Terms of Service

Last Updated: December 18, 2025

1. Agreement to Terms

By accessing or using FitPilot ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

IMPORTANT: These Terms contain dispute resolution terms that may affect your legal rights. Please read them carefully.

2. About FitPilot

FitPilot is operated by FitPilot Software (Individual) ABN 71 676 487 239, a business registered in Queensland, Australia.

Contact Information:

Email: legal@fitpilot.me
Address: 7 Clunies Ross Court, Suite #1035, Eight Mile Plains, QLD 4113, Australia
Phone: +61 499 628 369

3. Description of Service

FitPilot is a fitness management platform that connects personal trainers with clients, providing tools for:

Workout programming and exercise planning
Meal planning and nutrition tracking
Progress tracking and measurement logging
Secure messaging and communication
AI-assisted program generation (optional)
Pre-exercise health screening and risk assessment

FitPilot is software only. We do not provide fitness training, medical advice, or healthcare services.

3.1 Geographic Scope and Intended Market

Intended Market: FitPilot is designed for and primarily marketed to users in Australia and New Zealand.

Governing Law: These Terms of Service are governed by the laws of Queensland, Australia, without regard to conflict of law principles (for Australian users). For New Zealand users, New Zealand law applies as described in the Dispute Resolution section.

No International Warranty: We make no representations that the Service is appropriate or available for use outside Australia and New Zealand. Users accessing the Service from other jurisdictions do so at their own risk and initiative and are responsible for compliance with all local laws and regulations in their jurisdiction.

Jurisdiction and Venue: For Australian users, any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia, to the extent permitted by law. For New Zealand users, New Zealand courts have jurisdiction as described in the Dispute Resolution section.

User Compliance Responsibility: You are solely responsible for ensuring your use of the Service complies with all applicable local, state, national, and international laws and regulations in your jurisdiction.

4. Eligibility and Account Registration

4.1 Age Requirement

You must be at least 18 years old to use FitPilot. We do not knowingly collect information from or provide services to individuals under 18.

4.2 Account Creation

You must provide accurate, complete, and current information
You are responsible for maintaining account security
You must not share your login credentials
You must notify us immediately of any unauthorized access

4.3 Account Types

Personal Trainer Accounts:

For certified fitness professionals
Must maintain appropriate professional liability insurance (self-attestation required)
Must comply with fitness industry professional standards
Responsible for client safety and program appropriateness

Client Accounts:

For individuals working with personal trainers
Must complete mandatory pre-exercise health screening
Must provide accurate health information
Responsible for following medical advice and obtaining clearance when required

4.4 Account Verification

We reserve the right to verify:

Your identity
Professional qualifications (for trainers)
Payment information
Compliance with these Terms

4.5 Account Suspension and Termination

By You:

Cancel anytime from account settings
Access continues until end of current billing period
Data export available for 30 days post-cancellation
Health-related records may be retained for a period (commonly up to 7 years) where required or reasonably necessary for compliance, audit, and dispute-resolution purposes

By Us - Immediate Termination:

Breach of these Terms
Fraudulent activity or payment disputes
Providing false information
Harassment or abuse of other users
Unsafe training practices (trainers)
Professional misconduct (trainers)

By Us - With Notice:

30 days notice for changes to Service structure
30 days notice for closure of Service

5. Subscription, Pricing, and Payment

5.1 Subscription Tiers

For Personal Trainers:

Plan	Price (AUD/month)	Features
Solo Pro	$24.99	Up to 15 clients, AI features, full functionality
Studio Pro	$59.99	Up to 75 clients, AI features (subject to fair use), advanced analytics, team collaboration
Enterprise Pro	$129.99	Unlimited clients, multi-location support, dedicated account manager

White Label Add-On:

$199/month (in addition to base plan)
Custom domain, full branding, white-labeled apps
Priority support

Prices displayed in Australian Dollars (AUD)

5.2 Free Trial

New accounts receive a 30-day free trial
No credit card required for trial
Full access to features during trial
Trial automatically ends unless you subscribe

