Terms of service

01The parties

This agreement is between ITBG LABS PTY LTD (ACN to be confirmed), a proprietary limited company registered in Australia and based in Perth, Western Australia ("ITBG", "we", "us") and you, the person using ITBG Fit.

ITBG Fit means our progressive web app, marketing website, related infrastructure, and any future native or desktop clients.

02Access and eligibility

ITBG Fit is currently invite-only. To get access, you submit an enquiry. We may approve, decline, or queue any enquiry at our discretion. Approval is not guaranteed and we are not obliged to give a reason.

To use ITBG Fit you must:

• Be at least 16 years old.
• Have authority to enter this agreement (or have a parent or guardian's consent if required by your local law).
• Not be barred from using the service under Australian law or any prior decision of ours.

03Your account

You are responsible for keeping your login credentials secure. You must not share your account, and you must tell us promptly at privacy@itbglabs.fit if you suspect unauthorised access.

You are responsible for everything that happens under your account, except where the cause is our wilful breach or negligence.

04Acceptable use

You agree not to:

• Use ITBG Fit for any unlawful purpose, or in a way that breaches Australian law or your local law.
• Reverse engineer, decompile, or attempt to extract source code, except where allowed by law.
• Scrape, crawl, or systematically copy content from ITBG Fit beyond what a normal browser does.
• Resell, sub-license, or commercially exploit access to ITBG Fit without our written agreement.
• Upload content that is unlawful, defamatory, infringing, or that contains malware.
• Attack the service, attempt to bypass rate limits, or interfere with another user's account.
• Use ITBG Fit to train an AI model or to build a competing product.

If you breach this section we may suspend or terminate your account immediately.

05Health, fitness, and medical disclaimer

You assume the risks of training. By using ITBG Fit you acknowledge that:

• Strength training, conditioning, and cardio carry inherent physical risk.
• Programmes, suggested loads, weekly volume targets, deload weeks, and timer presets are guides, not prescriptions.
• Reports, insights, recovery readings and other health information in the app are for general information about your own data. They are not medical advice and do not replace a doctor.
• Projections, such as a goal date or a lift trend, are estimates based on your past data. They are shown with a range because they are uncertain, and they are not promises or guarantees of any result.
• When the app notes that two things tend to move together in your data, that is an association, not proof that one causes the other.
• Data from connected devices and apps can be late, missing or wrong. Do not rely on it for medical decisions.
• Medication and injection entries are a record you keep. The app never suggests a dose, a schedule or a change to your medication; that is between you and your doctor.
• Lab results are shown only as within or outside the performing lab's own range, as you entered them. The app does not interpret them, and a result outside the range is a reason to talk to your GP.
• Niggle flags and exercise swaps are a guide to what an exercise may load, not a diagnosis or a treatment for an injury.
• You are solely responsible for your form, your loading, your warm-up, and your decisions in the gym.
• If something hurts, you stop. If something keeps hurting, you see a professional.

To the extent permitted by law, ITBG LABS PTY LTD is not liable for injury or loss arising from your use of training content, health information or projections provided through the app.

06Fees and billing

The core ITBG Fit app is currently free. We expect to introduce paid tiers in the future. If we do, the following will apply:

• You will only be charged after expressly agreeing to a paid plan.
• Prices will be shown in Australian Dollars and will include GST where applicable.
• You can cancel a paid plan at any time. Cancellation takes effect at the end of the current billing period.
• Refunds are handled in accordance with the Australian Consumer Law.

If you have purchased a custom programme or build-it-for-you setup, the specific terms of that engagement (scope, fee, deliverables, timeline) will be set out in a separate written quote which forms part of these terms for that engagement.

07Intellectual property

ITBG Fit, the ITBG and ITBGLABS marks, the brand assets, design system, source code, and all written content on the marketing site are the intellectual property of ITBG LABS PTY LTD and its licensors. We grant you a limited, revocable, non-exclusive, non-transferable licence to use ITBG Fit for your personal, non-commercial training.

You retain ownership of the data you put into ITBG Fit (your training entries, body and health data, notes). You grant us a limited licence to host, display, and process that data only to the extent needed to deliver the service to you.

08Your data

How we handle your personal information is described in our Privacy Policy, which forms part of these terms. You can export your data at any time from Settings (the Privacy Policy explains what the export file covers). You can delete your account at any time.

09Availability and changes

We aim to keep ITBG Fit running, but it is provided as a personal-scale service by a small team and we do not commit to specific uptime targets. We may schedule maintenance, change features, or change the look and feel of the app without notice. Where a change materially reduces functionality you actively rely on, we will give reasonable notice (typically 14 days) by email or in-app banner.

10Consumer guarantees and warranties

Nothing in these terms excludes, restricts, or modifies the consumer guarantees, rights, or remedies you have under the Australian Consumer Law (ACL) and similar Australian laws which cannot lawfully be excluded.

Subject to those non-excludable rights, ITBG Fit is provided "as is" and we exclude all other warranties to the maximum extent permitted by law, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11Liability

Subject to your non-excludable rights under the ACL:

• To the maximum extent permitted by law, neither party is liable to the other for any indirect, special, consequential, or incidental loss, including loss of profits, loss of data, or loss of opportunity.
• Our total aggregate liability to you under or in connection with these terms is limited to the greater of (a) the total amount you have paid us in the 12 months before the event giving rise to the claim, or (b) AUD 100.
• Where we are liable to you for a failure to comply with a consumer guarantee under the ACL in respect of a service, our liability is limited (where permitted by law) to one of: re-supplying the service, or paying the cost of having the service re-supplied.

12Termination

You can stop using ITBG Fit at any time and delete your account from inside the app or by emailing us.

We may suspend or terminate your access if you breach these terms, if we are required to by law, or if we discontinue the service. If we terminate without cause, we will give you at least 30 days to export your data.

13Disputes and governing law

These terms are governed by the laws of Western Australia, Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia.

Before starting a court proceeding, the parties agree to first attempt to resolve any dispute by writing to the other party with a clear statement of the issue and a proposed resolution, and discussing the matter in good faith for at least 14 days.

14General

• Entire agreement. These terms, together with the Privacy Policy and any quote for paid services, are the entire agreement between you and us about ITBG Fit.
• Severability. If a court finds any part unenforceable, the rest stays in force.
• No waiver. If we do not enforce a right immediately, that does not mean we have given it up.
• Assignment. You cannot transfer your rights under these terms without our written consent. We can assign our rights to a successor entity (for example in a sale of the business).
• Updates. We may update these terms. The effective date at the top of the page tells you the current version. If we make a material change we will notify you by email or in-app banner at least 14 days before it takes effect. Continued use after that date means you accept the new terms.

15Contact

ITBG LABS PTY LTD
Perth, Western Australia
Email: privacy@itbglabs.fit