Legal Terms, Privacy Policy & Health Disclaimer

We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms of Use.

In that event, we will provide notice of the variation by publishing the updated Terms of Use on the Application.

The updated Terms of Use will be taken to have effect on the date of publication.

Your continued use of our Application constitutes your acceptance of the updated Terms of Use and is taken as your agreement to be bound by these updated Terms of Use.

Should you object or disagree to the Terms of Use, your only remedy is to contact us at contact@nexawebdev.com and immediately discontinue your use of our Application.

The Application is developed and published by Nexa Web Development and is available to be downloaded from the Apple app store provided by Apple Inc (App Store Provider).

The Application is made available only to, and may only be used by, persons who:

In order to use the Application, you must have a compatible device which meets the minimum specifications as made known by us (or the App Store Provider) from time to time. You accept responsibility for use of the Application on any such device that the Application is downloaded and installed on.

You acknowledge and agree that all exercise routines, physical training programmes, workouts, movement instructions, nutritional suggestions, wellness tips, and related materials made available on or through the Application, whether generated by an artificial intelligence (AI) application programming interface (API), software algorithms, Materials, or third-party integrations, are provided strictly for general informational, educational, and motivational purposes only.

The Application does not provide medical, clinical, physiological, nutritional, or professional healthcare advice, diagnosis, or treatment. None of the content on the Application should be construed as, or relied upon as a substitute for, professional medical advice, clinical consultation, or medical assessment.

The Application includes an AI-powered chatbot (AI Chatbot) as part of the Services provided to you. The AI Chatbot is not a medical practitioner or healthcare professional, and any information, content, recommendations or responses generated by the AI Chatbot do not constitute medical advice, diagnosis, treatment, or healthcare services. You must not rely on any information provided by the AI Chatbot as medical advice, including where you have prompted the AI Chatbot to provide information, guidance or recommendations outside the scope of the Application’s intended training programme, functionality or purpose. Any such responses remain general information only and are used at your sole risk.

Before commencing, following, or altering any physical exercise programme, fitness regime, strenuous activity, or nutritional plan available on or through the Application, you must consult with a registered medical practitioner or qualified healthcare professional. You warrant and represent to us that you are in good physical condition, have no medical reason or impairment that might prevent you from engaging in active or passive exercise, and have obtained all necessary medical clearances.

If you have any pre-existing medical conditions, chronic illnesses, injuries, cardiovascular symptoms, balance or joint disorders, respiratory conditions, or if you are pregnant, postnatal, or elderly, you must exercise extreme caution and must not undertake any exercise routine suggested by the Application without explicit clearance from your physician.

If at any time during physical exercise or while using the Application you experience faintness, dizziness, shortness of breath, chest pain, abnormal heart rhythm, severe joint discomfort, or acute physical pain to any degree, you must immediately stop all physical activity and seek immediate emergency medical care.

You acknowledge and agree that engaging in physical exercise, bodyweight movements, athletic training, equipment usage, or dietary changes involves inherent risks of minor or severe bodily injury, illness, muscle strain, musculoskeletal damage, cardiovascular complications, heat exhaustion, physical disability, or death. You confirm that your participation in any fitness routines or physical activities presented on the Application is entirely voluntary, and you freely, knowingly, and expressly assume all inherent and associated risks.

To the maximum extent permitted by the Applicable Laws of New South Wales (NSW) and Australia, we, our directors, officers, employees, agents, contractors, and related bodies corporate expressly disclaim and exclude all liability to you or any third party for any personal injury, bodily harm, physical or mental illness, aggravation of any pre-existing medical condition, pain, disability, or death arising directly or indirectly from:

You are solely responsible for ensuring that you perform any physical exercise in a safe, suitable, unobstructed, and well-ventilated environment, and that any equipment, footwear, or accessories you choose to utilise are appropriate, safe, and maintained in sound condition.

Nothing in this clause excludes, restricts, or modifies any statutory right or guarantee under Division 1 of Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) or other Applicable Laws of New South Wales (NSW) or Australia that cannot lawfully be excluded, restricted, or modified.