5.3 Payment Terms

Subscriptions billed monthly or annually in advance
Payments processed securely through Stripe
You authorize recurring charges to your payment method
Prices may change with 30 days written notice
Failed payments may result in service suspension

5.6 Trainer-Client Payment Processing (Stripe Connect)

For Personal Trainers who collect payments from clients:

Platform Fees:

FitPilot acts as the trainer's limited payment collection agent
Platform fees are deducted from client payments:
- Solo Pro & Trial plans: 5.5%
- Studio Pro plan: 4.5%
- Enterprise Pro plan: 3.5%
Fees are calculated and deducted automatically at the time of payment

Payment Processing:

Payments are processed through Stripe Connect
Card data never touches FitPilot servers and is tokenized by Stripe
Trainers must create a Stripe Connected Account to receive payments
Stripe's terms and privacy policy apply to payment processing

Chargebacks and Disputes:

Trainers are responsible for chargebacks and payment disputes
FitPilot may suspend or terminate accounts with excessive chargebacks
Dispute resolution follows Stripe's dispute process
Platform fees are non-refundable even if a chargeback occurs

Payouts:

Payouts to trainers are processed according to Stripe Connect schedules
FitPilot is not responsible for delays in Stripe payout processing
Trainers must maintain valid bank account information in their Stripe Connected Account

5.4 Refunds and Consumer Guarantees ⚠️ IMPORTANT

Australian Consumer Law Applies:

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).

Consumer Guarantees:

Services must be provided with due care and skill
Services must be fit for purpose
Services must match description
Services must be completed within reasonable time

Your Rights for Failures:

Major Failure:

Cancel subscription and receive refund for unused portion
Claim compensation for loss or damage

Minor Failure:

We will fix the issue within reasonable time
If not fixed promptly, you can cancel and receive refund

Our Refund Policy (In Addition to ACL Rights):

30-day money-back guarantee for new subscriptions
Pro-rated refunds for annual plans if cancelled within first 90 days
No refunds for partial months on monthly plans
Technical issues: Report within 7 days for consideration
Request refunds by emailing billing@fitpilot.me

New Zealand Consumer Guarantees Act 1993:

For New Zealand users, our services must:

Be of acceptable quality
Be fit for purpose
Match description
Be provided with reasonable care and skill

You are entitled to a remedy if we fail to meet these guarantees.

5.5 Currency and Taxes

All prices in Australian Dollars (AUD)
Tax/GST treatment depends on registration status and invoice currency
Exchange rates apply for international payments

6. User Conduct and Acceptable Use

6.1 Acceptable Use

You agree to:

Use the Service only for lawful purposes
Provide accurate information
Respect other users' privacy and rights
Comply with all applicable laws and regulations
Maintain professional standards (trainers)

6.2 Prohibited Activities

You must NOT:

Violate any laws or regulations
Infringe intellectual property rights
Harass, abuse, or threaten other users
Share sexually explicit or inappropriate content
Impersonate any person or entity
Share account credentials
Attempt to breach security measures
Scrape, data mine, or use automated tools
Reverse engineer the Service
Use for unauthorized commercial purposes
Upload malware, viruses, or harmful code
Spam or send unsolicited communications
Make false or misleading health claims (trainers)
Provide medical diagnosis or treatment (trainers, unless qualified)
Guarantee fitness results (trainers)

6.3 Trainer-Specific Prohibited Conduct

Trainers must NOT:

Train outside their scope of practice or qualifications
Provide medical advice, diagnosis, or treatment (unless medically qualified)
Prescribe medication or supplements (unless qualified)
Make unsubstantiated health or fitness claims
Guarantee specific results
Engage in inappropriate relationships with clients
Discriminate against clients
Share client information without authorization
Use client health information for purposes other than training
Train clients without proper health screening
Ignore medical clearance requirements

Consequences:

Immediate account termination
Reporting to certification bodies
Legal liability to affected parties
Possible criminal penalties

