Better Fit Terms and Conditions 

 Last updated: 04 October 2025 

 Welcome to BetterFit (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our website [www.betterfit.fit] and the BetterFit fitness app (the “App”). By accessing our website or downloading and using our App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or App. 

 1. Use of Our Services 

 A. Eligibility 

 You must be at least 18 years old to use our services. By accessing our website or downloading our App, you confirm that you are at least 18 years of age and capable of forming a legally binding contract. 

 B. User Accounts 

To use certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account login details and for all activities under your account. 

If we detect fraudulent behavior, misuse of your account, or a violation of these Terms, we reserve the right to suspend or terminate your account immediately, without notice. 

 C. App Use and Restrictions 

You agree to use our App for personal, non-commercial purposes. You are prohibited from: 

  • Using the App for any illegal or unauthorized purpose. 
  • Attempting to hack, exploit, or reverse-engineer any part of the App. 
  • Sharing your login details with others or creating multiple accounts for exploitative purposes. 
  • Copying, modifying, or distributing any part of the App without our prior written consent. 

 2. Subscriptions and Fees 

 A. Subscriptions 

Some features of the BetterFit App may require a paid subscription. You agree to pay the subscription fees applicable to the service plan you select, as described during your sign-up process. 

B. Payments 

All payments are processed securely via third-party payment processors. You agree that we may charge your chosen payment method for any subscription fees or charges applicable to your use of the App. Fees are non-refundable except where required by law. 

 C. Subscription Cancellation 

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of your current billing cycle, and you will continue to have access to the App until that period ends. No partial refunds will be issued for unused subscription periods. 

D. Price Changes 

BetterFit reserves the right to modify subscription fees at any time. If a price change applies to your subscription, we will provide advance notice, and the new rate will apply to your next billing cycle. If you disagree with the change, you may cancel your subscription before the new pricing takes effect. 

E. Refund Policy 

Refunds will only be issued in compliance with applicable laws, including Australian Consumer Law. In the event of a significant technical issue or service disruption that prevents access to the App for an extended period, refunds may be considered on a case-by-case basis. 

 3. Health Disclaimer 

Better Fit provides fitness content, training routines, and nutrition recommendations, but it is not intended as a substitute for professional medical advice. You should consult with a physician or healthcare provider before beginning any fitness program. 

You acknowledge that participating in physical activity involves risks, including injury. It is your responsibility to seek medical advice, and Better Fit is not responsible for any injuries, health issues, or consequences that may arise from your use of the App. 

 4. Intellectual Property 

A. Ownership 

All content, logos, trademarks, and intellectual property associated with BetterFit, including the website and App, are owned by us or licensed to us. 

All content, including but not limited to text, graphics, videos, software code, and training materials, is protected by Australian copyright law and international treaties. Unauthorized reproduction, modification, distribution, or public display without our prior written consent is strictly prohibited and may result in civil or criminal liability. 

B. User Content 

If you submit content (such as fitness routines, images, or feedback) to our App or website, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, distribute, and display your content in connection with providing and promoting our services. 

You may request the removal of your content if you delete your account by contacting us at [email protected]. Better Fit will review such requests and make reasonable efforts to remove user content where possible. 

 5. Limitation of Liability 

To the fullest extent permitted by law, Better Fit is not liable for any damages arising from your use of our App or website, including but not limited to direct, indirect, incidental, consequential, or punitive damages. 

This includes any loss of profits, data, or use, even if we have been advised of the possibility of such damages. This limitation does not apply in cases of gross negligence or intentional misconduct by Better Fit. 

 6. Indemnification 

You agree to indemnify and hold Better Fit harmless from any claims, damages, or expenses arising out of your use of our website or App, violation of these Terms, or violation of any third-party rights. 

In turn, Better Fit will indemnify you for any claims or damages resulting from its gross negligence or intentional misconduct. 

 7. Termination 

We reserve the right to suspend or terminate your account at any time, without notice, if we believe you are violating these Terms or engaging in unauthorized activities. Upon termination: 

  • Your right to access the App will immediately cease. 
  • Any unpaid fees or charges accrued before termination remain payable. 
  • We may retain certain data as required by law or for legitimate business purposes, such as fraud prevention. 
  • We reserve the right to pursue legal remedies in the event of fraud, abuse, or intellectual property violations.

For less severe violations, we may provide a 30-day warning notice before termination. 

 8. Modification to the Terms 

We may update these Terms from time to time. Any changes will be posted at https://betterfit.fit/terms-and-conditions/. 

Your continued use of our services after such changes constitutes your acceptance of the updated Terms. You will be notified in advance of significant changes, and you may opt out by discontinuing your use of our website and App. 

 9. Governing Law and Dispute Resolution 

These Terms are governed by and construed in accordance with the laws of Australia. 

If a dispute arises regarding these Terms or your use of the website or App, both parties agree to attempt to resolve the dispute amicably through mediation or arbitration before pursuing legal action. Any claims that cannot be resolved through mediation will be subject to the exclusive jurisdiction of the courts of Australia. 

 10. Contact Us 

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

    BetterFit 

     96 Botanic Loop Brigadoon, 

     Western Australia 

     Email: [email protected] 

 11. Data Collection and Privacy 

By using our website and App, you agree that Better Fit may collect, store, and process your personal data, including but not limited to your name, email, fitness preferences, and app usage data. 

We use this information to: 

  • Provide and improve our services. 
  • Personalize your experience. 
  • Communicate with you about updates and features. 

We implement industry-standard security measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security. 

By creating an account, you consent to our collection and use of data as described in these Terms and in our Privacy Policy. You may request access to, correction of, or deletion of your personal data by contacting us at [email protected]