1. Acceptance of Terms

MVPeak (the 'App') is provided by MVPeak (ABN 92 424 605 570), a partnership ('we', 'us', 'our', 'the Business') for general health and fitness purposes only. These Terms and Conditions (“Terms”) outline how you are able to use our App and other resources found on this App. By downloading, installing, or using MVPeak ('App'), you agree to be bound by these Terms and all applicable Australian laws. If you do not agree, do not use the App. 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 availability.

2. Medical Advice

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.

MVPeak provides artificial intelligence-generated fitness and health guidance for informational purposes only. It does not constitute medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional or licensed physician before making medical decisions, changing your diet, or beginning any fitness program. Never disregard professional medical advice or delay seeking it because of information provided by this application.

3. Live Scanning Features — Important Notice

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. It 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. It 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.

4. AI-Generated Recommendations

MVPeak uses artificial intelligence to personalise workout programs and nutrition guidance. 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.
• We are not responsible for any injury, loss, or adverse outcome resulting from your use of AI-generated content.

5. User Responsibility & Physical Risk

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 Services or any AI Feature. Contact emergency services or an appropriate urgent-care provider immediately.

Health advice is often updated and refined over time as medical knowledge and research develop. While we aim to keep the Services current, we do not guarantee that any information made available through the Services is the most recent, complete or appropriate information for your circumstances.

If you experience discomfort, pain, distress or any unexpected side effect during any activity, you should stop the activity and seek appropriate assistance.

6. Limitation of Liability

Nothing in this disclaimer limits any rights you may have under the Australian Consumer Law (ACL), including consumer guarantees that cannot be excluded by law.

Nothing in this disclaimer limits any rights you may have under 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 25 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 and or from your use (authorised or unauthorised) of the App, including without limitation injury, illness, or death resulting from reliance on App content. By using this application, you acknowledge that you undertake all physical exercises and dietary changes entirely at your own risk;

And,

MVPeak’s aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of, or in connection with, the performance of its obligations under these Terms of Use in respect of any one or more incidents or occurrences shall be limited to the greater of (a) the total amount of 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 or series of connected incidents giving rise to a claim made by you under these Terms of Use, and (b) AUD 100.00.

7. Third-Party Equipment & 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.

8. Community & User-Generated Content

MVPeak may include community features. We do not screen or approve content posted by other users. You access community content at your own discretion and we are not responsible for interactions or content outside our control.

9. 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 the Terms of Use and have not been previously suspended or removed from using the App. Users aged 16–17 must have obtained prior consent from a parent or legal guardian, who accepts these Terms on their behalf and takes responsibility for the minor’s use of the App.
• Users aged 16–17 must have written or verifiable parental or guardian consent prior to creating an account. By registering on behalf of a 16–17 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.

10. Account Use & Registration

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 that results from any unauthorised use of your Account due to your failure to secure your login credentials.

You should not share your login credentials or allow any 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 that you may create or maintain, specify additional conditions for opening or maintaining Accounts and/or decline to create an Account for you.

11. Suspension and termination

Without limiting other rights, MVPeak may suspend or cancel your Services or terminate this Agreement or your account or access to your account without prior notice if:

• you have engaged in fraudulent or unlawful activity;
• immediate termination is necessary to protect the safety or security of the website, App or other users; or
• you breach any other clause of this Agreement (or these Terms and Conditions) which is not capable of remedy, or which 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 prior written reasonable notice:

• if your account has been inactive for a period of 12 months or more; or
• where it is otherwise appropriate to do so.

You acknowledge and agree that these Terms & Conditions of Use continue to apply even after your Account expires or is terminated, or where you have stopped using the App.

12. Services availability & Security

You acknowledge access to the App may be disrupted from time to time due to necessary maintenance, technical issues or events outside of MVPeak's control. MVPeak will use commercially reasonable efforts to limit as much as is reasonably possible, downtime of the App, but assumes no liability if the App or any part thereof is unavailable at any time or for any period.

