Introduction

Welcome to FitScale OS. These Terms and Conditions (“Terms”) govern your use of our website, platform, and services. By accessing or using our services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must refrain from using our services.

FitScale OS is operated by FitScale OS Pty Ltd (“we,” “us,” or “our”), an Australian-based company providing business management solutions tailored for online fitness coaches.

1. Definitions

In these Terms:

• "We/Us/Our" refers to FitScale OS Pty Ltd.

• "You/User/Client" refers to any individual or business using our services.

• "Platform" refers to the FitScale OS software, website, and associated tools.

• "Services" refers to any features, functionality, or assistance provided by FitScale OS.

2. Eligibility

To use our services, you must:

• Be 18 years of age or older.

• Have the legal authority to enter into binding agreements.

• Provide accurate and complete information during registration.

3. Services Offered

FitScale OS provides business management software for online fitness coaches, including:

• CRM systems

• Workflows and automation tools

• Marketing solutions (e.g., email campaigns, funnels)AI-powered assistants

• Payment processing integrations

• Customised business buildouts (A-Z Scale System)

We offer the following subscription plans:

• Pro Plan: $497 AUD/month

• Scale Plan: $997 AUD/month

• A-Z Scale System Setup: Custom pricing available upon request

For details about features, visit www.fitscaleos.com.

4. Subscription and Payment

4.1 Subscription Plans

Subscriptions are billed on a monthly basis unless otherwise specified.

All payments are in AUD and must be made via approved payment methods.

4.2 Setup Fees

Certain plans include a setup fee. This is a one-time, non-refundable payment required for onboarding and customisation services.

4.3 Cancellations

You may cancel your subscription at any time. Cancellation requests must be submitted in writing or via the platform.

Upon cancellation, you will retain access to the platform until the end of your billing cycle.

4.4 Refund Policy

We do not offer refunds for subscriptions or setup fees unless required by Australian Consumer Law (ACL).

4.5 Late Payments

If a payment fails, we reserve the right to suspend access to your account until the payment is made in full.

5. Intellectual Property

5.1 Ownership

All content, design, trademarks, and intellectual property on the platform belong to FitScale OS Pty Ltd.

Users are granted a non-exclusive, non-transferable license to use the platform as per these Terms.

5.2 Prohibited Use

You may not reproduce, modify, or distribute any part of the platform without our express written consent.

6. User Responsibilities

You agree to:

• Use the platform only for lawful purposes.

• Ensure that all data and content you upload to the platform is accurate, lawful, and does not infringe on third-party rights.

• Maintain the confidentiality of your login credentials.

• Comply with all applicable Australian laws and regulations.

You must not:

• Attempt to hack, disrupt, or misuse the platform.

• Use the platform for fraudulent or illegal activities.

7. Privacy

We value your privacy. All personal information collected is handled in accordance with our

Privacy Policy, which is available at www.fitscaleos.com/privacy-policy. By using our services, you consent to the collection, use, and storage of your information as outlined in the Privacy Policy.

8. Limitation of Liability

8.1 No Guarantees

While FitScale OS aims to deliver high-quality services, we do not guarantee specific business outcomes, such as increased revenue or lead conversion rates.

8.2 Liability Cap

To the fullest extent permitted by Australian law, our liability is limited to:

The amount you have paid us in the 12 months prior to the claim, or Resupplying the services.

8.3 No Indirect Damages

We are not liable for indirect, incidental, or consequential damages, including loss of profits, data, or business opportunities.

9. Termination

We reserve the right to suspend or terminate your account if:

• You breach these Terms.

• You fail to make payments when due.

• We determine, at our sole discretion, that your use of the platform poses a risk to our services or other users.

Termination does not waive your obligation to pay any outstanding amounts owed.

10. Dispute Resolution

10.1 Australian Consumer Law

Our services comply with the Australian Consumer Law (ACL). For unresolved issues, you may contact the Australian Competition and Consumer Commission (ACCC).

10.2 Negotiation

In case of disputes, we encourage amicable resolution through negotiation. Contact us at [email protected].

10.3 Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be resolved in Australian courts.

11. Third-Party Integrations

FitScale OS integrates with third-party services such as Stripe, Meta Ads, and others. By using these integrations, you agree to their respective terms of service. We are not responsible for the performance or security of third-party providers.

12. Changes to These Terms

We may update these Terms periodically to reflect changes in our services or legal requirements. The latest version will always be available at www.fitscaleos.com/terms-and-conditions. Continued use of our services constitutes acceptance of the updated Terms.

13. Contact Information

If you have questions or concerns about these Terms, please contact us at:

FitScale OS Pty Ltd

Email: [email protected]

Website: www.fitscaleos.com

14. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and FitScale OS.

• Severability: If any provision of these Terms is deemed invalid, the remaining provisions will remain enforceable.

• Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control, such as natural disasters or technical failures.