Terms of Service

1. The Service

Ascendium provides personalised training programs, nutrition guidance, progress tracking, and coach communication for a fee. The Service is a coaching and fitness-tracking tool, not a medical service, and nothing provided through it constitutes medical advice, diagnosis, or treatment.

2. Eligibility & Accounts

You must be at least 18 years old to create an account. You are responsible for the accuracy of the information you provide (including your health and fitness information at intake) and for keeping your login credentials confidential. You are responsible for all activity that occurs under your account.

3. Health & Fitness Disclaimer

Exercise and dietary changes carry inherent risk, including the risk of injury or illness. By using the Service you confirm that you are physically able to participate in a training and nutrition program, and that you have disclosed any medical condition, injury, or dietary restriction that could affect your ability to safely do so. If you have any pre-existing condition, you should consult a physician before starting any new training or nutrition program. You assume full responsibility for any risk of injury or loss connected with your use of the Service.

4. Subscription, Billing & Cancellation

The Service is billed as a recurring subscription, charged automatically each billing period until cancelled. You may cancel at any time through your account settings; cancellation takes effect at the end of your current billing period, and you will retain access to the Service until then. No partial-period refunds are provided.

All fees are non-refundable except where a refund is required by the Australian Consumer Law or other applicable law that cannot be excluded by agreement (for example, where the Service is not provided with due care and skill). Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy that cannot lawfully be excluded.

5. Intellectual Property

All training programs, meal plans, written content, branding, software, and materials made available through the Service ("Content") are owned by us or our licensors and are protected by copyright and other intellectual property laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to access and use the Content for your own individual use while subscribed.

You must not, without our prior written consent:

• copy, reproduce, distribute, publish, or resell any Content, in whole or in part;
• use any Content to build, train, or develop a competing product, service, or dataset;
• remove any copyright, trademark, or other proprietary notice from the Content; or
• use our name, branding, or trademarks without permission.

6. Your Content

You retain ownership of anything you submit through the Service (progress photos, messages, logged data). You grant us a licence to store, process, and display that content back to you and your coach solely for the purpose of providing the Service.

7. Acceptable Use

You must not use the Service to:

• share your account with, or provide access to, anyone else;
• attempt to circumvent, disable, or interfere with the Service;
• upload unlawful, abusive, or infringing content; or
• use the Service for any purpose other than your own personal coaching.

8. Disclaimer of Warranties

The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, except for any consumer guarantees that cannot lawfully be excluded. We do not warrant that the Service will be uninterrupted, error-free, or that any particular result (including any fitness or health outcome) will be achieved.

9. Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential loss or damage, or for any personal injury, arising from or connected with your use of the Service, including your participation in any training or nutrition program provided through it. Where liability cannot be excluded by law, it is limited, at our option, to re-supplying the Service or refunding the fees paid for the affected billing period.

10. Termination

We may suspend or terminate your account if you breach these Terms, fail to pay subscription fees when due, or misuse the Service. You may stop using the Service and cancel your subscription at any time as described in Section 4.

11. Indemnity

You agree to indemnify us against any claim, loss, or damage arising from your breach of these Terms or your misuse of the Service.

12. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of its courts.

14. General

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force. These Terms are the entire agreement between you and us regarding the Service.

15. Contact

Questions about these Terms can be sent through the in-app messaging feature.