7. AI-Generated Content and Limitations

7.1 AI Services

FitPilot uses OpenAI's artificial intelligence services (based in the USA) to assist with:

Workout program generation
Meal plan creation
Exercise recommendations
Nutrition information

7.2 AI Limitations and Disclaimers ⚠️ CRITICAL

AI is a Tool, NOT a Replacement for Professional Judgment:

For Trainers:

AI-generated content is suggestions only
You MUST review all AI-generated content before delivery to clients
You are professionally responsible for ensuring all programs are safe and appropriate
You MUST consider client health screening, medical conditions, injuries, and limitations
You cannot rely solely on AI output
You remain personally liable for injuries resulting from unsafe programming
AI may make errors or generate inappropriate recommendations

For Clients:

All AI-generated content has been reviewed by your qualified personal trainer
AI is not a substitute for medical advice
AI does not account for all individual health factors
Your trainer is responsible for program safety and appropriateness

7.3 AI Data Processing and Consent

By using AI features, you consent to:

Selected health and fitness information being sent to OpenAI (USA)
OpenAI processing this information to generate workout/meal plans
OpenAI potentially using aggregated data to improve their services (per OpenAI's privacy policy)

What may be sent to AI:

Fitness goals and experience level
Current activity levels
Dietary preferences and restrictions
Injury history and limitations
Exercise preferences

What is NOT automatically sent:

Full medical history
Medications
Blood test results
Emergency contact information
Progress photos

You can opt out:

Clients: Request your trainer not use AI features
Trainers: Create programs manually without AI assistance

OpenAI Privacy Policy: https://openai.com/privacy

7.4 Accuracy Disclaimer

AI-generated content may contain errors
AI cannot replace professional fitness knowledge
AI may not be suitable for special populations or complex medical conditions
Always prioritize professional judgment over AI suggestions

8. Health, Safety, and Medical Disclaimers ⚠️ READ CAREFULLY

8.0 Fitness and Health Disclaimers

Not Medical Advice: The workout programs, meal plans, nutritional guidance, and fitness advice provided through FitPilot are for informational and educational purposes only. They are not intended to be a substitute for professional medical advice, diagnosis, or treatment.

Consult Healthcare Provider: You should always consult with a qualified healthcare provider before beginning any fitness program, dietary changes, or exercise routine, especially if you have pre-existing health conditions, injuries, or concerns about your physical condition.

Assumption of Risk: You acknowledge and understand that physical activity and exercise involve inherent risks of injury, including but not limited to muscle strains, joint injuries, cardiovascular events, and other potential health risks. By using FitPilot, you voluntarily assume all risks associated with participation in fitness activities.

Trainer Qualifications: While we encourage Personal Trainers on our platform to maintain appropriate qualifications and certifications, FitPilot does not independently verify trainer credentials, licenses, or qualifications. Users are responsible for vetting their trainers and ensuring they have appropriate qualifications for their needs.

Release of Liability: To the fullest extent permitted by law, FitPilot, its owners, operators, employees, and affiliates shall not be liable for any injuries, damages, losses, or adverse health outcomes arising from or related to your use of the Service, including but not limited to following workout programs, meal plans, or advice provided by trainers on the platform.

Emergency Situations: If you experience chest pain, dizziness, severe shortness of breath, or any other concerning symptoms during exercise, stop immediately and seek emergency medical attention. Call emergency services (000 in Australia, 111 in New Zealand) if necessary.

8.1 Not Medical Advice

FitPilot is FITNESS SOFTWARE, NOT a medical service or healthcare provider.

We do not:

Provide medical advice, diagnosis, or treatment
Replace consultations with healthcare professionals
Guarantee any health outcomes
Offer medical services of any kind

8.2 Medical Consultation Required

Clients: You MUST consult a doctor before starting exercise if you:

Have any medical conditions (heart disease, diabetes, asthma, etc.)
Are over 40 (men) or 50 (women) and have been inactive
Are pregnant or recently gave birth
Are taking any medications
Have injuries or musculoskeletal problems
Answer "Yes" to ANY pre-exercise screening question
Have any concerns about your ability to exercise safely

Do not ignore medical screening results or skip medical clearance requirements.