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Application during the Term in accordance with these Terms of Use.

You acknowledge and agree that you will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation Intellectual Property Rights) in the Application other than the non-exclusive rights granted in accordance with these Terms of Use.

Your use of the Application will also be subject to any applicable terms and policies applied by the App Store Provider as set out in clause 8 of these Terms of Use.

In order to access the Application, you will be required to download the Application and register an Account with us.

Downloads of the Application are handled, managed, maintained and governed by the App Store Provider from which you downloaded the Application.

To register an Account on the Application simply follow the prompts on the Application and the App Store Provider.

You acknowledge and agree that you are solely responsible for ensuring that you have read and understood any applicable third-party (such as Apple Inc.) terms and conditions when downloading the Application. The licence granted under these Terms of Use is subject to any relevant terms and policies applied by the App Store Provider, whose site is located at https://itunes.apple.com.

We will not be liable for any loss or damage suffered by you in connection with such third-party terms, regardless of whether we bring these to your attention or not. You are solely responsible for obtaining a copy of and reviewing such third-party terms.

You will be required to provide your payment details and select either a monthly or an annual subscription plan when registering an Account with us, before you are able to use the Application. You will not be charged until the expiry of the 14-day trial period on the date notified within the Application upon registration (Trial Period). You may cancel your subscription at any time during the Trial Period without incurring any charge. Upon expiry of the Trial Period, without cancellation, you will be charged for the first instalment of the elected subscription plan. This payment allows access to and use of the Application for the elected subscription period and will remain active until expiration of your subscription or termination per clause 12 of these Terms of Use.

Subscription payments made through the Application are processed by RevenueCat, an independent third-party provider operating through the App Store Provider (RevenueCat). We do not process, store, or control your payment card details except as necessary to facilitate transactions through RevenueCat.

By purchasing a subscription, you acknowledge and agree that payment processing services are provided by RevenueCat and are subject to RevenueCat’s own terms, conditions, and privacy practices. You are responsible for reviewing and understanding RevenueCat’s terms of service and privacy policy, including any rights, obligations, and protections that may apply to you in connection with payment transactions.

Your subscription will automatically renew upon the expiration of each subscription period, and you will be charged for each renewal, until expiration of your subscription or termination per clause 12 of these Terms of Use.

To the fullest extent permitted by law, we are not responsible or liable for any acts, omissions, errors, interruptions, delays, security incidents, payment failures, chargebacks, disputes, data handling practices, or other matters arising from or related to RevenueCat’s services. Any issues relating to payment processing may need to be addressed directly with RevenueCat in accordance with its applicable terms and policies.

Your use of RevenueCat’s payment services constitutes your acceptance of any applicable RevenueCat terms and policies, as amended from time to time.

How the Apple Inc. terms apply to your use of the Application

To access and use the Application, you will need to register with us and set up an Account with your email address and a password or through an existing Apple or Google account.

You acknowledge and agree that:

If we enable you to connect to the Application with a third-party service (e.g. Facebook or Gmail, etc), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. You should contact us immediately if you believe your Account has been compromised or misused in any way.

When you notify us of your Account being accessed without your authority or your Account not being secure, we may restrict your use of the Application in our absolute discretion.

Maintenance

Availability

You acknowledge and agree that you will:

Your use of the Application, including the information submitted on the Application, must not:

Whilst using the Application, you must not:

You agree that you will not:

These Terms of Use will continue to apply until terminated or superseded by us. You can terminate your agreement with us (or close your Account) by following the prompts on the Application and the App Store Provider. Termination will be effective immediately.

We may terminate our agreement with you (or close your Account) or cease providing all or any part of the Application immediately without notice to you for any reason, including without limitation due to inactivity, non-payment, misuse or data security concerns.

If you delete your Account, or your Account is otherwise removed, we will not be responsible for recovering your Account or any Client Data on the Account.

