 13 years old to create an Account or use the Services. The Services are not directed to, and are not intended for, children under 13. If we learn that we hold an Account for a person under 13, we will close it and delete associated personal information as described in our Privacy Policy.

4.2 Accurate age. You must give us accurate age information. We may ask you to verify your age or, where relevant, that a parent or guardian has given permission. We may restrict, suspend or close an Account if we are not reasonably satisfied that our age requirements are met.

4.3 Users under the age of majority. If you are under 18 (or under the age at which you are legally an adult where you live), you may use the Services only with the involvement and permission of a parent or legal guardian, and only where doing so is lawful where you live.

4.4 Parents and guardians. If you are a parent or guardian and you permit a minor to use the Services, you agree to these Terms on their behalf and, to the extent permitted by law, you are responsible for their use of the Services, including any Subscription, purchases and User Content. We encourage you to supervise your child’s use of fitness content and Community Features and to review the safety information in Section 19 with them.

4.5 Features restricted for minors. Some features may not be available to minors, or may be subject to more protective default settings. For example, we may apply default-private profiles, limit public sharing and community visibility, and restrict certain marketing for users we understand to be under 18. Parental-consent requirements and age rules differ between countries, and additional safeguards may apply in some places.

4.6 Design safeguards. We design our Services with the aim of protecting younger users, and we may introduce age-screening, parental-consent workflows, minor-specific privacy settings and other safeguards, particularly before or as Community Features are made available to minors.

5. Parental or guardian permission

5.1 Where these Terms require the permission of a parent or guardian, that permission means a parent or legal guardian who is an adult has read these Terms, agreed to them, and agreed to supervise and take responsibility for the minor’s use of the Services, to the extent permitted by law.

5.2 We may ask a parent or guardian to confirm their permission and identity before certain features are made available to a minor. We may decline or withdraw access if we are not reasonably satisfied that valid permission has been given.

5.3 A parent or guardian may contact us at support@virtfit.io to ask questions about, adjust the settings of, or request closure of, a minor’s Account.

6. Availability by country

6.1 Virtfit is based in Australia. Our principal initial markets are Australia and the United States, but the Services may be accessed from other countries.

6.2 We do not represent that the Services, or any particular feature, are appropriate, available or lawful to use in every location. Features, Content, Subscriptions, pricing, taxes, currencies and integrations may differ by region, and some may not be available where you are. We may add, change, limit or withdraw the Services or particular features in a country or region.

6.3 You are responsible for complying with the laws that apply to you, including any local laws about fitness services, health information, age, online content and consumer protection. If the Services are not lawful for you to use where you are, you must not use them.

6.4 Where you live, you may have mandatory local rights that cannot lawfully be excluded. Nothing in these Terms limits those rights (see Section 44 and Section 48).

7. Creating an Account

7.1 To use most features you need an Account. You must provide accurate and complete registration information and keep it up to date, including a current email address.

7.2 Unless we agree otherwise, you may hold one Account, and an Account is for your personal use only. You must not sell, rent, lend, share or transfer your Account or allow anyone else to use it, except where we expressly offer a household or family feature.

7.3 You may be able to register or sign in using a third-party login provider. If you do, that provider’s terms and privacy policy also apply to your use of their service, and you authorise us to receive the information described in our Privacy Policy from that provider.

7.4 You must not create an Account using automated means, create Accounts in bulk, impersonate anyone, or misrepresent your identity or affiliation.

7.5 We may offer identity or age verification, username rules, account-recovery processes and inactivity rules. We may reclaim usernames that are inactive, misleading, infringing or offensive.

8. Account security

8.1 You are responsible for keeping your login details secure and for use of the Services through your Account, except to the extent the use results from our failure to take reasonable care, from a matter within our control, or where holding you responsible would not be fair or lawful.

8.2 You must use a strong password, keep it confidential, and not reuse it from another service. Tell us promptly at support@virtfit.io if you think your Account has been accessed without your authorisation or your login details have been compromised.

8.3 We may take steps we reasonably consider necessary to protect the security of the Services and Accounts, including requiring a password reset, temporarily limiting access, or verifying your identity.

8.4 We are responsible for taking reasonable steps to protect the Services and the personal information we hold, as described in our Privacy Policy. We do not, however, guarantee that the Services or any Account cannot be compromised, and no online service can be completely secure.

9. Information you submit and personalisation

9.1 The Services, including the AI Features, may use information you choose to give us to personalise your experience. This may include your general fitness level, workout experience, goals, exercise preferences, available equipment, workout history and completed sessions, feedback, and — if you choose to provide them — details such as height, weight, or injuries or limitations you tell us about.

9.2 You choose what to submit. You should provide only information you are comfortable providing, and you should not submit unnecessary sensitive information or information about other people without their consent. Section 20 and our Privacy Policy explain how information you submit to the AI Features is handled.

9.3 We rely on the information you give us to generate recommendations. We do not independently verify it, and accepting your information is not a medical assessment or clearance. If your information is inaccurate or incomplete, the recommendations you receive may be less suitable for you.

9.4 You are responsible for deciding whether a recommendation is appropriate and safe for you, taking into account your own circumstances and any professional advice you have (see Sections 18 to 21).

10. Access to the Services

10.1 If you comply with these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Services for your own lawful personal fitness and wellness purposes during the period you are entitled to use them.

10.2 Some features are free and some require a Subscription. We may change which features are free or paid, subject to Section 38 (Service changes) and your rights under the ACL and other applicable law.

10.3 To use the Apps you need a compatible device, an operating system we support, internet access and up-to-date software. You are responsible for these and for any device, data or carrier charges.

10.4 Your use of the Apps is also subject to the rules of the store you downloaded them from (the Apple App Store or Google Play). Section 15 explains how store billing works and how those rules interact with these Terms.

11. Subscription plans

11.1 We offer paid Subscriptions that give access to premium features. We currently expect to offer monthly and annual plans, and we may offer free trials, introductory offers, promotional pricing and additional plans over time. The plans, features, prices and billing intervals available to you are shown at the point of purchase.

