These Terms of Service ("Terms") govern your use of the MVPeak App: account rules, acceptable use, health and AI disclaimers, content you submit, and what happens if either side breaches this agreement. MVPeak (the 'App') is provided by MVPeak (ABN 92 424 605 570), a partnership based in Moorabbin, Melbourne, Victoria ('we', 'us', 'our', 'the Business'), for general health and fitness purposes only. By downloading, installing, or using MVPeak, you agree to be bound by these Terms and all applicable Australian laws. If you do not agree, do not use the App.

1. Acceptance of Terms

These Terms form a binding agreement between you and MVPeak. You agree that: you use the App at your own risk; MVPeak is not responsible for any outcome of using the App; and MVPeak does not make any warranties or representations as to the content of the App, its quality, or its availability.

2. Relationship Between These Terms and the Terms and Conditions

If you subscribe to a paid tier of MVPeak, your subscription (billing, pricing, refunds, and cancellation) is additionally governed by our Terms and Conditions, available at mvpeak.app/terms-and-conditions. Both documents apply to you together and should be read as one relationship, not two independent ones. In particular, the Limitation of Liability in Section 16 below applies in aggregate across both documents (see Section 16).

3. Eligibility

• You must be at least 16 years of age to use the App. By accessing or using the App, you confirm that you are of legal age in your country, are not under 16 years old, have full power, capacity and authority to agree to these Terms, and have not previously been suspended or removed from the App.
• Users aged 16 to 17 must have written or verifiable parental or guardian consent prior to creating an account. By registering on behalf of a 16 to 17 year old, the parent or guardian confirms they have read and accepted these Terms, consent to the collection and use of the minor's personal information as described in the Privacy Policy, and accept responsibility for the minor's activity on the App.
• You must have the physical capacity to undertake exercise, or have sought medical clearance to do so.

4. Account Creation and Security

To access certain features you will need to create an account. You agree to provide accurate information and maintain the confidentiality of your login credentials. You are responsible for all activity under your account, with or without your permission. MVPeak is not responsible for any loss or activity resulting from unauthorised use of your account due to your failure to secure your login credentials.

You should not share your login credentials or allow others to access your account. You must immediately notify MVPeak in writing at legal@mvpeak.app of any unauthorised use of your account. MVPeak may, at its option, limit the number of accounts you may create or maintain, specify additional conditions for opening or maintaining accounts, and/or decline to create an account for you.

5. Health and Fitness Disclaimer

The App does not provide medical advice, diagnosis, or treatment. All content, including workout programs, technique cues, nutrition guidance, AI-generated recommendations, and equipment assessments, is for informational and educational purposes only. You should always consult a qualified medical practitioner, physiotherapist, or registered health professional before beginning any exercise or nutrition program, particularly if you have a pre-existing medical condition, injury, or health concern.

Physical exercise carries inherent risks including, but not limited to, musculoskeletal injury, cardiovascular events, and other health complications. By using MVPeak, you:

• acknowledge and accept all risks associated with following workout programs, nutrition guidance, and technique cues provided through the App;
• confirm that you have disclosed any relevant medical conditions before participating, and that you will seek medical advice if unsure;
• agree to exercise at an appropriate intensity for your current fitness level, and to stop immediately if you experience pain, dizziness, shortness of breath, or any other symptoms of concern.

If you believe you may require urgent or emergency assistance, do not rely on the App or any AI feature. Contact emergency services or an appropriate urgent-care provider immediately. Health advice is often refined over time as medical knowledge develops; while we aim to keep the App current, we do not guarantee that any information available through it is the most recent, complete, or appropriate for your circumstances. If you experience discomfort, pain, distress, or any unexpected side effect during any activity, stop the activity and seek appropriate assistance.

6. AI-Generated Content Disclaimer

MVPeak uses artificial intelligence to personalise workout programs, nutrition guidance, and technique feedback. No human personal trainer or nutritionist reviews this AI-generated output before it reaches you. You acknowledge that:

• AI recommendations are generated based on information you provide and general fitness principles. They are not tailored medical or dietetic advice;
• results from following any program or recommendation may vary significantly from person to person;
• MVPeak is not responsible for any injury, loss, or adverse outcome resulting from your use of AI-generated content.