You are responsible for maintaining antivirus protection and accuracy of data input and output, and for any external data backup of your information and or data.

You agree that MVPeak shall not have any liability for:

• (a) any technical problems, system failures or security breaches;
• (b) the hardware that you use to access the App and or proper storage of any of your data associated with the App that is stored on your own hardware; or
• (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the App.

You must immediately notify MVPeak when you become aware of any part of the App malfunctioning or other connectivity problem that adversely affects your access to or use of the App.

You may be required to download and install updates to the App to maintain access to the App and its services. A User's failure to do so might lead to certain services offered on the App becoming temporarily inaccessible to the User until such update has been downloaded and installed.

13. Updates and Changes to the Service

We may regularly make updates and changes to any element of the App or Services or the Content. In particular, the availability of Content may change from time to time (for various reasons). We therefore have the right to add or withdraw Content at any time, with or without notice. You acknowledge and agree that Content are variable and will change from time to time without notice. There may also be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the App or Services.

If changes to any element of the App or Services are likely to negatively impact your access or use in more than a minor way, we will give you at least 30 days' notice and the right to cancel. If you do not cancel your Subscription after we have notified you about any changes and before these changes take place, and you continue to use the App or Service, unless prohibited by law, you agree that this constitutes your acceptance of the changes. If this type of change is going to come into effect during your subscription period, you will still be able to cancel your Subscription before the change comes into effect. If you choose to cancel your Subscription in these circumstances, we will, if required by applicable law, provide you with a refund for amounts you have paid but not received.

14. Trial Model — Subscription Tiers

MVPeak operates on a trial-based subscription model:

• Trial: New users receive a free trial period (7 days from and including the day of sign-up) with full access to the platform before converting to a paid subscription. No charge is applied during the trial period.
• Paid Subscription Tiers: Following the trial, users select one of three paid tiers — Starter Base Camp, Pro Peak, or Elite Summit — each providing full access to AI personalisation, live technique analysis, equipment scanning, full nutrition guidance, and advanced program generation, with features and pricing varying by tier.

Subscription terms including pricing, billing cycle, auto-renewal, and cancellation rights will be presented clearly before purchase. You may cancel at any time; cancellation takes effect at the end of the current billing period. Refunds are subject to App Store policies and Australian Consumer Law guarantees.

For New Zealand users, refunds are additionally subject to the Consumer Guarantees Act 1993 (NZ) — see Section 25.1.

Free Trial Period

MVPeak offers a 7-day free trial (as selected by the user at sign-up) to new subscribers only. A new subscriber is defined as any individual who has not previously held an MVPeak account or subscription. The trial begins on the date you create an account and activate a subscription plan.

• No charge is applied during the trial period.
• You must provide valid payment details at the time of sign-up to activate the trial. Payment is not processed until the trial period ends.
• Only one free trial is permitted per person, per device, and per payment method. MVPeak reserves the right to deny a trial where abuse or duplication is suspected.
• If you cancel before the trial ends, no charge is applied and the account is closed at the end of the trial period.

Membership

• Following the free trial, your membership automatically converts to a paid subscription at the plan selected at sign-up.
• Memberships are offered on a monthly or annual basis.
• Monthly plans are billed on the same calendar date each month (e.g. if a trial ends on the 15th, billing occurs on the 15th of each subsequent month).
• Annual plans are billed once per year on the anniversary of the subscription start date.
• You have access to all features included in your selected tier (Starter Base Camp, Pro Peak, or Elite Summit) for the duration of their active, paid membership.