11.2 Monthly plans are billed in advance for each monthly period and renew automatically each month until cancelled (see Section 13). If you cancel, you keep access until the end of the monthly period you have paid for, unless the law requires otherwise or we agree otherwise.

11.3 Annual plans are billed in advance for a 12-month period and renew automatically each year until cancelled (see Section 13). If you cancel, you keep access until the end of the annual period you have paid for, unless the law requires otherwise or we agree otherwise. Price-change notice for annual plans is dealt with in Section 16.

11.4 The features included in a plan may change over time. If we remove a material feature you are paying for, Section 38 applies.

12. Free trials and promotional offers

12.1 We may offer free trials and promotional or introductory offers. The duration and conditions of any trial or offer are shown when you enrol.

12.2 Unless we say otherwise, a free trial is available once per eligible user, and trials or offers are not available to users who have had them before or who create additional or duplicate Accounts to obtain them. We may withdraw, limit or change trials and offers, and we may end a trial or reverse a promotional benefit if we reasonably determine it has been obtained through misuse, duplicate Accounts or a breach of these Terms.

12.3 A free trial may require a payment method and may convert automatically into a paid Subscription. If a trial converts automatically, we tell you this before you enrol, together with the price and billing interval that will apply and the date by which you must cancel to avoid being charged.

12.4 To avoid being charged, you must cancel before the end of the trial or offer period, in the way described in Section 16. Cancelling a trial part-way through generally ends access at the end of the trial period.

13. Automatic renewal

13.1 Subscriptions renew automatically. Unless you cancel, your Subscription will renew at the end of each billing period and the payment method on file will be charged the then-current price for the next period.

13.2 Before you purchase, we (and the relevant app store) show you: that the Subscription renews automatically; the price and billing interval; and how to cancel. Where your purchase is processed by Apple or Google, the renewal is charged by them according to your store account settings.

13.3 You can turn off automatic renewal at any time by cancelling, as described in Section 16. Turning off automatic renewal stops future charges; it does not usually refund the current period (see Section 17).

14. Apple App Store and Google Play billing

14.1 If you buy a Subscription through the Apple App Store or Google Play, the purchase is processed by Apple or Google, not by Virtfit. Your payment, billing, renewal and refunds for that purchase are handled by them under your store account and their terms.

14.2 This means:

• (a) we do not receive or store your full payment-card details for store purchases (we receive limited purchase information, described in our Privacy Policy);
• (b) you manage and cancel a store-billed Subscription through your Apple or Google account settings, not only through the Apps;
• (c) Apple’s or Google’s terms and policies also apply to that purchase, in addition to these Terms; and
• (d) refunds for store purchases are generally requested from, and administered by, Apple or Google (see Section 17).

14.3 If we later offer Subscriptions billed directly through our Website using a payment processor, we will provide the applicable billing, renewal, cancellation and refund terms at that time.

15. Prices, taxes and price changes

15.1 Prices are shown at the point of purchase in the applicable currency. Prices may differ by country, plan, store and over time. Promotional prices apply only for the stated period and conditions.

15.2 Taxes. Prices may be shown inclusive or exclusive of GST, VAT, sales tax or similar taxes, depending on your location and the store. Any applicable taxes are payable in addition to the price unless shown as included. Where Apple or Google processes your purchase, they may collect and remit applicable taxes.

15.3 Price changes. We may change Subscription prices. If a change will affect a renewal of your Subscription, we will give you reasonable advance notice (and at least any notice period required by law or by the applicable app store) before the new price applies. The notice will tell you the new price and when it takes effect. If you do not want to pay the new price, you can cancel before it applies; if you do not cancel, the new price applies from the next renewal. We will not increase the price for a period you have already paid for.

15.4 Where Apple or Google requires your active consent to a price increase before charging you, that process applies to store-billed Subscriptions.

15.5 Failed payments. If a renewal payment fails, your Subscription may be suspended or downgraded, and the store or payment provider may retry the payment under their rules. You can usually restore access by updating your payment method. We are not responsible for fees your bank or card issuer charges.

16. Cancellations

16.1 You can cancel your Subscription at any time. How you cancel depends on how you bought it:

• (a) Apple: manage or cancel through your Apple account subscription settings on your device;
• (b) Google: manage or cancel through your Google Play subscription settings; and
• (c) Direct web billing (if offered): cancel through your Account settings or as we describe at the time.

16.2 We will make cancellation instructions available in the Apps and on the Website.

16.3 Important — two things to know:

(a) Uninstalling or deleting the Apps does not cancel your Subscription. You must cancel through the relevant store or billing provider, or your Subscription may continue and you may continue to be charged.

(b) Deleting your Virtfit Account is not the same as cancelling your Subscription. If your Subscription is billed by Apple or Google, you must also cancel it with them. Deleting your Account may not stop store billing.

16.4 Unless the law requires otherwise, cancellation takes effect at the end of the current paid period, and you keep access until then. After that, premium features stop. What happens to your data after cancellation is described in Section 42 and in our Privacy Policy.

17. Refunds and consumer guarantees

17.1 Your consumer guarantee rights come first. Nothing in this Section limits the consumer guarantees under the Australian Consumer Law or any similar mandatory rights you have where you live. If a consumer guarantee applies and we fail to meet it, you are entitled to the remedies the law gives you (see Section 44).

17.2 Store-billed purchases. Where Apple or Google processed your purchase, refunds are generally requested from, and administered by, them under their policies. We often cannot issue a refund directly for a store purchase. If you believe you are entitled to a refund, contact the store that billed you; you can also contact us at support@virtfit.io and we will help where we can. Apple’s or Google’s refund process does not limit any refund, remedy or consumer right that Virtfit is legally required to provide.

17.3 Change of mind. Except where required by law, Subscription payments are non-refundable and refunds are not generally available for change of mind or for periods you have already been charged for. This does not affect your rights under Section 17.1.

17.4 Getting to the right place. Because different providers handle billing, the fastest way to resolve a billing or refund issue is usually to contact the provider that charged you. We will point you in the right direction if you are unsure.