7. Live Scanning Features

MVPeak uses your device camera to scan gym equipment and analyse movement technique in real time. You acknowledge and agree that:

• the equipment scanning feature provides program suggestions based on visual recognition only, and does not constitute a safety inspection or engineering assessment of any equipment;
• the live technique analysis feature provides general guidance based on movement patterns detected by your device camera, and is not a substitute for in-person coaching by a qualified trainer;
• camera-based assessments are subject to limitations including lighting conditions, camera angle, clothing, and other environmental factors that may affect accuracy;
• we do not warrant that technique cues generated by the App are appropriate for your individual fitness level, injury history, or physical condition.

In using these features, you additionally agree that: you will only scan equipment in facilities where you have permission to be present; you accept that scanning relies on computer vision technology subject to accuracy limitations; you will not rely solely on App technique cues where qualified coaching supervision is appropriate or required; and you acknowledge that equipment scanning does not constitute a safety certification or endorsement of any equipment.

8. Acceptable Use and Prohibited Behaviour

The App is licensed, not sold, to you for personal, non-commercial use only. You must not:

• reverse engineer, decompile, or attempt to extract the source code of the App;
• reproduce, distribute, or commercially exploit any App content;
• use the App in any way that is unlawful, harmful, or abusive to others;
• attempt to circumvent any subscription paywall or licensing restriction;
• use the App to collect data on other users without their consent;
• use any data mining, robots, or similar data-gathering or extraction methods against the App.

Zero tolerance for objectionable content and abusive behaviour

MVPeak has no tolerance for objectionable content or abusive users. In addition to the restrictions above, you must not post, share or transmit through any MVPeak feature, including crews and proof photos:

• nudity, sexual content, or content that sexualises any person;
• graphic violence, self harm content, or content that promotes dangerous behaviour;
• hateful content or symbols, or content that harasses, bullies, threatens or demeans any person;
• spam, scams, advertising, or repeated unwanted content;
• content that impersonates another person or organisation, or a display name or crew name that is offensive or misleading;
• photos of any person other than yourself without their consent, or any content you do not have the right to share.

We may remove any content and suspend or terminate any account that breaches this section immediately and without notice, as described in Section 13. The Crew guidelines published in the App form part of these Terms.

9. Community and Group Features

MVPeak includes optional community features ("crews") that allow you to form or join invite-only groups with other users you have specifically invited, or who have invited you. Crew membership is not public or discoverable. A crew is visible only to members who have joined it with the owner's invite code.

Where you participate in a crew, other members may see: your display name, profile picture and current XP (experience points); activities you complete for the crew's challenge, including when, duration, distance where relevant, and points earned; your live heart rate while actively working out, where heart rate tracking is enabled on your device and you have turned heart rate sharing on; photos you submit as workout 'proof' within the crew; emoji reactions other members leave on your activities and proof photos (text comments are not supported within crews); and your votes on the next challenge. You acknowledge that participating in a crew means sharing this information, including sensitive health information such as your heart rate where you have enabled sharing, with the other members of that crew. You may remove your own photos, turn off heart rate sharing, or leave a crew at any time.

MVPeak provides tools within crews to report content or other members, and to block other members so that their activity, photos and reactions are hidden from you. Crew owners can remove members and remove photos. We aim to review reports and take appropriate action, which may include removing content, removing a member from a crew, or suspending a user's access, within 24 hours of a report being made. Crew and display names are checked automatically against a list of abusive terms, and proof photos are screened automatically before they are shared, but we do not manually pre-approve content and you access crew content at your own discretion. Except as described in this section or as required by law, we are not responsible for interactions between users or content shared within crews. For further detail on how information shared through crews is used, see our Privacy Policy, Section 6.

10. Third-Party Equipment and Facilities

MVPeak is not affiliated with, endorsed by, or responsible for any gym, facility, or equipment manufacturer whose equipment may be scanned or referenced within the App. Use of gym equipment is at your own risk and subject to the rules and supervision requirements of your facility.