8.3 Mandatory Pre-Exercise Screening ⚠️ COMPULSORY

All Clients Must:

Complete the ESSA/Fitness Australia pre-exercise screening before beginning any exercise program
Provide accurate, complete health information
Update health information when your status changes
Obtain medical clearance if screening indicates
Inform trainer immediately of new health conditions

False Information:
Providing false health information may:

Endanger your safety and life
Result in serious injury or death
Void liability protections
Result in account termination

8.4 Risks of Exercise

Exercise carries inherent risks including:

Muscle soreness, strains, sprains
Musculoskeletal injury
Cardiac events (heart attack, stroke)
Aggravation of existing medical conditions
Death (in extreme cases)

By using FitPilot, you acknowledge and assume these risks.

8.5 When to Stop Exercising Immediately

Stop exercising and seek medical attention if you experience:

Chest pain or pressure
Severe shortness of breath
Dizziness or fainting
Irregular heartbeat
Severe joint or muscle pain
Nausea or vomiting
Any unusual or concerning symptoms

8.6 Trainer Professional Responsibilities

Personal Trainers Using FitPilot Must:

Qualifications:

Hold current, recognized personal training certification
Maintain appropriate professional liability insurance (self-attestation of coverage required)
Meet minimum qualifications to practice in your jurisdiction
Keep certifications current and valid

Screening and Clearance:

Review all client health screenings before programming
Identify clients requiring medical clearance
Obtain written medical clearance before training high-risk clients
Document medical clearance in client records
Re-screen clients annually or after significant health changes

Program Safety:

Create safe, appropriate programs for each client's health status
Monitor clients for adverse signs or symptoms during training
Modify programs based on client response and progress
Refer clients to medical professionals when appropriate
Act within your scope of practice and qualifications

Professional Standards:

Comply with your certification body's code of ethics
Maintain client confidentiality
Avoid conflicts of interest
Act in clients' best interests
Maintain appropriate professional boundaries

Prohibited:

Providing medical diagnosis or treatment (unless medically qualified)
Prescribing medications (unless qualified)
Training outside your scope of practice
Making unsubstantiated health claims
Guaranteeing results

8.7 Medical Clearance Requirements

Medical clearance is required if client:

Answers "Yes" to any Stage 1 ESSA screening question
Has known cardiovascular, metabolic, or renal disease
Has signs/symptoms of these diseases
Has multiple cardiovascular risk factors
Is pregnant
Trainer determines clearance is prudent

Medical clearance must be:

Written (letter, form, or email from doctor)
From a qualified medical practitioner
Specific to exercise participation
Dated within past 12 months
Retained in client records

8.8 Assumption of Risk

By using FitPilot and participating in exercise, you:

Acknowledge the risks of physical activity
Assume full responsibility for injuries or health issues arising from exercise
Release FitPilot from liability for injuries or adverse health events
Agree trainers remain professionally liable for their services

8.9 Emergency Procedures

In Case of Emergency:

Call emergency services immediately (000 in Australia, 111 in New Zealand)
Provide emergency contact information (from client profile)
Administer first aid if trained
Report incident to FitPilot within 24 hours
Document incident thoroughly

9. Privacy, Data Protection, and Health Information

9.1 Incorporation of Privacy Policy

Our Privacy Policy is incorporated into these Terms by reference. By using FitPilot, you also agree to our Privacy Policy.