18. AI-powered features

18.1 What our AI Features do. The Services use artificial intelligence to help provide features such as: generating workouts and exercise recommendations; an AI fitness chat or “AI trainer” function that responds to your questions; personalising and adjusting programs; classifying your preferences; surfacing relevant exercises; analysing your progress; and developing future features. We may use different AI models and providers, and these may change over time.

18.2 AI output is generated automatically and can be wrong. You understand and agree that:

• (a) AI output is produced automatically by software, not by a person, and is not independently reviewed by a qualified human unless we expressly say so;
• (b) AI output may be inaccurate, incomplete, out of date, generic, unsuitable for you, or inconsistent — and the same or similar inputs can produce different outputs;
• (c) AI does not understand your body, health, circumstances or environment the way a qualified professional who assessed you in person would;
• (d) AI can “hallucinate” — that is, produce content that sounds confident but is wrong; and
• (e) you must apply your own judgement, and you remain responsible for deciding whether to follow any AI output.

18.3 Do not rely on AI for safety-critical or professional matters. You must not use the AI Features:

• (a) in an emergency, or where you need urgent help — see Section 20;
• (b) as a substitute for advice from a doctor, physiotherapist, rehabilitation professional, dietitian, psychologist, mental-health professional or other qualified or regulated professional; or
• (c) to obtain a diagnosis, treatment, medication advice, or individual medical clearance.

If AI output conflicts with advice from a qualified professional, or feels unsafe to you, do not follow it. Verify your equipment setup, exercise technique and suitability before you act, and stop if something does not feel right (see Sections 19 and 21).

18.4 No guarantee of AI output. We do not guarantee that AI output is correct, complete, current, safe or effective, and generated workouts may need you to adjust the difficulty, load or technique to suit you. AI availability, models and providers may change or be discontinued. Virtfit does not guarantee that the AI Features will identify or account for every injury, contraindication, limitation, equipment restriction or safety risk disclosed by a user.

18.5 How your information is used by AI. Information you submit to the AI Features (including your messages) is processed to provide the features and may be processed by third-party AI providers on our behalf. Our Privacy Policy explains what is collected, whether AI conversations are stored and for how long, whether any human may review conversations for safety or support, and how we handle improvement of our systems. Please do not submit unnecessary sensitive, confidential or third-party information to the AI Features.

18.6 Prohibited uses of the AI Features. You must not use the AI Features to:

• (a) seek emergency, crisis or life-safety instructions; (b) obtain a medical diagnosis, treatment plan or medication advice; (c) encourage or facilitate disordered eating, extreme dehydration, dangerous weight cutting, starvation, or self-harm, or to seek content that does so; (d) create or request dangerous, reckless or clearly unsafe workouts or “challenges”; (e) obtain instructions for unlawful acts, or to misuse drugs or unapproved substances; (f) harass, abuse, defame or harm any person, or to generate abusive Community content; (g) attempt to reveal, extract or manipulate system prompts, model instructions or other users’ data; (h) probe, attack, disrupt or reverse-engineer the Services or their security; (i) scrape or extract Content or data by automated means; or (j) develop, train or improve a competing artificial-intelligence model, product or service, where we are lawfully entitled to restrict this.

18.7 If you receive AI output that appears unsafe, harmful or seriously inaccurate, please stop, do not act on it, and report it to us at support@virtfit.io so we can review it.

19. Health, fitness and medical disclaimer

19.1 Virtfit is a fitness and general-wellness and educational service. It is not, and does not provide, and is not a substitute for: a medical or healthcare service; a doctor, physiotherapist, rehabilitation provider, psychologist, counsellor or dietitian; an allied-health or clinical service; an emergency service; a diagnosis, treatment or medical-clearance service; or individual professional advice. We do not have a clinician–patient relationship with you.

19.2 Get clearance where appropriate. You should consult an appropriately qualified health professional before you start or change an exercise or fitness program, and follow their advice. This is especially important if you have or may have a medical condition, injury, symptom, disability, or are pregnant or recently pregnant, have had recent surgery, or have a heart or breathing condition, high or low blood pressure, a balance problem, or take medication that may affect exercise — or if you are unsure whether exercise is safe for you.

19.3 Exercise sensibly and safely. You should: begin at an intensity appropriate for you and progress gradually; warm up and cool down; use appropriate equipment, footwear and clothing; make sure you have adequate, safe space; follow equipment instructions; use a spotter where appropriate; stay hydrated; and not exercise while impaired by alcohol, drugs or medication, or when unwell or overly fatigued.

19.4 Stop and seek help if something is wrong. Stop exercising immediately and seek appropriate medical assistance if you experience pain, chest discomfort or pressure, dizziness, faintness, unusual shortness of breath, palpitations, nausea, loss of balance, or any other concerning symptom. Do not “push through” symptoms that may signal a serious problem.

19.5 What we cannot do. We cannot see you, supervise you, assess your technique, monitor your health, or contact emergency services for you. The AI Features cannot do these things either (see Sections 18 and 20).

19.6 This clause is subject to your legal rights. This Section describes the nature of the Services and allocates responsibility fairly; it does not, and is not intended to, exclude any liability or right that cannot lawfully be excluded, including the consumer guarantees under the Australian Consumer Law (see Sections 43 and 44). We do not claim that we are never responsible for any injury in any circumstances.

20. Emergencies

20.1 The Services are not for emergencies. If you or someone else is experiencing a medical emergency, is seriously unwell or injured, or is at risk of harm, contact your local emergency services immediately (for example, call 000 in Australia or 911 in the United States) or seek urgent medical help.

20.2 The AI Features and Community Features are not monitored in real time for emergencies, cannot summon help, and must not be relied on for urgent assistance.

20.3 If you see content in the Community that suggests someone may be at immediate risk of harm, contact local emergency services and report the content to us so we can respond in accordance with our moderation and safety processes (see Section 30).