15. Pricing, Payments, Refunds & Cancellation

Pricing changes

• MVPeak reserves the right to change subscription pricing, promotional offers, trial durations, and plan features at any time.
• For existing subscribers: Price changes will take effect no earlier than 30 days after written notice is provided to you via the email address registered to your account.
• For new subscribers: New pricing or trial conditions take effect immediately upon publication on the MVPeak website and in-app.
• MVPeak may at its discretion offer limited-time promotions (e.g. founding member pricing, seasonal discounts). These promotions are subject to their own stated terms and expiry dates and do not constitute a permanent entitlement.
• Founding member pricing (where offered) is locked for the duration of the subscriber's continuous membership. If the subscriber cancels and re-subscribes, the founding rate is forfeited and standard pricing applies.
• MVPeak reserves the right to discontinue, modify, or withdraw any promotion or trial offer at any time without notice, except where a promotion has already been activated by a user.
• Promotional pricing applies only to subscribers who activate their account during the stated promotional window. Existing subscribers outside that window, and new subscribers after the promotion closes, are not eligible.
• If you do not accept a notified price change, you may cancel your subscription at any time before the new pricing takes effect without penalty.
• Cancellation in this circumstance will take effect at the end of the current billing period. You retain access to your membership until that date.
• If you do not cancel prior to the new price taking effect, continued use of the app after the effective date constitutes acceptance of the updated pricing.
• MVPeak will make reasonable efforts to remind you of an upcoming price change via a second notification within the 30-day notice window.
• No refunds are issued for any portion of a billing period already paid at the prior rate.
• MVPeak will clearly state in any promotional communication whether an offer is available to new customers only, existing customers only, or both.

Customer Termination

• You may terminate your membership at any time via:
• The in-app account settings (Cancel Subscription option)
• Emailing Legal@mvpeak.app with their registered account email and a cancellation request
• Via the App Store or Google Play subscription management settings (where the subscription was initiated through those platforms)
• Termination requests must be submitted before the next billing date to avoid being charged for the following period.
• Upon termination, you retain access to your account until the end of the current paid billing period. No partial-period refunds are provided.
• MVPeak will send a written confirmation of cancellation to your registered email address within 2 business days.

Payment Methods

MVPeak accepts payment via the following methods:

• Apple Pay (iOS App Store — billed through Apple)
• Google Pay (Android Google Play — billed through Google)
• Credit card and debit card (Visa, Mastercard, American Express) — processed via Stripe where payment is managed directly through MVPeak outside of the App Store platforms
• Where subscriptions are initiated through the Apple App Store or Google Play Store (Third Party), billing is managed by such Third Party respectively, and their payment terms and refund policies apply in addition to MVPeak's terms. In the event of any inconsistency between this Agreement and the Third Party terms and conditions, the Third Party terms and conditions shall take precedence over this Agreement.
• Where subscriptions are initiated directly through the MVPeak website or web app, billing is managed by Stripe. MVPeak does not store card details — all payment data is handled by Stripe in accordance with PCI-DSS standards.
• All prices are displayed and charged in Australian Dollars (AUD) unless otherwise stated.
• International cards are accepted subject to the subscriber's bank approving the transaction.
• Where you pay using a New Zealand-issued card or account, your card issuer or bank may apply a currency conversion fee or foreign transaction fee for AUD-denominated charges, unless and until MVPeak introduces localised NZD pricing. This is outside MVPeak's control — see Section 25.5.

Failed Payments

Failed payment during trial:

• If a payment method is invalid or declined at the time of trial activation, the free trial will not commence. You will be prompted to provide a valid payment method.

Failed payment at end of trial (converting to paid):

• If the scheduled charge at the end of the trial period fails, MVPeak will:
• Attempt to re-process the payment up to 3 times over a 7-day grace period
• Notify you by email after each failed attempt, prompting you to update your payment details
• During the grace period, your access remains active
• If payment is not successfully collected within the 7-day grace period, the account will be suspended (see Section 9)

Failed payment during an active paid membership:

• If the scheduled charge during your active paid membership fails, MVPeak will:
• Attempt to re-process the payment up to 3 times over a 7-day grace period
• Notify you by email after each failed attempt, prompting you to update your payment details
• During the grace period, your access remains active
• If payment is not successfully collected within the 7-day grace period, the account will be suspended (see Section 9) Access to premium features is restricted during suspension.
• MVPeak does not charge an additional fee for a failed payment attempt.
• No late payment fees or administrative charges are applied.
• However, your bank or card provider may apply fees or charges for declined transactions — this is outside MVPeak's control.
• Where a subscription is managed through the Apple App Store or Google Play, any fees associated with failed payments are governed by Apple's or Google's respective terms.
• If your account is suspended due to non-payment and you subsequently update your payment method and reactivate your account, any outstanding balance for the lapsed period will be charged at the point of reactivation.

