Terms of Service

1. About these Terms

1.1 These Terms of Service ("Terms") constitute a legally binding agreement between you and the operator of Provere, a sole trader carrying on business under the name Provere (ABN 16 594 081 135) of 183 City Road, Southbank, Victoria 3006, Australia ("Provere", "we", "us" and "our").

1.2 These Terms govern your access to and use of the Provere mobile application ("App") and the features, content and services made available through it (together, the "Services").

1.3 By creating an account, or by otherwise accessing or using the Services, you agree to be bound by these Terms. If you do not agree to them, you must not access or use the Services.

1.4 Our collection and handling of your personal information is described in our Privacy Policy, which is available within the App.

1.5 In these Terms, headings are for convenience only and do not affect interpretation, and the words "include" and "including" are not words of limitation.

1.6 In these Terms, the following definitions apply:

• "App Store Provider" means the operator of the app store through which you obtained the App or purchased a Subscription, being Google (in respect of Google Play) or Apple (in respect of the App Store);
• "Consumer Law" means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), the Consumer Guarantees Act 1993 (NZ), the Fair Trading Act 1986 (NZ) and any other consumer protection legislation that applies to you and cannot lawfully be excluded;
• "Subscription" means a paid subscription to the Services that renews automatically; and
• "Your Content" means the information and material that you enter into, record in or upload to the Services.

2. Eligibility

2.1 You may use the Services only if you are at least 13 years of age or, where the law of the country in which you reside prescribes a higher minimum age for a service of this kind, that higher age.

2.2 You must have the legal capacity to enter into a binding agreement in the place in which you reside.

2.3 If you are under 18 years of age, you should review these Terms with a parent or legal guardian before purchasing a Subscription.

2.4 By using the Services, you represent that you satisfy the requirements of this clause 2.

3. Your account

3.1 You must provide accurate information when you register for an account, and you must keep that information up to date.

3.2 You must keep your sign-in credentials confidential. You are responsible for activity that occurs under your account.

3.3 If you believe that another person has gained access to your account, you must secure it without delay (including, where your account has a password, by resetting that password) and notify us in accordance with clause 16.

3.4 The email address registered to your account may be changed only by you, from within the App. For security reasons, we do not change the email address registered to an account, or give any person access to an account, on request. If you lose access both to your account and to the email address or sign-in provider registered to it, we will not be able to restore your access.

3.5 You may hold one account only.

4. No medical advice and assumption of risk

4.1 The Services suggest workouts and training plans on the basis of the information and training history that you provide. Those suggestions are general information only. They do not constitute medical, physiotherapy or nutritional advice, and they are not a substitute for consultation with an appropriately qualified professional who is able to assess you in person.

4.2 You should consult a medical practitioner before commencing or changing a training programme, particularly if you have an injury or a health condition, are pregnant, or have been physically inactive for an extended period. If you experience pain, dizziness, chest discomfort or shortness of breath while training, you should stop immediately and seek medical attention.

4.3 Resistance training carries an inherent risk of injury that no application can eliminate. You select your own loads, technique, equipment and training environment, and you are responsible for training safely and within your own capabilities. By using the Services, you acknowledge and accept that risk.

4.4 Nothing in this clause 4 limits any right that you have under the Consumer Law, or our liability for death or personal injury caused by our negligence.

5. Your Content

5.1 As between you and us, you own Your Content.

5.2 You grant us a non-exclusive licence to store, back up and display Your Content, and to reproduce it to the extent necessary for those purposes, solely in order to provide the Services to you, including by making Your Content available to you across your devices. We acquire no other right in Your Content.

5.3 We do not publish Your Content and do not make it available to other users. The sole exception is your profile photograph, which is served from a publicly accessible web address and should be regarded as public.

6. Intellectual property

6.1 The Services, including the App and the software, text, graphics, artwork, exercise content and training plans comprised in them, are owned by us or our licensors and are protected by intellectual property laws. Nothing in these Terms transfers any of those rights to you.

6.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable licence to install and use the App, on devices that you own or control, for your own use and for as long as these Terms remain in force between you and us.

7. Acceptable use

You must not:

(a) use the Services for any unlawful purpose, or to cause harm to any person;

(b) access, or attempt to access, the account or data of another user;

(c) scrape or reverse engineer the Services, or place any automated load on them;

(d) upload content that you do not have the right to upload, or that is harmful or unlawful; or

(e) resell or redistribute access to the Services, or share your account with any other person.

8. Subscriptions and billing

8.1 We may offer some or all of the features of the Services by paid Subscription. This clause 8 and clause 9 apply to any Subscription that you purchase.