9.2 Health Information Handling

FitPilot collects sensitive health information including:

Medical history and conditions
Current medications
Family medical history
Biometric measurements (blood pressure, cholesterol, blood sugar)
Smoking status and lifestyle factors
Injury history
Dietary restrictions and food allergies
Progress photos

Legal Framework:

Privacy Act 1988 (Australia) - Australian Privacy Principles (APPs)
Privacy Act 2020 (New Zealand) - Information Privacy Principles (IPPs)
Applicable privacy and health information laws (as relevant to the facts and your role)

Health Information Consent:
You explicitly consent to:

Collection of sensitive health information for fitness training purposes
Storage of health information for a period (commonly up to 7 years) where required or reasonably necessary for compliance, audit, and dispute-resolution purposes
Sharing health information with your assigned personal trainer
Processing of health information by AI services (if you use AI features)
Transfer of health information to overseas service providers (OpenAI in USA, hosting providers)

9.3 Trainer Privacy Obligations ⚠️ MANDATORY COMPLIANCE

By using FitPilot as a trainer, you agree to:

Confidentiality:

Keep all client health information strictly confidential
Not share client information with unauthorized parties
Use client information only for providing training services
Protect client information with appropriate security measures

Data Processing:

You act as a data processor on behalf of FitPilot and clients
You must comply with Australian Privacy Act / NZ Privacy Act
You must comply with fitness industry privacy codes
You must handle client data according to professional standards

Access Controls:

Only access client information you need to provide services
Not access other trainers' clients' information
Not copy or remove client information from FitPilot (except as authorized)
Not use client information for research or other purposes without separate consent

Breach Reporting:

Immediately report any privacy breach to FitPilot (within 24 hours)
Notify affected clients as required by law
Cooperate with breach investigation and remediation

Penalties for Violation:

Immediate account termination
Legal liability to affected clients
Reporting to certification bodies and privacy regulators
Possible criminal penalties under privacy laws

9.4 Data Retention and Deletion

Health Records (7-Year Retention):

Pre-exercise screenings, medical history, measurements retained for 7 years minimum
Required by Australian and New Zealand law for liability protection
Even if you delete your account, health records are archived securely
After 7 years, health records are permanently destroyed

Other Data:

Account information: Deleted 30 days after account closure
Messages and notes: Deleted 30 days after account closure
Payment records: Retained 7 years (tax/legal requirements)
Usage analytics: Anonymized and retained indefinitely

9.5 Your Data Rights

Access: Request copy of your personal and health information
Correction: Request correction of inaccurate information
Deletion: Request account deletion (health records archived 7 years)
Export: Download your data in CSV/JSON format
Restrict: Opt-out of marketing, AI processing, or other optional features

To exercise rights: Email privacy@fitpilot.me

9.6 Data Export Requirements

Export Attestation: Before exporting your data from FitPilot, you must agree to:

Store exported data securely in accordance with Australian Privacy Principles (APP 11) and NZ Privacy Act 2020 (IPP 5)
Delete exported data when no longer required for the lawful purpose
Not share exported data with unauthorized third parties
Report any breach involving exported data to FitPilot within 24 hours
Accept full responsibility for the security of exported data outside FitPilot's systems

Export Limitations:

Limited to 3 exports per hour per user to prevent abuse
Bulk or automated exports require prior approval from privacy@fitpilot.me
FitPilot reserves the right to deny export requests that violate these Terms or applicable law

Security Notice: Once data is exported, FitPilot's security controls no longer protect it. You become solely responsible for its security and proper handling.

10. Content and Intellectual Property

10.1 Your Content

You retain ownership of content you upload (workouts, photos, notes)
You grant FitPilot a license to store, process, and display your content to provide the Service
You represent you have rights to all content you upload
You are responsible for your content's legality and appropriateness

10.2 Our Intellectual Property

FitPilot platform, code, design, trademarks, and content = our property
You may not copy, modify, distribute, or create derivative works
"FitPilot" name and logo are our trademarks
Unauthorized use of our IP may result in legal action

10.3 License to Use Service

We grant you a limited, non-exclusive, non-transferable, revocable license to:

Access and use the Service for its intended purpose
Create and store content within the Service
Use Service features according to these Terms

This license ends when your account is terminated.

