Train90 at Work employer agreement

This agreement applies when a business (the "employer", "you") sets up Train90 at Work for its staff. By setting up billing or signing an Enterprise order, you agree to it for your business.

Version 1.2 · Effective 28 October 2026

1. The parties

Us: David Silver, a sole trader trading as Train90 (ABN 54 970 821 702), Queensland ("Train90", "we", "us"). Contact: david@train90.com.au.

You: the business named on your team page or order. The person who accepts this agreement confirms they're allowed to do so for the business.

2. The service

Each member of staff who chooses to join gets a 13-week plan of two short movement sessions each workday (about 8 to 10 minutes, mid-morning and mid-afternoon, at or near their desk), added to their own calendar, with a short check-in each Friday that adjusts the following week. Plans are built from a reviewed exercise library after a short safety screening.

You get a team page with your company code, an invitation to send to staff, team reports (see the data schedule below), headcount, contacts and billing.

The sessions are general fitness information, not medical advice, physiotherapy, rehabilitation or an ergonomic assessment.

3. Plans, prices and payment

Plans and prices are shown on the Train90 at Work page (/work) and on your team page, and are billed on your headcount (the number of staff places you set), not on how many staff join:

• Small team and Business: a monthly Stripe subscription, with no minimum term. If you change your headcount, Stripe adjusts the price from that date (pro rata).
• Enterprise: an annual agreement at the per-person price agreed with you, invoiced by us.
• Free pilot or free trial: where we've offered a pilot, or you've started a free trial (such as the South East Queensland free trial for businesses with up to 30 staff, one per business), no charges apply until it ends. Staff who join during it keep their full 13-week plan. Nothing is charged automatically when it ends: new staff can join again once you set up billing. During the South East Queensland free trial or the Nectar broker free trial your headcount can't go above 30.
• Nectar broker rate: businesses that sign up through the Nectar broker offer (/work/nectar) pay $59 a month for the Small team plan instead of $99, while they're a broker business in the Nectar Mortgages network. If you leave the Nectar network, we may move you to the standard price with at least 30 days' notice by email. The Nectar broker rate replaces the early-commitment offer; the two don't combine.

Invoices and receipts are issued through Stripe and are available through Manage billing on your team page. We accept purchase orders on request: send us your PO number and we'll put it on your invoices. If a payment fails, Stripe retries it; staff who have already joined keep their plans, but new staff can't join until it's paid.

We may change our prices by giving you at least 30 days' notice by email. You can cancel before the change starts.

4. Your responsibilities

You agree to:

1. Tell your staff that taking part is voluntary, and that you see team-level figures only.
2. Not pressure, require or reward anyone to take part, and not treat anyone differently because they do or don't take part, or because of anything they tell us.
3. Not try to work out which individuals have joined, stopped, or reported anything.
4. Remain responsible for work health and safety in your workplace. Train90 doesn't replace your WHS duties, workstation assessments, or any injury management or return-to-work process.
5. Keep your team page sign-ins to the people who need them (up to 10 contacts), and remove contacts who leave.

Each member of staff accepts Train90's terms of use and privacy policy themselves when they join, and is our client for their own plan.

5. Term and ending

This agreement runs month to month (or for the agreed year, for Enterprise) until it ends.

• You can cancel at any time through Manage billing on your team page or by emailing us. Monthly plans stop at the end of the current paid month, with no cancellation fee.
• When billing ends, new staff can't join, but staff who have already joined keep their plan until the end of their current 13-week plan.
• If someone leaves your business, their plan also runs to the end of their current 13 weeks unless you end it. On your team page, paste their work email address under "End plans for these staff" (or send it to us) and that plan ends. We won't tell you whether that person had joined.
• We may suspend or end the service if you seriously breach this agreement, with notice where practical. If we end it for any other reason, we'll give you at least 30 days' notice and refund anything you've paid for the period after it ends.

6. Liability

Nothing in this agreement 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're not liable for loss to the extent it results from you breaching this agreement, from your workplace, equipment or WHS arrangements, or from anything outside our reasonable control; 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.

Each member of staff's own use of Train90 is covered by Train90's terms of use with them.

7. General

We may update this agreement by giving you at least 30 days' notice by email; you can cancel before the change starts. This agreement is governed by the laws of Queensland, and you and we submit to the courts of Queensland. If any part can't be enforced, the rest still applies. This agreement, with your team page settings and any Enterprise order, is the whole agreement between us about Train90 at Work.

Data schedule

Who is responsible. Train90 is responsible for your staff's personal information under the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as set out in our privacy policy. We don't collect it for you or on your behalf, and we don't give it to you.

What you see. Team-level figures only, on your team page: how many staff are enrolled, how many check-ins came in, the share of planned sessions completed, how the sessions felt overall, and how people felt at the end of their 13 weeks compared with the start.

• Nothing is shown until at least 5 staff are enrolled, and any figure built from fewer than 5 people (such as a week with fewer than 5 check-ins) is withheld.
• You never see any individual's name, email address, screening or set-up answers, check-in answers, or whether a particular person has joined.
• Aches and pain reported at check-ins are never reported to you in any form, not even as counts.
• When someone stops their plan, we don't tell you. Your enrolled count simply goes down.

What we hold about you. Your business name, headcount, email domains, plan and billing status, and the names and work email addresses of your team page contacts.

Where it's stored. Staff and employer information is stored in our database in Sydney, Australia. Our service providers are listed in our privacy policy.

Optional workspace photo check. A member of staff can choose to photograph their workspace so we can suggest answers to the set-up questions. It's used only if they tick the consent box. The photos are sent to our AI provider, OpenAI, in the United States, only to identify things like a chair, desk or stairs, and are deleted straight after. They're never stored and never shared with you. You can switch the photo check off for your staff at any time on your team page.

How long we keep it. Staff information is kept as our privacy policy describes. Your employer account details are kept while your account is active and then for as long as we need them for tax, accounting and legal purposes, after which they're deleted.

Data breaches. If a data breach is likely to cause serious harm to any of your staff, we'll notify them and the Office of the Australian Information Commissioner under the Notifiable Data Breaches scheme. If it affects your business's information, we'll tell you promptly.

Questions about this agreement? Email david@train90.com.au.