If you terminate your Account at any time, as payment is received upfront, no refunds will be made available, except to the extent required by the ACL or another Applicable Law. Refunds will only be considered on a case-by-case basis and if there is a prolonged technical failure.

Any refund requests for subscriptions purchased through the Apple app store will be handled in accordance with Apple’s refund processes.

If your Account is about to expire and you do not wish to continue to use the Application, you must give a minimum of five (5) business days to terminate, prior to the date of expiry of your subscription (when your next payment is due).

On termination of these Terms of Use:

Any clause of these Terms of Use which by their nature should survive termination, will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

The Application and Materials

Client Data

AI Outputs

All material on this Application, including (but not limited to) templates, information, text, documents, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce it. Modification of our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.

You acknowledge that you do not acquire any ownership rights by using the Application or our Content.

The trade marks, logos, and service marks displayed on our Application to denote our brand are either registered or unregistered trade marks of us (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.

Nothing contained on this Application should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.

You agree that damages may be an inadequate remedy to a breach of these Terms of Use and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

This clause survives termination of these Terms of Use.

Subject to the other terms of this clause, in the event that:

Prior to termination of these Terms of Use or your Account otherwise becoming inactive, you may request that we export or send through your Client Data by contacting us at contact@nexawebdev.com. We cannot guarantee that we will provide Client Data once your Account becomes inactive.

We provide the Application on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. You rely on the Application at your own risk and are solely responsible and liable for how you use the Application.

Without limiting the above clause, you acknowledge and agree that:

This disclaimer does not exclude rights that may not be excluded by Law, including but not limited to, those rights under the Australian Consumer Law.

You acknowledge and agree that the Application incorporates artificial intelligence tools, machine learning models, and automated algorithmic systems to provide certain features of the Application to you.

Whilst reasonable efforts are taken in the deployment of our APIs, we make no representations, and give no guarantees, conditions, or warranties of any kind (whether express, implied, or statutory, to the maximum extent permitted by law) regarding the currency, suitability, reliability, completeness, fitness for any particular purpose, non-infringement of third-party intellectual property rights, or accuracy of any AI-generated responses, text, code, graphics, recommendations, or other outputs (collectively, AI Outputs).

By accepting these Terms of Use, you acknowledge and agree that:

Nothing in this clause excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) or other applicable laws of New South Wales (NSW) or Australia that cannot lawfully be excluded, restricted, or modified.

Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Application that are not expressly set out in these Terms of Use to the maximum extent permitted by law.

Without limitation to the clause above, to the extent permitted by law, we exclude all liability to you and/or anyone else for Losses arising in any way in connection with the Application and/or these Terms of Use, including but not limited to Losses suffered as a result of:

Subject to the other terms of this clause, our maximum aggregate liability to you for any Loss or damage or injury arising out of or in connection with these Terms of Use, the Application, the APIs, including any breach by us of these Terms of Use however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the greater of $1 or the actual charges paid by you to us under these Terms of Use in the one-month period preceding the matter or event giving rise to the claim.

Nothing in these Terms of Use is intended to have the effect of excluding, restricting or modifying the Application of all or any of the provisions of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of services, to the extent that the ACL applies to the Application.

If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option the resupply of the services on the Application or the payment of the cost of resupply.

The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.

Without limitation to the other terms of this clause, we exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms of Use.

Notwithstanding anything else in this clause, our liability will be reduced to the extent the loss or damage is caused by or contributed to by you.

If you recover any amount under an insurance policy in respect of a claim under or in relation to or arising out of these Terms of Use and that amount is less than the loss or damage incurred by you, the amount of the shortfall will be the amount of your loss for the purposes of these Terms of Use.

Except to the extent caused by the breach of these Terms of Use by us, you indemnify and release us, and our officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against any Losses (including any direct, indirect, special or consequential Losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by us arising out of or in connection with:

You must make payments under this clause:

It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause.

The indemnities in this clause:

We take all reasonable steps, however we do not guarantee the security of the Application, our records, or your information. We disclaim all liability for any computer virus or technological problems that are beyond our control.

At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and our Application, nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.