Suspension

Involuntary Suspension (non-payment):

• An account is suspended if payment cannot be collected after the 7-day grace period described above.
• During suspension: you cannot access any features. Your account data, program history, and progress records are retained for a period of 90 days.
• You will be notified by email of the suspension and given instructions to reactivate.

Voluntary Pause:

• MVPeak does not currently offer a self-service pause or freeze feature.
• If you need to pause your membership you are advised to cancel and re-subscribe when ready. Re-subscribing will be subject to the then-current pricing (founding member pricing is forfeited upon cancellation).
• MVPeak may at its discretion offer a courtesy pause in exceptional circumstances (e.g. medical) on a case by case basis upon written request to Legal@mvpeak.app. This is not a guaranteed entitlement.

Suspension by MVPeak:

• MVPeak reserves the right to suspend or terminate an account for breach of the Terms of Service, including but not limited to misuse, fraudulent activity, or providing false information.

Re-Activating an Account

• A suspended account (due to non-payment) can be reactivated at any time by:
• Updating the payment method in the in-app account settings, or
• Contacting MVPeak at Legal@mvpeak.app
• Upon successful payment of the outstanding amount, the account is restored immediately.
• Account data and history are retained for 90 days from the date of suspension. After 90 days, data may be permanently deleted in accordance with MVPeak's Privacy Policy.
• A cancelled account (voluntary cancellation) can be reactivated by signing up for a new subscription. This is treated as a new subscription and founding member pricing or prior promotional rates do not apply.
• If your account was terminated by MVPeak for breach of Terms, reactivation is at MVPeak's sole discretion.

Auto-Renewal of Membership and Charges After Trial

• All MVPeak subscriptions auto-renew by default at the end of each billing period (monthly or annual) until cancelled.
• At the end of the free trial period, the subscription automatically converts to a paid plan and the first payment is charged to the payment method provided at sign-up — no further action is required by you.
• You will be notified of the upcoming charge:
• Via email 3 days before the end of the free trial
• Via email 3 days before each annual renewal
• Monthly renewals: no advance notice email will be sent.
• Where subscriptions are managed through the Apple App Store, Apple sends its own renewal notifications per their standard policy.
• You must cancel before the renewal date to avoid being charged for the next period.
• MVPeak does not pro-rate or refund charges for cancellations made after a renewal has already been processed.

Refunds

• Subscription fees will not be refunded, except where required by Australian Consumer Law.
• Australian Consumer Law (ACL): You may be entitled to a remedy (including a refund) where MVPeak fails to provide services with acceptable care and skill, or the service is not fit for the purpose for which it was supplied. These rights cannot be excluded.
• Consumer Guarantees Act 1993 (NZ): New Zealand users acquiring MVPeak for personal, domestic, or household use may be entitled to a remedy (including a refund, repair, or re-supply) where MVPeak fails to provide the service with reasonable care and skill, or the service is not fit for a disclosed purpose or of acceptable quality. These rights cannot be excluded — see Section 25.1.
• Accidental charges: If you are charged in error (e.g. due to a technical fault), MVPeak will investigate and issue a refund where the error is confirmed, within 10 business days.
• Change of mind: Refunds are not issued for change of mind cancellations where the service has been accessed and used.
• App Store/Google Play subscriptions: Where payment is managed by Apple or Google, refund requests must be directed to Apple or Google respectively. MVPeak has no ability to issue refunds for App Store or Play Store transactions.
• Refund requests can be submitted to Legal@mvpeak.app and will be responded to within 5 business days.