21. Assumption of exercise risk

21.1 Exercise involves inherent risks. Physical activity of the kinds supported by the Services — including strength training, cardiovascular and high-intensity exercise, stretching, mobility and balance work, plyometrics, free weights, resistance machines, bodyweight exercise, and home, outdoor or gym workouts — carries risks that cannot be completely eliminated.

21.2 Those risks include, for example: muscle, tendon, ligament and joint strains, sprains and tears; falls, slips and collisions; injury from damaged, unsuitable or incorrectly used equipment; injury from incorrect technique, inadequate supervision, overtraining, fatigue or dehydration; aggravation of an existing condition or injury; cardiovascular events; and, in rare cases, serious injury or death.

21.3 You choose whether to participate. You decide whether, when and how to exercise. Before and during any activity, you are responsible for assessing your own capabilities, your health, your equipment and your environment, and for choosing activities and intensities that are safe and appropriate for you. If you are unsure, seek professional advice and do not proceed.

21.4 Subject to your legal rights. To the extent permitted by law, and taking into account the guidance we provide, you voluntarily accept the inherent risks of exercise you choose to undertake. This Section does not exclude or limit any liability or right that cannot lawfully be excluded, including under the Australian Consumer Law and any applicable laws about recreational-services risk waivers (see Sections 43 and 44).

22. Fitness goals and results

22.1 Results from exercise and fitness programs vary from person to person and depend on many factors outside our control, including your effort, consistency, starting point, genetics, health, nutrition, sleep, environment and other activities.

22.2 We do not promise or guarantee any particular outcome, including weight loss, muscle gain, increased strength, improved athletic performance, improved health or appearance, adherence, motivation, competition results, accuracy of progress estimates, or results within any timeframe.

22.3 Progress estimates, calorie figures and similar metrics shown in the Services are approximate and for general guidance only. Nothing in these Terms is a marketing claim about results.

23. Equipment and workout environments

23.1 You are responsible for the equipment you use and the environment you exercise in. You must: inspect equipment before use and not use it if it appears damaged or unsuitable; follow the manufacturer’s instructions and use correct settings and loads; obtain proper instruction where needed; keep your workout space clear, stable and free of hazards; keep children and pets away from dangerous equipment; use appropriate safety devices; and comply with the rules of any gym or facility you use and obtain permission to use it.

23.2 You must select loads and exercises you can perform safely, and avoid or modify anything you cannot safely do. Stop if equipment appears damaged or if you feel unsafe.

23.3 We generally do not manufacture, supply, inspect, maintain or control third-party exercise equipment or the places where you choose to exercise, and we are not responsible for their condition, except to the extent the law makes us responsible or a consumer guarantee applies to something we do supply.

24. Nutrition and supplement features (future)

24.1 We may introduce nutrition, meal-guidance or supplement-information features in the future. These features are not available at launch. If we introduce them, the following applies and we may provide additional terms beforehand.

24.2 Any general nutrition or supplement information is educational only. It is not personalised clinical nutrition, dietetic or medical advice, and it is not a diagnosis or treatment.

24.3 You are responsible for considering your own allergies, intolerances, medical conditions, pregnancy and medication interactions, and for consulting an appropriately qualified professional before acting on nutrition or supplement information.

24.4 Any supplement information is not a guarantee of safety, legality, efficacy, quality or regulatory approval. The availability and regulation of supplements vary by country, and it is your responsibility to comply with the law where you are.

24.5 We do not sell supplements or other physical products at launch. If we do so in future, separate product-sale, pricing, shipping, returns and product-safety terms will apply, and material privacy changes will be notified.

25. Wearables and Connected Services (future)

25.1 We may offer optional integrations with Connected Services, such as Apple Health, Google Health Connect, wearable devices, fitness trackers, heart-rate monitors, smart watches and gym equipment. These integrations may not be available at launch; where offered, they are optional.

25.2 If you choose to connect a Connected Service, we will ask for the permissions needed, and you control those permissions through your device and the relevant service’s settings. You can disconnect a Connected Service at any time, although disconnecting may not delete data already imported (our Privacy Policy explains deletion).

25.3 Wearable Data and other Connected Service data may be delayed, incomplete, duplicated or inaccurate, and must not be relied on for medical monitoring or in an emergency. We do not manufacture third-party devices and do not guarantee their readings.

25.4 A Connected Service is provided by a third party under its own terms and privacy policy. We are not responsible for the Connected Service itself, and we may add, change or discontinue an integration. Additional privacy disclosures apply to integrations, and we will review the specific requirements of platforms such as Apple Health and Google Health Connect before release.

26. Community Features

26.1 We may offer Community Features that let you interact with other users — for example public or semi-public profiles, posts, comments, reactions, leaderboards and rankings, social feeds, challenges, achievements and badges, following or connecting with others, and — in the future — direct messaging between users. Some Community Features may not be available at launch, may be rolled out gradually, or may be limited by region or age. Direct messaging between users is not available at launch; where we introduce it, additional safeguards and settings will apply, particularly for younger users. The privacy controls for each Community Feature apply once that feature is introduced.

26.2 Visibility. Where Community Features are available, different information has different visibility, and you should understand the difference:

• (a) Private information is visible only to you (and to us as needed to run the Services);
• (b) Shared information is visible to users you choose, or who you connect with;
• (c) Community-visible information is visible to other Virtfit users; and
• (d) Public information may be visible to people outside the Services, including on the open internet, for example if a profile or post is made public or is shared onwards.

Not everything you upload is public by default. Where profiles are available, they are private by default, and you choose what to make visible to others. Where these features are available, we provide in-product privacy controls so you can choose who sees what, and we apply more protective defaults for users we understand to be minors. These controls and settings apply as and when each Community Feature is introduced.

26.3 Where posting and sharing features are available, consider who will be able to see your content before you post. Other users may see, screenshot, copy or share Community-visible or Public content, and we cannot guarantee that copies made by others can be removed. Do not post sensitive information or anything you would not want others to see.

27. Community conduct and Community Standards

27.1 Community Features depend on people treating each other with respect and keeping each other safe. By using them, you agree to these community rules, which form a binding part of these Terms. Where we publish a separate, more detailed set of Community Standards, that document is incorporated into these Terms and is binding; if there is any inconsistency, these Terms prevail.