Should you breach this clause, you hereby indemnify us in accordance with clause 3 above.

Any links to other websites on our Application, which are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.

As affiliates of certain services, we may also receive compensation for recommending, endorsing or promoting services as featured on our Application or in the course of delivering our services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.

We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

You cannot transfer or assign your rights in accordance with these Terms of Use, including any membership or registration with us, without our prior written consent.

We may assign or transfer our rights and obligations under these Terms of Use at any time, upon prior written notice to you of at least 4 calendar weeks.

These Terms of Use shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

If a dispute arises between the parties in relation to these Terms of Use, the dispute must be dealt with in accordance with this clause.

Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

In the case of claims against us, all notices are to be provided to contact@nexawebdev.com.

If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

Once a mediator is appointed, the parties agree that:

If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

This clause survives termination of these Terms of Use.

These Terms of Use shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises between us.

We welcome enquiries or feedback on our Application. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.

If you provide us with any feedback, ideas, modifications, suggestions, improvements or other content you agree that we may, at any time, without restrictions exploit, copy, republish, edit, or otherwise use such content on any medium worldwide (including on the internet). We will not be required to pay you any compensation for such content (regardless of our use). We have no obligation to review any content or otherwise remove any content that may be unlawful, offensive, threatening, defamatory or obscene.

If you have questions or comments regarding this Application, please email us at contact@nexawebdev.com.

Definitions

Interpretation

By browsing, accessing or using our Site, you acknowledge that you have read and understood these Terms and agree to be bound by it, and all our other terms and conditions and policies.

We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms.

In that event, we will provide notice of the variation by publishing the updated Terms on our Site.

The updated Terms will be taken to have effect on the date of publication.

Your continued use of our Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.

Should you object or disagree to the Terms, your only remedy is to contact us at contact@nexawebdev.com and immediately discontinue your use of our Site.

The information made available on our Site is intended for general education and information purposes only. Nothing on this Site purports to offer financial, legal, tax, or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.

We provide the information on our Site on an "as-is" basis and whilst every effort is taken to ensure the content provided on the Site is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of the content and the Site for any purpose.

It is your responsibility to independently verify the information made available on the Site.

Any template, document, information, guideline, forecast and recommendation made by us on our Site are made on the basis of information that was available to us at the time.

You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Site.

If our Site includes information from or about third parties, we do not warrant the quality or accuracy of that information.

Nothing on our Site is a promise or guarantee of results. Any information given, including case studies, examples, figures or representations referenced by us on the Site, is illustrative only and should not be considered as a promise of actual or future performance.

This disclaimer does not exclude rights that may not be excluded by Law, including but not limited to, those rights under the Australian Consumer Law.

You must not use our Site to:

Without limiting clause 4.1 above, you must comply with all applicable Laws, regulations, codes or standards when using our Site.

All material on this Site, including (but not limited to) templates, information, text, documents, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce it. Modification of our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.

You acknowledge that you do not acquire any ownership rights by using the Site or our Content.

The trade marks, logos, and service marks displayed on our Site to denote our brand are either registered or unregistered trade marks of us (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.

Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.

You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

This clause survives termination of these Terms.

We reserve the right to suspend or terminate your use of the Site immediately if you breach these terms, as determined by us in our sole discretion.

This Site is provided on an "as is" and “as available” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by Law.

Without limiting the generality of clause 7.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Site.

The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by Law, including but not limited to, those rights under the Australian Consumer Law.

Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.

This clause applies to the fullest extent permitted by Law and shall survive termination of these Terms.

You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against all actions, suits, claims, demands, direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:

You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.

We are not responsible, and expressly limit our liability to the extent permitted by Law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging our service.

This clause survives the termination of this agreement.

At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and/or any of our services nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.

Should you breach this clause, you hereby indemnify us in accordance with clause 9 above.

Any links to other websites on our Site, which are not operated by us, are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.

As affiliates of certain services, we may also receive compensation for recommending, endorsing or promoting services as featured on our Site or in the course of delivering our services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.