8.2 Subscriptions are sold and billed by the App Store Provider through which you subscribe. The App Store Provider is the merchant and takes your payment, and its terms govern the purchase transaction itself.

8.3 The price of a Subscription, its billing period and the features that it includes will be displayed to you before you confirm your purchase. If a free trial is offered, its duration and what will occur when it ends will be displayed to you at the same time.

8.4 A Subscription renews automatically at the end of each billing period until it is cancelled. A Subscription must be cancelled through your account with the relevant App Store Provider and cannot be cancelled within the App. You should cancel at least 24 hours before the next renewal date, to allow the App Store Provider to process the cancellation in time.

8.5 Cancellation stops future renewals only. You will retain access to the Services until the end of the billing period for which you have already paid.

8.6 If we change the price of a Subscription, we will notify you before the change takes effect and you will have the opportunity to cancel before you are charged the new price. We will not increase the price of a billing period for which you have already paid.

8.7 Deleting your Provere account does not cancel a Subscription. Unless you also cancel the Subscription through the relevant App Store Provider, you will continue to be charged.

9. Refunds

9.1 Because payment is taken by the App Store Provider, a request for a refund should ordinarily be made to Google Play or the App Store, as applicable, and will be dealt with under that provider's published refund process.

9.2 Clause 9.1 describes a process only and does not limit your rights. The consumer guarantees under Australian and New Zealand law apply to your Subscription regardless of the terms of any App Store Provider's policy. If the Services fail to meet a consumer guarantee, you may be entitled to a remedy, which may include a refund.

9.3 If an App Store Provider declines a refund to which you believe you are entitled, you may contact us in accordance with clause 16 and we will deal with your request directly.

10. Changes to the Services and to these Terms

10.1 We may add, change or remove features of the Services as they develop. The Services may also be unavailable from time to time, whether for maintenance or for reasons beyond our control.

10.2 If we make a change that materially reduces the benefit that your Subscription provides, we will notify you before the change takes effect and you may cancel your Subscription.

10.3 We will give you reasonable notice of any change to these Terms. Your continued use of the Services after that notice has been given constitutes your acceptance of the change. If you do not accept a change, you may cancel any Subscription that you hold and cease using the Services.

11. Termination

11.1 You may stop using the Services at any time. You may delete your account, together with its content, from within the App by selecting Profile, then Privacy, then Delete account. Any Subscription that you hold must be cancelled separately through the relevant App Store Provider (see clause 8.7).

11.2 We may suspend or terminate your account if you breach these Terms, or if we are required to do so by law. Unless the law or the seriousness of the breach prevents it, we will first inform you of the reason and give you an opportunity to remedy the breach.

11.3 If we terminate your account for a reason that is not attributable to any fault on your part, we will refund the unused portion of any billing period for which you have paid.

12. Disclaimer

12.1 Other than the guarantees conferred on you by law and the commitments that we expressly make in these Terms, the Services are provided on an "as is" basis.

12.2 We do not warrant that the Services will be uninterrupted or free of errors, or that following any training plan will produce a particular result. Your progress depends on factors that lie outside the control of any application.

13. Consumer guarantees and limitation of liability

13.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that you have under the Consumer Law and that cannot lawfully be excluded, restricted or modified.

13.2 Where a guarantee under the Consumer Law applies and cannot be excluded, and the law permits us to limit our liability for a failure to comply with it, our liability is limited, at our option, to supplying the Services again or paying the cost of having the Services supplied again.

13.3 Subject to clauses 13.1 and 13.2, and to the maximum extent permitted by law: (a) we are not liable to you for indirect or consequential loss, loss of data or loss of earnings arising from your use of the Services; and (b) our total liability to you is limited to the amount that you paid for any Subscription in the 12 months before the claim arose.

13.4 Nothing in these Terms limits any liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, and liability for fraud.

14. Governing law and jurisdiction

14.1 These Terms are governed by the laws of the State of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria in respect of any dispute arising out of or in connection with these Terms or the Services.

14.2 If you are a consumer who resides in New Zealand, or in any other place whose consumer protection laws apply to you on a mandatory basis, clause 14.1 does not deprive you of the protection of those laws or of any right that you have to bring proceedings in the place in which you reside.

15. General

15.1 If any provision of these Terms is held to be invalid or unenforceable, it is to be read down to the extent necessary to make it valid and enforceable or, if that is not possible, severed. The remaining provisions continue to apply.

15.2 A failure or delay by either party to exercise a right under these Terms does not waive that right.

16. Contact

16.1 Questions, notices and complaints concerning these Terms or the Services should be sent to support@provere.app.

16.2 To protect your account, we may require you to verify your identity before we act on a request that relates to it, and we may decline to act on a request if your identity cannot be verified.