11. Content You Submit

All content within MVPeak, including the App's software, design, branding, AI models, workout programs, nutrition content, and visual assets, and MVPeak's Intellectual Property Rights in them, is described in the Terms and Conditions, Section 9. This section governs the licence you give us over content you submit.

You are granted a limited, personal, non-transferable, non-sublicensable, and revocable licence to access and use the App for your own personal use. You may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute, or otherwise use the App or its content for non-personal, public, or commercial use without MVPeak's prior written consent, and you may not remove or modify any copyright, trademark, or other proprietary notice placed within the App. MVPeak reserves the right to monitor your use of the App and to alter or revoke your licence or access at any time and for any reason; your licence terminates upon expiry or termination of your account.

User-generated content you upload, including form-check videos, workout proof photos, and weight logs, remains your property. However, by submitting content to the App, you grant MVPeak a non-exclusive, royalty-free, transferable, sub-licensable, irrevocable, perpetual, worldwide licence to use (including commercial use), distribute, reproduce, display, and otherwise make available that content on and through the App, across different media, for any purpose, and you waive (and, to the extent you cannot waive, agree not to assert) any moral rights you may hold in it. You represent and warrant that you own and control all rights to any content you submit, that you have the lawful right to provide it to MVPeak, and that any other person who appears in a photo or video you submit has consented to it being shared in the way you are sharing it.

12. Service Availability, Updates and Changes to the App

Access to the App may be disrupted from time to time due to necessary maintenance, technical issues, or events outside MVPeak's control. MVPeak will use commercially reasonable efforts to limit downtime, but assumes no liability if the App or any part of it is unavailable at any time or for any period. You are responsible for maintaining antivirus protection, the accuracy of data you input, and any external backup of your own data. MVPeak has no liability for: technical problems, system failures, or security breaches; the hardware you use to access the App or storage of your data on that hardware; or any fees you incur connecting to the internet to use the App. You must notify MVPeak promptly if you become aware of any malfunction or connectivity problem affecting your access.

We may regularly make updates and changes to any element of the App, Services, or content, and have the right to add or withdraw content at any time, with or without notice. If a change is likely to negatively impact your access or use in more than a minor way, we will give at least 30 days' notice and the right to cancel your subscription before the change takes effect; if you cancel in these circumstances, we will, if required by law, refund amounts you have paid but not received (see the Terms and Conditions, Section 8). If you do not cancel and continue to use the App, this constitutes your acceptance of the change, unless prohibited by law.

13. Account Suspension and Termination

Without limiting other rights, MVPeak may suspend or cancel your account or access without prior notice if: you have engaged in fraudulent or unlawful activity; immediate termination is necessary to protect the safety or security of the App or other users; you breach the zero tolerance provisions in Section 8; or you breach any other clause of these Terms that is not capable of remedy, or is capable of remedy and is not remedied within 5 business days of our written request that you do so.

We reserve the right to terminate your account with reasonable prior written notice if your account has been inactive for 12 months or more, or where it is otherwise appropriate to do so. This section addresses termination for breach of conduct; suspension for non-payment is addressed separately in the Terms and Conditions, Section 5. These Terms continue to apply even after your account expires or is terminated, or after you stop using the App.

14. Recreational Services Waiver

This section and the warning below are provisions of Australian state law (Victoria) and apply to Australian users only. They do not apply to New Zealand users. For the New Zealand-equivalent position on personal injury, see Section 19.

To the extent permitted by law in your state or territory, you agree to waive any claim against MVPeak for death or personal injury arising from the provision of recreational services through the App.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

By signing up for and using our service, you agree that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted, or modified as set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services, including that the recreational services supplied to you will be rendered with due care and skill, will be reasonably fit for any purpose you make known to us, and might reasonably be expected to achieve any result you have made known to us. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.