We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.

We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.

These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

In the case of claims against us, all notices are to be provided to contact@nexawebdev.com.

If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

Once a mediator is appointed, the parties agree that:

If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

This clause survives termination of these Terms.

These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises between us.

We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.

If you have questions or comments regarding this Site or our services, please email us at contact@nexawebdev.com.

Nexa Web Development Pty Ltd ACN 688 484 719 (we, us, our) recognises the importance of protecting the privacy and the rights of individuals in relation to their personal information.

This Privacy Policy sets out our commitment to protecting the privacy of your personal information and how it is collected from users of our application platform, including all related services, products, our website and tools (together the “Application”).

We respect your rights to privacy under the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles, and we manage the collection and disclosure of your personal information in accordance with these requirements.

We also uphold your rights to privacy if you are based in the European Union, in accordance with the General Data Protection Regulation (EU) (GDPR). Your rights under the GDPR are listed in clause 16.

If you do not wish to provide personal information to us, then you do not have to do so. However, this may affect your use of the Application or any products and services offered on it.

When used in this Privacy Policy, the term “personal information” has the meaning given to it under the Privacy Act and GDPR.

In general terms, personal information is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation.

If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users operate on our Application.

Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy or as permitted by applicable law.

“Sensitive information” has the meaning given to it under the Privacy Act.

We may collect and process sensitive information including, where permitted by law and necessary for our services, health information, financial account information, biometric data, and other categories of sensitive information.

We collect sensitive information only where necessary to provide our services, comply with legal obligations, verify identity, prevent fraud, manage risk, and where you have provided your consent.

Where required by applicable law, we will obtain your explicit consent before collecting or processing sensitive information. You may withdraw your consent at any time, subject to legal and contractual restrictions.

Sensitive information is protected through administrative, technical, and physical safeguards including encryption, access controls, authentication measures, monitoring, and secure storage practices designed to prevent unauthorized access, disclosure, alteration, or destruction.

Access to sensitive information is restricted to authorized personnel, contractors, and service providers who require access for legitimate business purposes and are subject to confidentiality obligations.

We do not sell sensitive information. We may disclose such information to trusted service providers, regulators, auditors, legal authorities, or other parties where required by law or necessary to provide our services.

If you choose to disclose personal or sensitive information on our artificial intelligence (AI) chatbot in our Application, this information may be disclosed to an AI application programming interface (API) to improve the prompts, responses and knowledge base of our Application.

We retain sensitive information only for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements. Information is securely deleted or anonymized when no longer required.

Subject to applicable law, individuals may request access to, correct, delete, or restrict the sensitive information provided to us.

We do not knowingly collect sensitive information from children except where authorized by a parent, guardian, or applicable law.

Questions, requests, or complaints regarding our handling of sensitive information can be directed to our Data Protection Officer at contact@nexawebdev.com.

We will not collect, use, hold, or disclose your personal information or sensitive information without first obtaining your express and informed consent.

When you register an account, access, or use our Application, you will be presented with this Privacy Policy and asked to provide your express consent (for example, by ticking an un-ticked opt-in checkbox or clicking an 'I Agree' confirmation button). By taking that affirmative action, you confirm that you:

We will not infer, deem, or rely on bundled or passive consent based solely on your access to or browsing of our website or Application.

Where we update or make material changes to this Privacy Policy, we will notify you and request your renewed express consent prior to processing your personal information under any modified terms.

For all areas of the Application where consent is given it is just as easily able to be withdrawn in accordance with clause 18 of this Privacy Policy.

To effectively operate our Application and website platforms, we may collect the following personal and/or sensitive information from you:

Furthermore, we may collect the following sensitive information from you:

We collect personal information about you so that we can perform our business activities, deliver a secure, reliable, and efficient service and provide the best possible quality of customer service. We collect, hold, use and disclose your personal information for the following purposes:

If you make payment for our products and/or services offered on our Application (such as a subscription fee), we (or our third-party service provider) will collect, store and use all information necessary to complete the transaction, including your payment card information, bank account information and/or other billing information. We use this information to send to our third-party payment gateways when you make payment for the Services.