27.2 You must not use the Services to do, promote, facilitate or share any of the following:

• (a) harassment, bullying, threats, intimidation or stalking; (b) hate speech, or discrimination or vilification based on a protected characteristic; (c) sexual exploitation or abuse; grooming or predatory conduct toward any person, and in particular toward minors; or any sexual content involving a minor; (d) non-consensual intimate imagery, or sexual content posted where it is not permitted; (e) doxxing or publishing another person’s private or identifying information without consent; (f) impersonation, or misrepresenting your identity or affiliation; (g) scams, fraud, spam, or unapproved commercial solicitation or advertising; (h) misinformation likely to cause serious harm; (i) dangerous fitness “challenges”, content that promotes deliberately unsafe exercise, extreme dehydration or dangerous weight-cutting, starvation, or that glorifies serious injury; (j) promotion of eating disorders or self-harm; promotion or facilitation of steroid, performance-enhancing or illegal-drug use or sale, or unlawful supplement sale; (k) instructions to misuse equipment, or pressuring anyone (especially a minor) into harmful body-composition practices; (l) content that encourages people to ignore serious symptoms or to avoid seeking appropriate medical help; (m) infringement of intellectual property, breach of confidence, or breach of privacy laws; (n) graphic violence or other unlawful, abusive or gratuitously harmful content; (o) malicious links, malware, or attempts to compromise the Services or other users; (p) platform manipulation, fake accounts or engagement, leaderboard cheating, or evasion of our enforcement; or (q) anything else that is unlawful, or that breaches these Terms.

27.3 You are responsible for your conduct and your User Content. We may act under Section 30 if you breach these rules.

28. User Content

28.1 You own your User Content. You keep the ownership rights you already have in your User Content. These Terms do not transfer ownership of your User Content to us.

28.2 Your promises about User Content. When you submit User Content, you confirm that: you have the rights necessary to submit it and to grant the licence in Section 28.3; you have the consent of any identifiable person in it; you are authorised to upload it; you have complied with privacy and other applicable laws; it does not infringe intellectual property or disclose confidential information; and it complies with these Terms, including Section 27.

28.3 Licence to us. So that we can operate the Services, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, back up, reproduce, format, adapt (for technical purposes such as resizing), display, distribute and otherwise technically process your User Content, and to make it available to others according to the visibility setting you choose. This licence is sublicensable only to our service providers and only as reasonably necessary to operate, secure, moderate, back up and deliver the Services. It exists only for these legitimate platform purposes.

28.4 We will not use your private content for external advertising without permission. We will not use your identifiable progress photograph, transformation photograph, testimonial, or other private User Content in external paid advertising or marketing without your additional, specific permission or another valid legal basis. Uploading content into a Community Feature permits it to be displayed within the Services according to the visibility setting you choose.

28.5 Deleting content. You can delete your User Content, subject to reasonable backup, legal-retention, security and platform-integrity requirements described in our Privacy Policy. Deletion may take time to take effect across backups, and may not remove copies that other users have already made or shared. Content you shared publicly or with other users may remain visible to them even after you delete your copy.

28.6 Except where required by applicable law or our Privacy Policy, we are not required to preserve or return User Content after it is deleted or your Account is closed. You should keep your own copies of anything important.

29. Public profiles and leaderboards

29.1 If you use profiles, leaderboards or rankings, some information may be visible to other users — for example your display name, profile photograph, selected achievements and, where the feature involves it, certain workout statistics. What is shown depends on the feature and your privacy settings.

29.2 Rankings and leaderboards are provided for engagement and are approximate. They may be calculated in ways that are not exact, may be delayed, and may be reset. They are not professionally verified measures of fitness or performance, and you should not treat them as such.

29.3 Cheating, manipulation and fake results are prohibited (Section 27), and we may remove or adjust results we reasonably consider inaccurate, suspicious or obtained by manipulation.

29.4 We aim to keep exact location, date of birth and unnecessary health details out of public view by default, and to apply stricter defaults for minors. Choose your privacy settings to suit you.

30. Content moderation

30.1 We may, but do not have to, review User Content, and we do not pre-screen everything. We are not responsible for User Content created by users, except to the extent the law makes us responsible.

30.2 Reporting. We aim to provide tools to report content or conduct, and to block other users. If you see content that breaches these Terms — especially anything that suggests a risk to a person’s safety — please report it.

30.3 What we can do. Where we reasonably consider that User Content or conduct breaches these Terms or the law, or is otherwise harmful, we may take proportionate action, having regard to the seriousness, intent, context, recurrence and risk involved, and the age of anyone affected. Action may include: giving a warning; reducing the visibility of content; removing content; restricting features; suspending or, in serious or repeated cases, permanently closing an Account; preserving evidence; reporting to authorities where legally required or appropriate; and offering a review or appeal where feasible.

30.4 We try to act reasonably and proportionately, but we cannot promise to review every report, to remove every harmful item, or to act within a particular time. We prioritise reports that indicate a risk to safety.

31. Intellectual property

31.1 The Services and everything in them (other than your User Content and third-party content) are owned by us or our licensors and are protected by intellectual-property and other laws. This includes our software, source and object code, databases, interfaces and APIs, AI systems, prompts, model configurations and workout-generation logic, algorithms and exercise-selection systems, our exercise database and workout library, program structures, audiovisual content, illustrations, text and designs, our brands, trademarks, logos, domain names and documentation, and all compilations, methods and improvements.

31.2 We and our licensors reserve all rights not expressly granted to you. Nothing in these Terms transfers ownership of the Services or our Content to you.

31.3 We do not claim ownership of general exercise movements, common fitness knowledge, or other things that cannot lawfully be owned. Our rights are in our particular expression, selection, arrangement, software, brand and materials.

32. Virtfit content licence to you

32.1 Subject to these Terms and your entitlement, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the Services and our Content for your own lawful personal fitness and wellness purposes during your entitlement period.