10.4 White Label Licensing

White label customers receive additional licensing rights:

Use of FitPilot platform under your own branding
Custom domain and branded mobile apps
License is non-exclusive and terminates with subscription
Minimum 3-month commitment required
Additional white label terms apply

10.5 Trainer-Created Content

Trainers own workout programs and meal plans they create
AI-assisted content becomes trainer's property after review and modification
Trainers grant FitPilot license to store and display their content
Clients receive license to use programs created for them

11. Third-Party Services and Links

11.1 Service Providers

FitPilot uses third-party services:

Stripe: Payment processing (USA)
OpenAI: AI content generation (USA)
Vercel: Hosting and infrastructure (Global)
Email providers: Transactional emails
Analytics: Usage analytics (optional, with consent)

These services have their own terms and privacy policies.

11.2 Third-Party Links

We may link to external websites
We are not responsible for third-party content or practices
Third-party sites have their own terms and policies
Use of third-party services is at your own risk

11.3 No Endorsement

Links to third parties do not imply endorsement, partnership, or affiliation.

12. Limitation of Liability and Indemnification

12.1 Australian Consumer Law Protections ⚠️ IMPORTANT

Nothing in these Terms excludes, restricts, or modifies:

Consumer guarantees under Australian Consumer Law
Consumer rights under NZ Consumer Guarantees Act 1993
Liability for death or personal injury caused by negligence
Liability for fraud or fraudulent misrepresentation
Any other liability that cannot be excluded by law

Where liability cannot be excluded, our liability is limited to:

Re-supply of the services, or
Payment of the cost of re-supply

12.2 Service Availability

Service provided "as is" and "as available"
We do not guarantee uninterrupted or error-free service
We may suspend service for maintenance or updates
We are not liable for service interruptions or data loss

12.3 Limitation of Liability (Subject to Consumer Laws)

To the maximum extent permitted by law:

Our total liability to you for any claims arising from the Service is limited to:

Greater of: Fees paid in the 12 months before claim, or $100 AUD

We are not liable for:

Indirect, consequential, special, or punitive damages
Lost profits, revenue, or business opportunities
Loss of data or information
Personal injuries arising from exercise (see Section 8)
Trainer negligence or misconduct
Third-party services or content
Unauthorized access to your account
Your violation of these Terms

Exceptions:
This limitation does not apply to:

Liability that cannot be excluded under Australian Consumer Law or NZ Consumer Guarantees Act
Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Breach of privacy laws causing serious harm

12.4 Trainer Professional Liability

Important: Trainers remain fully professionally liable for:

Client injuries resulting from unsafe programming
Negligence in screening or program design
Professional misconduct
Breaches of professional standards
Violations of privacy laws

FitPilot provides software only. We do not:

Supervise trainer-client relationships
Verify program safety or appropriateness
Assume trainer professional liability
Provide professional indemnity insurance

Trainers must maintain their own professional liability insurance. FitPilot does not verify coverage unless explicitly stated in-product for a particular verification program.

12.5 Indemnification

You agree to indemnify and hold harmless FitPilot, its directors, employees, and affiliates from:

Claims arising from your use of the Service
Your violation of these Terms
Your violation of third-party rights
Your negligence or misconduct
Content you upload or share
Injuries or damages you cause to others

Trainers additionally indemnify us from:

Claims arising from your training services
Client injuries or health issues
Professional negligence or misconduct
Breaches of professional standards
Privacy breaches involving client data

13. Dispute Resolution

13.1 Governing Law

Australian Users:

These Terms governed by laws of Queensland, Australia
Queensland courts have exclusive jurisdiction
Australian Consumer Law applies and cannot be contracted out

New Zealand Users:

These Terms governed by laws of New Zealand
New Zealand courts have jurisdiction
NZ Consumer Guarantees Act 1993 applies

13.2 Informal Resolution First

Before formal proceedings, you agree to:

Contact us at legal@fitpilot.me with details of dispute
Attempt good-faith negotiation for 30 days
Consider mediation if negotiation fails

13.3 Arbitration (Optional for Minor Disputes)

For disputes under $10,000 AUD, parties may agree to binding arbitration.