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:

If you do not provide us with the personal information described above, some or all of the following may happen:

We may use diagnostic software, mobile telemetry tools, cookies and digital analytics technologies across our Application to review platform performance, enhance system security, and continuously improve user experience.

For the Application, the admin portal or backend will have visible access to active data which is viewable for technical and product support.

When accessing our website, the website server makes a record of the visit and logs the following information for statistical and administrative purposes:

We may use advertising products, such as remarketing with Facebook, Google Analytics and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about our website traffic via Google Advertising cookies and anonymous identifiers.

Data collected via these Google products is not linked with any personally identifiable information you submit while on our website. If you wish to opt out of the Google Analytics data collection, you may do so on Google's website at tools.google.com/dlpage/gaoptout.

When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our website without bothering you with a request to register. It also enables us to keep track of products and/ or services you view so that, if you consent, we can send you news about those products and/ or services.

We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate.

We use this to research our users’ habits so that we can improve our online services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them. We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users’ movements, and gather broad demographic information.

The website may contain content and sharing tools embedded from various social networks. These suppliers may use and place cookies on your device. We do not have access to, and cannot control, these cookies or the personal data and information that they may collect. You therefore need to check the websites of these suppliers to get further information on how they manage cookies and what information their cookies collect.

As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online.

We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

Our Application relies on field communications transmitted over mobile telecommunications networks and public internet infrastructure. We use hypertext transfer protocol secure (HTTPS) and transport layer security (TLS) for secure data transmission, and we use the supabase API (Supabase) with row level security (RLS) to restrict access to user data.

While we enforce such industry-standard cryptographic protocols, data transmission over wireless internet carries inherent network risks that cannot be totally eliminated.

Consequently, any data transmitted wirelessly via our Application is transmitted at your own risk prior to receipt by our infrastructure. Once data reaches our cloud servers, we enforce strict firewall defences, access controls, and administrative protections to safeguard data security.

Our Application may provide links to websites outside of our Application, as well as to third-party websites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of any companies, businesses, affiliates, advertisers and sponsors, linked to our Application.

Before disclosing your personal information on any other website or to any third party, we advise you to examine the terms and conditions of using that website and its privacy policy. Third-party websites are responsible for informing you about their own privacy practices.

If you participate in a discussion forum, chat room or webinar (whether hosted by us or not), you should be aware that the information you provide there will be made broadly available to others, potentially inside or outside us, who have access to that discussion forum or chat room. Also, please recognise that individual forums and chat rooms may have additional rules and conditions. Each participant's opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of us.

Please be advised that for any forums or webinars you attend, recordings can be enabled by a meeting or webinar host. By signing up for any of these, or any other host authorised by our webinar services or otherwise using them in any way, including without limitation by attending any of our meetings or webinars, you expressly acknowledge that we may make and store recordings for meetings or webinars, and may make such recordings available to hosts and other attendees at the direction of us. If you do not want to be recorded, you can choose to leave the meeting or webinar.

We may use computer programs, algorithms, APIs, machine learning tools, or other automated processing technologies within our operations and through our APIs to analyse personal information and sensitive information to provide, personalise, support and improve our AI-enabled personal training, fitness guidance, workout planning, coaching recommendations, progress tracking, and related products and services.

The specific categories of personal information and sensitive information used in our automated processing technologies may include your account details, profile information, age, height, weight, gender, training goals, training frequency, access to gym equipment, exercise preferences, health and fitness inputs, injury history, physical limitations, progress information, voice or text-based interactions with our APIs, device data, usage data, and any other information you choose to submit through the Application.

We use automated processing technologies specifically for the following purposes and decisions:

Automated processing is designed to support consistent, efficient and personalised fitness recommendations. Where an automated assessment generates recommendations, reports, workout plans, exercise substitutions, training pathways, or other outputs that could reasonably be expected to significantly affect your use of the Application, your training decisions, or your participation in particular app features, those outputs are provided for general information and personal training support only and are not a substitute for medical, allied health, or other professional advice.