32.2 You may take screenshots and make incidental personal-use copies (for example, saving a workout for your own session), provided you do not remove ownership notices and do not use them in a way these Terms prohibit. You must not otherwise copy, reproduce, distribute, publish, adapt or commercialise our Content except as these Terms allow or the law permits.

33. Acceptable use restrictions

33.1 In addition to Section 27, you must not:

• (a) copy, extract or reproduce a substantial part of our exercise library, database or Content; (b) resell, sublicense or commercially exploit access to the Services, or share your Account outside any permitted household feature; (c) scrape, crawl, or use bots or other automated means to access or extract data or Content; (d) reverse engineer, decompile or disassemble the Services, except to the extent this restriction is prohibited by law; (e) bypass, disable or interfere with access controls, security or rate limits; abuse credentials; or introduce malware; (f) conduct denial-of-service attacks or unauthorised security or penetration testing; (g) make fraudulent payments or abuse chargebacks; (h) manipulate leaderboards, create fake accounts or engagement, or impersonate others; (i) upload infringing, unlawful or harmful content, or remove ownership notices; (j) use the Services for unauthorised commercial purposes; (k) use the Services or our Content to develop, train or improve a competing product, service or artificial-intelligence model, where we are lawfully entitled to restrict this; or (l) interfere with the Services or with other users’ use of them.

33.2 Personal training and coaching. You may use the Services personally, including if you happen to work as a trainer or coach. However, you must not resell or re-supply a personal Subscription as your own commercial service to clients, or use a single personal Subscription to run a business, unless we agree in writing (for example, through a future corporate, gym or professional offering — see Section 37).

34. Feedback and suggestions

34.1 If you send us feedback, ideas or suggestions about the Services, you agree that we may use them to operate, develop, improve and promote the Services, without obligation to you, and you grant us a perpetual, irrevocable, worldwide, royalty-free licence to do so. We will not publicly identify you as the source of that feedback without your permission. You are not obliged to give feedback, and we are not obliged to use it or keep it confidential. This Section does not affect your rights in your own pre-existing materials or your User Content.

35. Third-party services

35.1 The Services rely on, link to, or interoperate with third parties, which may include Apple and Google, payment and subscription providers, authentication and social-login providers, hosting and infrastructure providers, analytics and crash-reporting providers, customer-support and communications tools, AI service providers, Connected Services, gyms, and (if introduced) advertisers or sponsors.

35.2 Third parties have their own terms and privacy policies, which apply to your use of their products and services. We are not responsible for the independent acts or omissions of third parties, or for third-party products, services or websites we do not control. This does not exclude any liability that cannot lawfully be excluded.

35.3 The availability and functionality of parts of the Services may depend on third parties. External links are provided for convenience and are not endorsements. Our Privacy Policy describes third parties that process personal information for us.

36. Promotions, competitions and prizes

36.1 We may run challenges, competitions, giveaways, rewards, prizes, promotional campaigns and sponsored activities. When we do, specific official rules for that promotion will apply, and those rules prevail over these Terms for that promotion to the extent of any inconsistency.

36.2 Unless the specific rules say otherwise:

• (a) eligibility may depend on your age and location, and some regions may be excluded; (b) where the law requires, no purchase is necessary to enter, and a free method of entry will be provided; (c) cheating, bots, multiple accounts and manipulation are prohibited, and we may verify eligibility and disqualify entries; (d) your health and safety remain your responsibility, and you should not attempt anything unsafe to participate; (e) prizes may be subject to conditions, and any tax on a prize is the winner’s responsibility to the extent permitted by law; (f) prize substitutions, if any, will be limited to what is fair and lawful; and (g) technical problems or platform outages may affect participation.

36.3 We will not cancel a promotion, or refuse to award a validly won prize, arbitrarily. We may cancel, suspend or modify a promotion where it is reasonably necessary (for example, for legal reasons, fraud, or events beyond our reasonable control), and where we do, we will act fairly and in accordance with the specific rules and applicable law.

37. Corporate wellness and gym access (future)

37.1 In the future we may offer employer-sponsored accounts, gym or studio partnerships, team programs, coaching, sporting-organisation access and corporate challenges. These may be provided under separate organisational terms, which will govern that access.

37.2 Your private data is not automatically shared with an employer or gym. If an employer, gym or other organisation sponsors or funds your access, that does not by itself entitle them to your private health, workout or personal information. We will not give an organisation your individual personal information unless you are clearly informed, the sharing is permitted by law, there is a valid legal basis, and, where required, you have meaningful controls. An organisation may receive aggregated or de-identified information, or individual information only where properly authorised. Our Privacy Policy explains this further.

38. Service changes

38.1 We may change the Services from time to time — for example to add, improve, remove or retire features, to reflect changes in technology, law or third-party services, or for commercial reasons. We may also change technical requirements.

38.2 Removing a material paid feature. We will not remove the core paid Service without addressing the effect on you. If we permanently remove a material feature that you are paying for, we will act fairly, and depending on the circumstances this may include giving you reasonable advance notice, offering a reasonable alternative, allowing you to cancel, and providing a credit or refund where the law requires or where it is fair to do so. Your rights under the Australian Consumer Law and other applicable law are not affected.

38.3 We will try to give reasonable notice of changes that materially and adversely affect you, except where a change is needed urgently (for example, for security, legal or safety reasons).

39. Updates, beta functionality and availability

39.1 Updates. We may issue updates to the Apps and Services, including to fix errors, improve performance, maintain compatibility and address security risks. Some updates may be required for the Services to keep working, and your device settings may install them automatically.

39.2 Beta and experimental features. We may offer features labelled as beta, preview, trial or experimental. These are provided for evaluation, may be changed or withdrawn, may be less reliable, and may have additional or different terms. To the extent permitted by law, beta features are provided with fewer assurances than generally available features.

39.3 Availability. We aim to keep the Services available, but we do not promise that they will be uninterrupted, error-free or always available. The Services may be affected by maintenance, updates, technical issues, third-party outages, or events beyond our reasonable control. We may suspend the Services where reasonably necessary, for example to protect security or to carry out maintenance, and we will try to limit disruption. This Section is subject to the consumer guarantees and other rights that cannot be excluded (Sections 43 and 44).