Arbitration terms:

Rules of LEADR (Australia) or AMINZ (New Zealand)
Location: Brisbane, Australia or Wellington, New Zealand
Language: English
Each party bears own costs unless arbitrator decides otherwise

13.4 Exceptions to Informal Resolution

You may proceed directly to court for:

Intellectual property disputes
Privacy or data breach claims requiring urgent relief
Small claims court matters (under jurisdictional limits)
Injunctive relief to prevent irreparable harm

13.5 Class Action Waiver

To the extent permitted by law, you agree:

Disputes must be brought individually, not as class actions
You waive the right to participate in class action lawsuits
This does not prevent government or regulatory actions

Note: This waiver may not be enforceable under Australian or New Zealand consumer protection laws.

13.6 External Complaint Mechanisms

Australia:

ACCC (Australian Competition & Consumer Commission): www.accc.gov.au
OAIC (Privacy complaints): www.oaic.gov.au
State/Territory Fair Trading offices

New Zealand:

Commerce Commission: www.comcom.govt.nz
Office of the Privacy Commissioner: www.privacy.org.nz
Disputes Tribunal (claims under $30,000)

14. Changes to Terms

14.1 Modification Rights

We may modify these Terms at any time.

Notice of Changes:

30 days advance notice for material changes
Notice via email to your registered email address
Notice via in-app notification
Updated Terms posted on website with "Last Updated" date

14.2 Acceptance of Changes

Continued use after effective date = acceptance of modified Terms
If you don't agree, you must cancel your account before effective date
No refunds for cancellations due to Terms changes (unless required by consumer law)

14.3 Material Changes Include:

Changes to pricing or payment terms
Changes to limitation of liability
Changes to dispute resolution procedures
Changes to data handling or privacy practices
Addition of new mandatory terms or obligations

15. Termination Effects

15.1 Upon Termination

Immediate Effects:

Access to Service ends
Subscription billing stops
Your license to use Service ends

Data Handling:

Account data deleted after 30 days
Health-related records may be retained for a period (commonly up to 7 years) where required or reasonably necessary for compliance, audit, and dispute-resolution purposes
You can export data within 30 days
Payment records retained 7 years (tax law)

15.2 Survival

These sections survive termination:

Intellectual Property (Section 10)
Limitation of Liability (Section 12)
Indemnification (Section 12.5)
Dispute Resolution (Section 13)
Data Retention (Section 9.4)

16. General Provisions

16.1 Entire Agreement

These Terms, Privacy Policy, and Cookie Policy constitute the entire agreement between you and FitPilot.

16.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

16.3 No Waiver

Failure to enforce any provision does not waive our right to enforce it later.

16.4 Assignment

You may not assign or transfer your rights under these Terms
We may assign our rights and obligations (e.g., in a merger or sale)
You will be notified of any material assignment

16.5 Force Majeure

We are not liable for failures caused by events beyond our reasonable control (natural disasters, war, pandemics, government actions, etc.).

16.6 Notices

To You:
Notices sent to your registered email address are deemed delivered when sent.

To Us:
Legal notices must be sent to:
Legal Department
FItpilot Software (Individual)
7 Clunies Ross Court, Suite #1035, Eight Mile Plains, QLD 4113, Australia
Email: legal@fitpilot.me

16.7 Independent Contractors

Nothing in these Terms creates a partnership, employment, or agency relationship.

16.8 Interpretation

Headings for convenience only
"Including" means "including but not limited to"
Singular includes plural and vice versa

17. Contact Information

General Inquiries: contact@fitpilot.me
Legal Matters: legal@fitpilot.me
Privacy Questions: privacy@fitpilot.me
Billing Issues: billing@fitpilot.me
Security Concerns: security@fitpilot.me

Business Address:
FItpilot Software (Individual)
7 Clunies Ross Court, Suite #1035
Eight Mile Plains, QLD 4113
Australia

ABN: 71 676 487 239
Phone: +61 499 628 369

By creating an account and using FitPilot, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, and you have read and understood our Privacy Policy.

If you do not agree with these Terms, do not use FitPilot.

Version: December 18, 2025
Effective Date: December 18, 2025

This version replaces all previous versions.