Where appropriate:

If you have questions regarding an automated assessment, want to understand the types of information or criteria used to generate an AI-enabled recommendation, report, workout plan, exercise substitution, training pathway, or other automated output, or want to request a human review of an automated report or decision, you may contact our Privacy Officer at contact@nexawebdev.com. Our team will review your request and provide a written explanation or arrange for a manual reassessment where appropriate.

We may disclose your personal information to:

We only disclose this information if the third party has agreed to comply with the standards in our Privacy Policy.

If there is any change or potential change to the control of our business pursuant to the sale, assignment or transfer of the business, or business assets, its assets and/or liabilities, we reserve the right to sell, assign and/or transfer our user databases, together with any personal information and non-personal information contained in those databases to the extent permitted by law. In that event, your personal information may be disclosed to a potential purchaser, assignee or transferee, however any disclosures will only be made in good faith and where confidentiality is maintained.

We may send you direct marketing communications and information about our products and/ or services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth).

If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

In addition, at any time you may opt-out of receiving marketing communications from us by contacting us at contact@nexawebdev.com or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our subscription/mailing list.

We do not provide your personal information or sensitive information to other organisations for the purposes of direct marketing.

We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure.

We strive to ensure the security, integrity and privacy of personal information that you submit to us through our Application. Unfortunately, no data transmission over the internet can be guaranteed to be totally secure.

We endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.

In addition, our employees and the contractors who provide products and/ or services related to our information systems are obliged to respect the confidentiality of any personal information held by us.

We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed or when we are no longer required by law to retain it (whichever is the latter).

Should a data breach involving personal information occur:

In compliance with Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), we agree that if we become aware of reasonable grounds to believe an eligible data breach has occurred, we will promptly notify the Office of the Australian Information Commissioner, the Australian Data and Insights Association and the affected individuals at likely risk of serious harm.

We will only keep your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law, we must keep basic information about our customers (including contact, identity, financial and transaction data) for five years for Australian tax law purposes.

In some circumstances, you can ask us to delete your data; see your legal rights below for further information.

In some circumstances, we may anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

If the General Data Protection Regulation applies to you because you are in the European Union, you have rights under data protection laws in relation to your personal data:

These rights are subject to certain rules around when you can exercise them.

If you wish to exercise any of the rights set out above, please contact us at contact@nexawebdev.com.

You may request access to any personal information we hold about you at any time by contacting us at contact@nexawebdev.com.

Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you).

We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you.

We will not charge for simply making the request and will not charge for making any corrections to your personal information.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires correction. If we do not agree that there are grounds for correction, then we will add a note to the personal information stating that you disagree with it.

You may withdraw your consent to this Privacy Policy at any point. If you wish to withdraw your consent to our collection and retention of your data, please contact us at contact@nexawebdev.com and we can arrange for your data to be deleted, destroyed or returned to the extent we are permitted by law. However, this may affect your use of this Application or any products and services offered on it.

You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us at the email address listed in this Privacy Policy.

To unsubscribe from our email database, or opt out of any communications, please contact us at contact@nexawebdev.com, with “Unsubscribe” in the subject line of the email.

If you are to terminate your use of our products and/or services on our Application (for whatever reason), the personal information associated with it may no longer be accessible to you and there may continue to be residual copies of such content due to ongoing data back-up and archiving. Personal information will be stored in accordance with clause 15 of this Privacy Policy.

If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it.

We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and your complaint is resolved within a reasonable time (and in any event within the time required by the Privacy Act and/or the GDPR, if applicable).

If you have any questions about this Privacy Policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please contact us at contact@nexawebdev.com.

We will treat your requests or complaints confidentially.

Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved.

We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

All personal information held by us will be governed by our most recent Privacy Policy, posted on our website, where the Privacy Policy will be located.

Any changes to this Privacy Policy may be advised to you by updating this page on our website. We encourage you to check this page from time to time for any changes.