40. Privacy

40.1 Our Privacy Policy explains how we collect, use, disclose and protect personal information, including information processed by the AI Features and Connected Services, and the choices and rights you have. By using the Services you acknowledge our Privacy Policy. Please read it — it is available on the Website and in the Apps.

40.2 The Privacy Policy is primarily a description of our data practices. It does not reduce the privacy rights you have under applicable law, and where it creates obligations on us, those obligations form part of our agreement with you.

41. Suspension and termination

41.1 By you. You may stop using the Services at any time, cancel your Subscription (Section 16) and delete your Account (Section 42).

41.2 By us. We may suspend or restrict your access to, or terminate, your Account or the Services (in whole or in part) where it is reasonably necessary, including if: you materially breach these Terms; you engage in illegal conduct, fraud, or conduct that threatens security or safety; you do not pay amounts due; you harass or endanger others; there is a child-safety concern; you infringe rights; you repeatedly or seriously breach our rules; you manipulate leaderboards or misuse the AI Features; or the law or a regulator requires it.

41.3 Fair process. We will act proportionately to the seriousness of the issue. Where practical and appropriate, we will give you notice and an opportunity to fix the problem, and we will offer a review or appeal. We may suspend immediately, without prior notice, where there is a risk to safety, security, other users or our systems, or where the law requires; and we may investigate and preserve relevant information.

41.4 Effect. If your access ends: your licence to use the Services ends; you may lose access to Content and User Content associated with your Account; and provisions that by their nature should survive (including Sections 28.1, 31, 34, 43–48 and 50) continue to apply. Termination does not by itself cancel a Subscription billed by Apple or Google — you must cancel that with them (Section 16).

41.5 Paid periods. If we terminate or suspend your Account other than because of your breach or conduct of the kind described in Section 41.2, we will deal fairly with any unused portion of a paid period, including by providing a pro-rata refund or credit where the law requires or where it is fair to do so. Your rights under the Australian Consumer Law are not affected.

42. Account deletion

42.1 You can ask us to delete your Account by contacting us at support@virtfit.io, and, where an in-app account-deletion option is available, by using that option. Where we provide in-app deletion, we design it to be consistent with app-store requirements.

42.2 Deletion is separate from cancellation. Deleting your Account does not cancel a Subscription billed by Apple or Google — cancel that through the store (Section 16). If you delete your Account without cancelling, you may continue to be charged by the store.

42.3 When you delete your Account, we delete or de-identify your personal information as described in our Privacy Policy, subject to reasonable backup cycles and to information we are required or permitted to keep (for example, for legal, tax, security, fraud-prevention or dispute-resolution purposes). Content you shared with others or posted publicly, and copies others have made, may remain. Disconnect any Connected Services separately if you wish.

43. Disclaimers and warranties

43.1 Read this together with Section 44. This Section applies only to the extent permitted by law and is subject to the consumer guarantees and other non-excludable rights described in Section 44. Where a law implies a guarantee, warranty or right that cannot lawfully be excluded, nothing in this Section excludes it.

43.2 Subject to Section 44, and to the maximum extent permitted by law, we provide the Services and Content on an “as is” and “as available” basis, and we do not make promises or guarantees about: continuous, timely, secure or error-free availability or operation; compatibility with your device or other software; the accuracy, completeness, currency, reliability or suitability of Content, AI output, progress metrics, or information you or other users supply; the conduct of other users or their User Content; the readings or data of Connected Services or wearables; the results you will achieve; or beta features.

43.3 Subject to Section 44, and to the maximum extent permitted by law, we exclude all warranties, conditions and guarantees that are not expressly set out in these Terms, whether implied by statute, common law or otherwise.

44. Consumer guarantees and your rights (savings clause)

44.1 Australian Consumer Law. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. In Australia, for example, if we supply services to a consumer, those services come with guarantees including that they will be provided with due care and skill and be reasonably fit for any purpose we or you have specified. For major failures with a service, you are entitled to cancel your service contract and to a refund for the unused portion, or to compensation for the reduced value of the service; and you are also entitled to be compensated for any other reasonably foreseeable loss or damage from the failure. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

44.2 Nothing is excluded that cannot be excluded. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that applies under the Australian Consumer Law or any other law and that cannot lawfully be excluded, restricted or modified.

44.3 Overseas users. If you use the Services from outside Australia, you may have mandatory local consumer rights. Nothing in these Terms is intended to exclude or limit those rights where they cannot lawfully be excluded, and this Section should be read as preserving them.

45. Limitation of liability

45.1 This Section is subject to Section 44. Nothing in this Section limits or excludes any liability that cannot lawfully be limited or excluded, including under the Australian Consumer Law, liability for death or personal injury caused by our negligence to the extent it cannot be excluded, or liability for our fraud. If and to the extent any part of this Section is not permitted by the law that applies to you, it does not apply to you.

45.2 Subject to Section 45.1, and to the maximum extent permitted by law:

• (a) we are not liable for loss or damage that was not reasonably foreseeable, or that did not arise naturally from our breach or from a matter within our control;
• (b) we are not liable for indirect or consequential loss, or for loss of profits, revenue, business, opportunity, goodwill, or anticipated savings; and
• (c) we are not liable for loss or damage to the extent it is caused by: your own acts or omissions, including how you choose to exercise or use equipment; your failure to follow safety guidance or professional advice; your reliance on AI output contrary to Section 18; the conduct or User Content of other users; Connected Services or wearable readings; or third-party services, in each case except to the extent we are responsible at law.

45.3 Loss of data. Subject to Section 45.1, and to the maximum extent permitted by law, we are not liable for loss or corruption of data, and you are responsible for keeping your own copies of important information (see Section 28.6).

45.4 Cap on liability. Subject to Section 45.1, and to the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with the Services and these Terms (whether in contract, tort including negligence, under statute or otherwise) is limited to the greater of: (a) the total amount you paid us (or, for store-billed purchases, that was paid for your Subscription) for the Services in the 12 months before the event giving rise to the liability; and (b) AUD 500.

