Terms of use

These terms apply when you use Train90, operated by David Silver (ABN [ ]) of [ADDRESS], Queensland ("we", "us", "our"). By buying or using a program you agree to them. Please read the health and safety section carefully.

Version 1.0 (draft) · Effective [DATE]

1. Who can use Train90

You must be at least 18 and live in Australia. You must answer the safety screening questions truthfully and tell us if your health changes. Our programs are not designed for people who are pregnant or have given birth in the last six months, or for rehabilitation of injuries or medical conditions.

2. Health and safety

This is general fitness information, not medical advice. Train90 is not a medical, physiotherapy or rehabilitation service and doesn't diagnose or treat any condition. If you have a medical condition, injury or any doubt about whether exercise is safe for you, talk to your GP or an Accredited Exercise Physiologist before starting.

Exercise involves risk. Physical exercise carries a risk of injury, including muscle strains, sprains, joint injuries and falls, and, rarely, serious events such as heart attack, stroke or death. You can reduce these risks by warming up, using correct technique, choosing weights you can control, using safe and well-maintained equipment in a safe space, and progressing gradually.

Stop and get help if you feel chest pain or pressure, severe breathlessness, dizziness, faintness, an irregular heartbeat, or sharp or worsening pain. Call 000 in an emergency.

Screening is a safety net, not a guarantee. Our safety screening is based on the Adult Pre-Exercise Screening System. It helps identify people who should get advice before exercising, but it can't identify every risk.

You are in control of your training. You decide whether, when and how to do each session, and you're responsible for exercising within your own limits, choosing suitable weights, checking your equipment and training area are safe, and skipping any exercise that causes pain.

3. What you get

Depending on your plan, you get a 13-week training program built for you from our exercise library, a private web page for your program, a calendar feed, a baseline and retest, and (on the Adaptive plan) weekly check-ins that adjust the following week.

Programs are built by our software using rules reviewed by a qualified exercise professional. AI helps write coaching notes and may suggest exercise swaps, which our software checks against safety rules before use. Our privacy policy explains this in more detail.

Results aren't guaranteed. Results depend on many things we don't control, including consistency, sleep, nutrition and health. We don't promise any particular outcome such as weight loss or strength gains.

4. Plans, prices and payment

Prices are in Australian dollars and include GST. Payments are processed securely by Stripe.

• 90-Day Program: a one-off payment for one program.
• Adaptive plan: a monthly subscription that renews automatically each month until you cancel. There's no minimum term or lock-in. We'll remind you by email before renewals where required, and if we change the price we'll give you at least 30 days' notice and the option to cancel first.

Cancelling the Adaptive plan: you can cancel at any time through the link in your account emails or by emailing us. Cancellation takes effect at the end of the current paid month, with no cancellation fee. You keep access to your current program and calendar; weekly adjustments stop.

If a subscription payment fails, we'll let you know and may pause weekly adjustments until it's resolved.

5. Refunds and your consumer rights

Our satisfaction promise: if you're not happy with your 90-Day Program, email us within 14 days of receiving it for a full refund. For the Adaptive plan, you can cancel at any time as described above.

Your consumer rights: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

6. Your account and private links

Your program and calendar links are private. Anyone with the link can see your program, so keep them to yourself. If you think a link has been shared, email us and we'll replace it. Keep your email address up to date so you receive important messages.

7. Using our content

Your program, our exercise library, videos, text, the Train90 name and logo belong to us or our licensors. We give you a personal, non-transferable licence to use your program for your own training. You must not copy, resell, share publicly or use our content or service to build a competing product, and you must not scrape, reverse engineer or interfere with the website.

8. Changes to the service

We may improve or change the service, exercise library or features. If we make a change that materially reduces what you've paid for, we'll tell you and you can cancel and receive a pro-rata refund for anything unused.

9. Our liability

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that can't be excluded.

Subject to that:

• we are not liable for loss or injury to the extent it results from you not following these terms, giving us inaccurate information, ignoring safety advice, or from equipment, facilities or surroundings we don't supply; and
• where the law allows us to limit our liability, our liability for a failure to comply with a consumer guarantee is limited to supplying the service again or paying the cost of having it supplied again.

10. Ending your use

You can stop using Train90 at any time. We may suspend or end your access if you breach these terms, misuse the service, or if continuing would put your safety or others at risk. If we end your access without you being at fault, we'll refund any unused prepaid amount.

11. Privacy

Our privacy policy explains how we handle your personal information, including health information.

12. Complaints and disputes

If something goes wrong, please email david@train90.com.au first. We'll acknowledge your complaint within 5 business days and aim to resolve it within 30 days. You can also contact your state or territory consumer protection agency, such as the Office of Fair Trading Queensland.

13. Governing law

These terms are governed by the laws of Queensland. You and we submit to the non-exclusive jurisdiction of the courts of Queensland. This does not remove any rights you have to bring a claim in your own state or territory.

14. Changes to these terms

We may update these terms. The version in force when you buy applies to that purchase. For subscriptions, we'll give you at least 30 days' notice of any change that affects you, and you can cancel before it takes effect.

15. Contact

David Silver trading as Train90 · david@train90.com.au · [ADDRESS]