NOTE: this change to your rights does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do it with reckless disregard, with or without consciousness, for the consequences. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

15. Disclaimer of Warranties

To the maximum extent permitted by law, the App is provided 'as is' without warranties of any kind, express or implied, including as to accuracy, reliability, fitness for a particular purpose, or uninterrupted availability. We do not warrant that AI-generated content will be error-free or appropriate for your individual circumstances.

16. Limitation of Liability

Nothing in this section limits any right you may have under the Australian Consumer Law (ACL), or, for New Zealand users, the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ), including any guarantee or protection that cannot lawfully be excluded, restricted, or modified. See Section 19 for further New Zealand-specific provisions.

Subject to the above, to the maximum extent permitted by law, MVPeak and its directors, employees, and contractors will not be liable for any direct, indirect, incidental, or consequential loss or damage howsoever arising from your use (authorised or unauthorised) of the App, including without limitation injury, illness, or death resulting from reliance on App content. By using the App, you acknowledge that you undertake all physical exercise and dietary changes entirely at your own risk.

MVPeak's aggregate liability in contract, tort, or otherwise (including for any negligent act or omission) arising out of, or in connection with, its obligations under these Terms and/or the Terms and Conditions, in respect of any one or more incidents or occurrences, is limited to the greater of: (a) the total fees received by MVPeak from you in connection with your use of the Platform in the twelve (12) month period prior to the date of the first incident giving rise to the claim; and (b) AUD 100.00.

This is a single, aggregate cap that applies across both these Terms of Service and the Terms and Conditions combined. It is not a separate cap under each document.

17. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless, immediately upon demand, MVPeak and its associated parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost, or expense (including reasonable attorneys' fees) arising out of, in relation to, or in connection with, directly or indirectly: (i) your use of, or conduct in connection with, the App; (ii) your breach of these Terms or the Terms and Conditions; (iii) content you submit; or (iv) your violation of any applicable law or the rights of any other person or entity. You will provide MVPeak and its associated parties with any assistance, at your own cost, reasonably requested in defending any such action or proceeding.

18. Third-Party Platform Terms: Apple

If you have downloaded or use the App via the Apple App Store, the following additional terms, required by Apple under its Minimum Terms of Developer's End-User Licence Agreement, apply and take precedence over any conflicting provision in these Terms solely as they relate to Apple:

• Acknowledgement. This Agreement is concluded between you and MVPeak only, and not with Apple Inc. ('Apple'). MVPeak, not Apple, is solely responsible for the App and its content. Nothing in these Terms provides for usage rules that conflict with the Apple Media Services Terms and Conditions in effect as at the date you accept these Terms.
• Scope of licence. The licence granted to you to use the App is limited to a non-transferable licence to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where applicable.
• Maintenance and support. MVPeak is solely responsible for any maintenance and support in respect of the App, as described in these Terms or required by law. Apple has no obligation to furnish any maintenance or support services.
• Warranty. MVPeak is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are MVPeak's responsibility alone.
• Product claims. MVPeak, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of it, including product liability claims, any claim that the App fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation. Nothing in these Terms limits MVPeak's liability to you beyond what is permitted by applicable law.
• Intellectual property. In the event of any third-party claim that the App, or your possession and use of it, infringes that party's intellectual property rights, MVPeak, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
• Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as 'terrorist supporting', and that you are not on any U.S. Government list of prohibited or restricted parties.
• Questions, complaints, or claims regarding the App should be directed to MVPeak at legal@mvpeak.app and not to Apple.
• Third-party terms of agreement. When using the App, you must comply with any applicable third-party terms of agreement that apply to your device or network use.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Where you access the App via Google Play, the Google Play Terms of Service apply in addition to these Terms in respect of your use of that distribution platform.

19. New Zealand Users: Platform-Use Provisions

If you access or use MVPeak from New Zealand, the following provisions apply in addition to, and where inconsistent take precedence over, the corresponding Australia-specific provisions elsewhere in these Terms. Commercial provisions for New Zealand users (the Consumer Guarantees Act 1993 (NZ) and pricing/currency) are set out in the Terms and Conditions, Section 13.

Fair Trading Act 1986 (NZ)

Nothing in these Terms limits any right you have under the Fair Trading Act 1986 (NZ), including protections against misleading or deceptive conduct, false representations, and unfair contract terms. If a court or the Commerce Commission determines that a clause of these Terms is an unfair contract term under that Act, that clause will not apply to you, and the remainder of these Terms will continue to apply to the fullest extent possible.

Accident Compensation Act 2001 (NZ)

Personal injury suffered by New Zealand users while using MVPeak, including injury arising from exercise, technique guidance, or equipment scanning features, may be covered by New Zealand's accident compensation scheme under the Accident Compensation Act 2001 (NZ) ('ACC'), which in most circumstances provides no-fault cover for personal injury and limits your ability to bring a civil claim for damages in respect of that injury. Nothing in these Terms is intended to exclude, limit, or otherwise affect any entitlement you may have under the ACC scheme. Section 14 (Recreational Services Waiver) and the 'Warning Under the Australian Consumer Law and Fair Trading Act 2012' are Australian state-law provisions and do not apply to you.

Minors

Where a user aged 16 to 17 is located in New Zealand, the parental or guardian consent requirements in Section 3 apply. Parents and guardians should be aware that, under the Minors' Contracts Act 1969 (NZ), contracts entered into by a minor may in some circumstances be cancelled by the minor. MVPeak's practice of requiring verifiable parental or guardian consent for users aged 16 to 17 is intended to reduce, but does not eliminate, this risk.

Dispute resolution

In addition to contacting us at legal@mvpeak.app, New Zealand users may be entitled to refer eligible disputes (generally, claims up to the applicable monetary threshold) to the New Zealand Disputes Tribunal, or to make a complaint to the Commerce Commission regarding conduct that may breach the Fair Trading Act 1986 (NZ).

Interaction with governing law

Section 22 (Governing Law) below continues to apply to these Terms. This clause does not affect any mandatory protection available to you as a New Zealand consumer under New Zealand law that cannot lawfully be excluded by an agreement to a foreign governing law or exclusive jurisdiction clause.

20. Privacy

Your use of the App is subject to our Privacy Policy, available at mvpeak.app/privacy. By using the App, you consent to the collection, storage, and use of your data as described there. The App accesses your device camera solely for equipment scanning and technique analysis, as described. Where you choose to connect Apple Health or Health Connect, the App reads activity and heart rate data and writes the workouts you complete, solely for the purposes described in the Privacy Policy, Section 3.1. Where enabled, the App may also access heart rate or other biometric data from a connected device or wearable during workouts, solely for the purposes described in the Privacy Policy, including display to members of any crew you choose to join where you have turned sharing on, as described in Section 9.

21. Changes to These Terms

We may update these Terms at any time. We will notify you of material changes via in-app notification or email. Continued use of the App after the effective date of changes constitutes acceptance of the revised Terms.

22. Governing Law and Disputes

These Terms are governed by the laws of Victoria, Australia. Any disputes are subject to the exclusive jurisdiction of the courts of Victoria, without prejudice to mandatory consumer protections applicable in other states and territories, and, for New Zealand users, without prejudice to the New Zealand protections described in Section 19.

23. Force Majeure

A 'Force Majeure Event' means any event beyond MVPeak's reasonable control, including flood, extraordinary weather, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications or power failure, or equipment or software malfunction. If a Force Majeure Event affects MVPeak's ability to perform its obligations under these Terms, MVPeak will contact you as soon as reasonably possible, and MVPeak's obligations will be suspended and the time for performance extended for the duration of the event.

24. Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision will be severed from the remaining provisions, which will continue in full force and effect.

25. Waiver

No waiver of any provision of these Terms is valid unless in writing and signed by the parties. A failure to enforce any right or remedy does not operate as a waiver of the right to enforce it in future.

26. Relationship of the Parties

Nothing in these Terms creates, or is deemed to create, any partnership, joint venture, agency, consultancy, or trusteeship, or gives rise to any fiduciary or equitable duties owed by MVPeak to you.

27. Contact

For questions about these Terms, contact us at: legal@mvpeak.app