46. Indemnity

46.1 To the extent permitted by law, you agree to compensate us for reasonable loss, damage, liability, costs and expenses we suffer to the extent they are caused by, and proportionate to: your unlawful or infringing User Content; your infringement of another person’s rights; your serious or deliberate misuse of the Services; your fraud or wilful misconduct; your unauthorised commercial exploitation of the Services; or your material breach of these Terms.

46.2 This indemnity applies only to the extent the relevant loss is caused by your conduct, and is reduced to the extent our own acts or omissions, or those of someone we are responsible for, contributed to the loss. It does not apply to loss you are not responsible for at law, and it is subject to any rights you have that cannot lawfully be excluded. We will take reasonable steps to mitigate our loss.

47. Disputes and complaints

47.1 Talk to us first. If you have a problem or complaint, please contact us at support@virtfit.io and give us enough information to investigate — including your Account details, what happened, and what you would like us to do. We will acknowledge your complaint and make reasonable efforts to resolve it fairly and promptly.

47.2 Your other rights are not affected. Nothing in this Section prevents you from seeking urgent relief from a court, making a complaint to a consumer protection regulator or other authority (for example, the Australian Competition and Consumer Commission, State or Territory consumer-affairs/fair-trading agencies, or the Office of the Australian Information Commissioner for privacy matters), or exercising any statutory right. Contacting us first is encouraged but is not a precondition to those rights.

47.3 We may in future offer an additional dispute-resolution step such as mediation. If we do, we will describe it and it will not remove your statutory rights.

48. Governing law

48.1 These Terms, and any dispute or claim arising out of or in connection with them or the Services, are governed by the laws of Western Australia and the Commonwealth of Australia that apply there.

48.2 You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts able to hear appeals from them. “Non-exclusive” means that where the law permits, proceedings could also be brought in another court that has jurisdiction.

48.3 Mandatory local rights preserved. If you are a consumer, this Section does not deprive you of the protection of mandatory consumer-protection laws, or of the right to bring proceedings in the courts, of the country or place where you live, where those protections or rights cannot lawfully be excluded by agreement. In that case, those mandatory rights continue to apply despite this Section.

49. Changes to these Terms

49.1 We may update these Terms from time to time — for example to reflect changes to the Services, our practices, third-party requirements, or the law.

49.2 We will post the updated Terms with a new effective date and version number. If a change is material and adversely affects you, we will take reasonable steps to notify you in advance (for example, by email, in-app notice, or at sign-in), and tell you when the change takes effect.

49.3 Changes are not retrospective. For changes that require your agreement under applicable law, we will seek your agreement, and we will not treat you as having accepted a material change merely because you did not read our notice. Where the law permits changes to take effect on notice, your continued use of the Services after the change takes effect means you accept the updated Terms; if you do not agree, you should stop using the Services and may cancel and delete your Account. We keep prior versions available on request.

50. General provisions

50.1 Entire agreement. These Terms, together with the documents they incorporate (including the Privacy Policy and any specific feature or promotion terms), are the entire agreement between you and us about the Services, and replace earlier agreements about the same subject matter, except for anything that cannot be excluded by law.

50.2 Severability. If a provision of these Terms is or becomes invalid or unenforceable, it is read down or severed to the minimum extent necessary, and the rest of the Terms continue.

50.3 No waiver. If we do not enforce a right or provision, that is not a waiver of it.

50.4 Assignment. You may not transfer your rights or obligations under these Terms without our consent. We may assign or transfer our rights and obligations to another entity as part of a genuine merger, acquisition, restructure or sale of our business or assets, provided this does not reduce your rights under these Terms; we will tell you if this materially affects you. We may use subcontractors and service providers to help provide the Services, but we remain responsible to you for the Services as required by law.

50.5 Notices. We may give you notices by email to the address linked to your Account, by in-app message, or by posting on the Website. You can give us notices at support@virtfit.io. You consent to receiving communications and notices electronically.

50.6 Force majeure. We are not responsible for failure or delay caused by events beyond our reasonable control, to the extent the law allows; this does not affect your consumer guarantee rights.

50.7 Relationship. You and we are independent; these Terms do not create any partnership, agency, employment or joint venture.

50.8 Third-party rights. Except where these Terms expressly benefit Apple or Google (or the law provides otherwise), a person who is not a party has no right to enforce these Terms.

50.9 App-store terms (including Apple). Where you obtain an App from Apple or Google, that store’s terms also apply to your use of the App. Where the store’s rules require, Apple or Google (and their subsidiaries) are third-party beneficiaries of these Terms and may enforce them against you in relation to your use of that App. In particular, for Apps obtained from the Apple App Store, you acknowledge and agree that:

• (a) these Terms are between you and Virtfit only, and not with Apple, and Virtfit (not Apple) is responsible for the App and its content;
• (b) the licence granted to you under these Terms is a non-transferable licence to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple App Store terms;
• (c) Virtfit, not Apple, is solely responsible for providing any maintenance and support for the App, and Apple has no obligation to furnish any maintenance or support;
• (d) Virtfit, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product-liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and consumer-protection or similar claims;
• (e) Virtfit, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that the App, or your use of it, infringes that third party’s intellectual property rights;
• (f) you must comply with any applicable third-party terms of agreement when using the App;
• (g) you represent that you are not located in a country that is subject to a relevant embargo, and that you are not listed on any relevant prohibited- or restricted-parties list; and
• (h) Apple and its subsidiaries are third-party beneficiaries of this Section 50.9 and, on your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section against you as a third-party beneficiary.

50.10 Interpretation. Headings are for convenience only. “Includes” and similar words are not limiting. References to legislation include amendments and replacements. A reference to a person includes a body corporate.

50.11 Survival. Provisions that by their nature should survive termination do survive, including Sections 28.1, 31, 34, 43 to 48, 50 and 51.

51. Contact information

If you have a question, request or complaint, contact us: