FlexForce XPerformance Decision Engine

LEGAL

Terms and Conditions.

Last updated: 5 May 2026.

Welcome to FlexForce X. We provide an AI-powered fitness and wellness coaching service available through our public website at flexforcex.fitness, our web app at flexforcex.app, and our iOS application (together, the Service), operated by Flex Force X Operations Pty Ltd (ACN 692 102 971; ABN 70 692 102 971) (we, us, or our).

These Terms and Conditions set out the agreement between you and us when you sign up for or use the Service. By creating an account or using the Service, you confirm that you accept these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

1. Acknowledgment About These Terms And Apple

1.1 These Terms are an agreement between you and us only, and not with Apple Inc. (Apple). We, not Apple, are solely responsible for the Service and its content.

1.2 You acknowledge that Apple has no obligation to provide any maintenance or support services for the Service.

1.3 You acknowledge that Apple is a third-party beneficiary of these Terms and, upon your acceptance of these Terms, has the right to enforce these Terms against you as a third-party beneficiary.

1.4 If you access the Service through Google Play, the Microsoft Store, or any other third-party platform, equivalent acknowledgments apply in favour of that platform operator to the extent its policies require.

2. Eligibility And Your Account

2.1 Minimum age. You must be at least 18 years old to create an account. If you are under 18, you may not use the Service. We may require you to verify your age at any time and may suspend or terminate accounts where we have reasonable grounds to believe a user is under 18.

2.2 Capacity. You confirm that you have legal capacity to enter into these Terms in the jurisdiction in which you reside.

2.3 You represent and warrant that:

  • you are not located in, under the control of, or a national or resident of any country that is subject to a United States Government embargo, or that has been designated by the US Government as a terrorist supporting country; and
  • you are not listed on any United States Government list of prohibited or restricted parties.

2.4 Account security. You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. You must notify us promptly at support@flexforcex.fitness if you suspect any unauthorised use of your account.

2.5 One account per person. You must not create more than one account, share your account with others, or transfer your account to anyone else without our written consent.

3. Scope Of Licence To Use The Service

3.1 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your personal, non-commercial use.

3.2 For the iOS App, this licence is further limited to use of the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via family sharing or volume purchasing where permitted by Apple.

3.3 You must not:

  • copy, modify, reverse-engineer, decompile, or create derivative works of the Service except to the extent expressly permitted by applicable law;
  • use the Service to build a competing product or service;
  • attempt to gain unauthorised access to the Service, other users' accounts, or our underlying systems;
  • use the Service in a way that interferes with or disrupts its operation; or
  • use the Service in connection with any unlawful, harmful, deceptive, harassing, or infringing activity.

4. The Service And AI Systems

4.1 The Service uses Artificial Intelligence (AI) systems to provide personalised coaching across training, nutrition, supplements, recovery, sleep, and scheduling, integrated where you choose with your wearable devices and calendar.

4.2 You acknowledge and agree that:

  • information used by our AI systems is provided by you, sourced from your inputs, connected wearables, calendar integrations, and other data you choose to share;
  • we do not specifically curate every output, and outputs are generated based on the information available to those systems at the time of your request;
  • due to the nature of large language models, AI outputs may not be unique and the same or similar output may be generated for other users;
  • we do not guarantee the accuracy, completeness, currency, or suitability of any plan, recommendation, projection, or other output, and we have not verified its application to your personal circumstances;
  • you should independently verify any output and make your own enquiries, including consulting a qualified professional where appropriate, before acting on guidance provided through the Service; and
  • the Service is not intended to be used as the sole basis for any personal, medical, dietary, or health-related decision.

4.3 We may update, add to, remove, or change features of the Service from time to time. Where reasonable, we will give you notice of material changes.

4.4 We will use reasonable efforts to keep the Service available, but we do not warrant that it will always run uninterrupted or be error-free, including during scheduled or emergency maintenance.

5. Health, Medical, And Safety Disclaimer

5.1 The Service, including any plan, recommendation, projection, content, or other output, is provided for general information, fitness, and wellbeing purposes only. It does not take into account your individual medical circumstances and is not a substitute for professional medical, psychological, nutritional, or other qualified advice.

5.2 The Service is not intended to diagnose, treat, cure, manage, alleviate, or prevent any disease, injury, or medical condition. Use of the Service does not create any doctor-patient, dietitian-client, or other professional relationship between you and us.

5.3 If you have a pre-existing medical condition, an injury, are pregnant, are taking medication, or have any health concern, you must consult a qualified medical professional before using the Service. Stop using the Service and seek medical attention immediately if you experience pain, dizziness, shortness of breath, or any other concerning symptom.

5.4 The Service is not designed for medical or safety emergencies. If you are in crisis or need emergency help, contact your local emergency number, including 000 in Australia, or a crisis support service.

5.5 You are solely responsible for assessing whether any aspect of the Service is suitable for you, and for your use of the Service. Your reliance on the Service is at your own risk.

6. Wearables, Calendars, And Third-Party Services

6.1 The Service is designed to integrate with third-party products and services, including wearable devices, Apple HealthKit, calendar applications, mapping and location services, and food or restaurant data providers (each a Third-Party Service).

6.2 Third-Party Services are independent of us. Your use of them is governed by the relevant third party's own terms and privacy policies, and you are responsible for complying with them.

6.3 We are not responsible or liable for, and do not warrant, the availability, accuracy, content, or performance of any Third-Party Service. A Third-Party Service may change, become unavailable, or stop interoperating with the Service at any time.

6.4 You acknowledge that you must comply with the applicable third-party terms of agreement when using the Service, and that those third parties may be third-party beneficiaries of these Terms to the extent their policies require.

7. Subscriptions, Payments, And Refunds

7.1 Some features of the Service are available at no cost. Other features require a paid subscription. Details of available plans, pricing, and included features are set out in the Service.

7.2 If you purchase a subscription through the iOS App, the purchase is processed by Apple under the Apple Media Services Terms and Conditions. Apple, not us, handles the payment, billing receipts, and renewal of those subscriptions.

7.3 Subscriptions purchased through Apple renew automatically unless cancelled at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your Apple ID account settings. Once a renewal payment has been charged, it is generally non-refundable except as required by law.

7.4 Where we offer subscriptions directly through our website, billing is handled by our payment processor, and the additional terms presented at checkout will apply.

7.5 Refund requests for purchases made through the App Store must be directed to Apple. For direct purchases through our website, refund requests can be sent to support@flexforcex.fitness, and we will deal with them in line with applicable consumer law, including the Australian Consumer Law.

7.6 Prices may be inclusive of taxes where shown. You are responsible for any taxes or duties imposed on you in connection with your purchase that are not collected by us or the App Store.

7.7 We may change subscription pricing or the features included in any tier from time to time. We will give you reasonable advance notice of any change that affects your current subscription, and you may cancel before the change takes effect.

8. Intellectual Property And Your Data

8.1 We own all intellectual property rights in the Service, including how it looks and functions, our copyrighted works, trade marks, inventions, designs, AI prompts, model configurations, and other intellectual property. You must not copy, distribute, or otherwise misuse our intellectual property without our written consent.

8.2 We do not own Your Data. By providing or uploading Your Data, you grant us a worldwide, royalty-free, non-exclusive licence to access, analyse, back up, copy, store, transmit, display, and otherwise use Your Data while you have an account with us, and for a reasonable period afterwards, to supply the Service, diagnose problems, improve, develop, and protect the Service, and carry out analysis for the purpose of remedying bugs or issues with the Service.

8.3 You warrant that any data or information you upload to the Service does not infringe a third party's intellectual property, publicity, or privacy rights, and does not violate any applicable law or regulation.

8.4 If you provide feedback or suggestions about the Service, you grant us the right to use that feedback in any manner we see fit, including to develop new features, without any obligation to you.

8.5 We may create anonymised, aggregated statistical data from Your Data and your use of the Service. Once anonymised so that you can no longer be identified, we own that data and may use it for our own purposes, including to develop new services, identify trends, train and improve our AI systems, and for other uses we communicate to you. We will not include sample sizes small enough to make underlying portions of Your Data identifiable.

8.6 You are responsible for backing up Your Data on your own systems and devices.

9. Privacy

9.1 We collect, hold, use, and disclose personal information in accordance with our Privacy Policy, our Cookie and Tracking Notice, and our Privacy Collection Notice.

9.2 By using the Service, you acknowledge that your personal information will be handled in accordance with those notices, and you confirm that any personal information of another person that you provide to us has been provided with that person's consent or as otherwise permitted by law.

10. Acceptable Use

10.1 You agree not to:

  • use the Service for any illegal, harmful, deceptive, or abusive purpose;
  • impersonate any person or misrepresent your affiliation with any person;
  • upload viruses, malware, or other harmful code;
  • scrape, harvest, or extract data from the Service except as expressly permitted;
  • attempt to circumvent any security feature, rate limit, content filter, or safety guardrail;
  • use the Service to develop or train competing AI models.

10.2 We may investigate suspected breaches and, at our discretion, suspend or terminate access for users who breach these Terms.

11. Confidential Information

11.1 While using the Service, you may receive information about us that is not generally publicly available, including AI prompt structures, unreleased features, and internal documentation shared in support contexts.

11.2 You must not disclose or misuse Our Confidential Information, and must take reasonable steps to keep it confidential. We will do the same for any confidential information you mark as confidential and share with us in writing.

11.3 Either party may disclose confidential information where required to do so by law or by a regulatory authority.

12. Disclaimers And Consumer Rights

12.1 To the maximum extent permitted by law, the Service is provided as is and as available, without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

12.2 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded.

12.3 Where a consumer guarantee under the Australian Consumer Law applies and cannot be excluded, our liability for breach is limited, where the law permits us to limit it, to supplying the relevant services again or paying the cost of having the relevant services supplied again.

13. Limitation Of Liability

13.1 Subject to clause 12.2, to the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profits, revenue, goodwill, use, data, or other intangible loss, in connection with these Terms or arising out of or relating to the Service.

13.2 Subject to clause 12.2, our total aggregate liability to you in connection with these Terms or the Service in any 12-month period is limited to the greater of the amount you paid us for the Service in that 12-month period or AUD $100.

13.3 You and we acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the iOS App, including product liability claims, claims that the Service fails to conform to legal or regulatory requirements, or claims under consumer-protection or similar legislation.

13.4 In the event of any third-party claim that the Service or your possession and use of the iOS App infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of that claim, to the extent required by these Terms and applicable law.

13.5 You acknowledge that we have offered the Service with a fair limitation of risk and would not have done so without the disclaimers and limitations in clauses 12 and 13.

14. Indemnity

14.1 To the maximum extent permitted by law, you agree to indemnify and hold us harmless from any loss, damage, liability, claim, or expense, including reasonable legal fees, arising from your breach of these Terms, misuse of the Service, Your Data or content you upload, or your violation of any law or third-party right.

14.2 This indemnity does not apply to the extent the loss is caused by our negligence, wilful misconduct, or breach of these Terms.

15. Termination And Suspension

15.1 You may cancel your account at any time through Settings -> Account -> Delete account in the App or by contacting support@flexforcex.fitness.

15.2 We may suspend or terminate your access to the Service at any time if:

  • you breach these Terms;
  • we are required to do so by law or by a regulator;
  • we reasonably believe there has been unauthorised access to or misuse of your account;
  • we decide to discontinue all or part of the Service.

15.3 Where reasonable, we will give you advance notice before terminating your account.

15.4 On termination, your licence to use the Service ends, and we will delete or de-identify your personal information in line with our Privacy Policy and Australian Privacy Principle 11. Clauses 4.2, 5, 8, 9, 12, 13, 14, and 17 survive termination.

16. Maintenance, Support, Warranty, And Apple's Role

16.1 We are solely responsible for providing any maintenance and support services for the Service, as set out in these Terms or as required by law. Apple has no obligation to furnish any maintenance or support services in connection with the iOS App.

16.2 We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the iOS App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the iOS App.

16.3 You and we acknowledge that we, not Apple, are responsible for addressing claims by you or any third party relating to the iOS App or your possession or use of it.

16.4 Support requests, complaints, and other contact regarding the Service should be directed to:

Flex Force X Operations Pty Ltd (ACN 692 102 971; ABN 70 692 102 971)
Email: support@flexforcex.fitness
Post: Level 29, 66 Goulburn Street, Sydney NSW 2000

17. General

17.1 You may not transfer or assign these Terms without our prior written consent. We may assign or novate these Terms to a related body corporate or in connection with a corporate transaction, provided your rights are not materially diminished.

17.2 These Terms are governed by the laws of Queensland, Australia. The courts of Queensland, and any court entitled to hear appeals from them, have non-exclusive jurisdiction over any dispute.

17.3 In the event of a dispute, the parties will first try to resolve it through good-faith discussion or mediation before commencing court proceedings, except where urgent relief is sought.

17.4 We are not liable for any delay or failure to perform our obligations to the extent caused by an event beyond our reasonable control.

17.5 Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

17.6 Notices to us must be sent to legal@flexforcex.fitness. Notices to you will be sent to the email address registered against your account or shown in-app.

17.7 If any part of these Terms is found to be unenforceable, the rest will continue to apply.

17.8 A failure or delay by us in exercising any right does not waive that right.

17.9 These Terms, the Privacy Policy, the Cookie and Tracking Notice, and any additional terms presented at the point of purchase together form the entire agreement between you and us in relation to the Service.

17.10 We may update these Terms from time to time. We will update the Last updated date at the top of the page. Material changes will be notified to you in advance, for example by in-app notice or email. Continued use of the Service after the effective date indicates your acceptance.

17.11 You agree that we may publicise the broad nature of our provision of the Service to you, including on our website and in promotional material, in a way that does not disclose personal information beyond what is reasonably necessary to identify you as a user, and only where you have separately consented to that identification.

18. Definitions

App Store means the Apple App Store operated by Apple Inc., and where the context requires, any other third-party app distribution platform through which the Service is made available.

Service means our public website at flexforcex.fitness, our web app at flexforcex.app, the FlexForce X iOS application, and the AI-powered fitness and wellness coaching features provided through them, including any related content, materials, and updates.

Third-Party Service means a third-party product or service that the Service interoperates with, as described in clause 6.

Your Data means the information, materials, documents, measurements, and other data supplied by you when using the Service, or generated by your use of the Service. Your Data does not include internal or back-end output of the Service that is not generally available to users.

19. Contact Us

Flex Force X Operations Pty Ltd (ACN 692 102 971; ABN 70 692 102 971)
General support: support@flexforcex.fitness
Privacy: privacy@flexforcex.fitness
Legal notices: legal@flexforcex.fitness
Post: Level 29, 66 Goulburn Street, Sydney NSW 2000

If you are not satisfied with our response to a complaint about how we handle personal information, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or at www.oaic.gov.au.

By creating an account or using the Service, you confirm that you have read and agree to these Terms.