Cancellation

How to cancel:

• Via in-app account settings → Manage Subscription → Cancel
• Via Apple App Store subscriptions settings (if subscribed through iOS)
• Via Google Play Store subscription settings (if subscribed through Android)
• By emailing Legal@mvpeak.app

Impact of cancellation:

• The subscription ends at the conclusion of the current paid billing period. You retain full access until that date.
• No further charges are made after cancellation is confirmed.
• Data retention: Personal data and account history are retained for 90 days post-cancellation, after which it may be permanently deleted per the Privacy Policy. You may request earlier deletion in writing.
• Workout history, transformation photos, and progress data are not downloadable or exportable in the current version of the app.
• Cancellation of the app subscription does not automatically delete your account. Account deletion must be separately requested via Legal@mvpeak.app or in-app (where available).

If you subscribed through the App Store or Google Play, cancellation must be performed through that platform — cancelling within the MVPeak app alone will not cancel the App Store/Play Store billing

16. Permitted Use

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.

17. Live Scanning Features — User Obligations

In using the equipment scanning and live technique analysis features, you agree that:

• You will only scan equipment in facilities where you have permission to be present.
• You accept that the scanning features rely on computer vision technology subject to accuracy limitations.
• You will not solely rely on App technique cues where qualified coaching supervision is appropriate or required.
• You acknowledge that equipment scanning does not constitute a safety certification or endorsement of any equipment.

18. Intellectual Property

All content within MVPeak including without limitation software, design, branding, AI models, workout programs, nutrition content, and visual assets and all of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights") is the exclusive property of MVPeak and is protected by Australian copyright law and international intellectual property conventions.

User's licence to use App

You are not granted any right to use, and may not use, any of MVPEAK's Intellectual Property Rights other than as set out in these Terms & conditions of Use and subject to the following conditions:

• a) you are granted a limited, personal, non-transferable, non-sublicensable and revocable licence to access and use the App (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the App (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from MVPEAK;
• b) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the App; and
• c) you may not use any data mining, robots or similar data-gathering or extraction methods.

MVPEAK reserves the right to monitor your use of the App and to alter or revoke your licence or your access to the App at any time and for any reason. Your licence shall terminate upon the expiry or termination of your User Account.

You may not engage in any activity on or through the App, including transmitting or using User-generated Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.

User-generated content you upload 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 and right to use (including commercial use), distribute, reproduce, display and otherwise make available such User-generated content on and through the App (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such User-generated content.

In addition, you represent and warrant that you own and control all of the rights to the User-generated content, and have the lawful right to post or otherwise provide such User-generated content on and through the App and otherwise provide MVPEAK with such User-generated content.

19. Privacy

Your use of the App is subject to our Privacy Policy, available at https://mvpeak.app/privacy. By using the App you consent to the collection, storage, and use of your data as described in the Privacy Policy. The App will access your device camera solely for the purposes of equipment scanning and technique analysis, as described.

20. Health & Safety Acknowledgement

By using MVPeak you acknowledge that:

• You are physically able to undertake exercise or have sought appropriate medical clearance.
• You have read and understood the App Disclaimer (Part A of this document).
• Physical exercise and following the App's programs carries inherent risks which you voluntarily accept.
• You will cease use of any program or feature immediately if you experience pain, injury, or adverse health effects and seek medical attention if required.

21. Recreational Services Waiver

This Section 21 and the “Warning Under the Australian Consumer Law and Fair Trading Act 2012” 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 (the Accident Compensation Act 2001 (NZ) no-fault scheme), see Section 25.3.

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 will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way 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. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are rendered with due care and skill; and are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and might reasonably be expected to achieve any result you have made known to the supplier.

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: The change to your rights, as set out in this form, 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 an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. 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.

22. 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 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.

23. Indemnification

To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand MVPEAK and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way 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 & Conditions of Use;
• iii) the User-generated content you provide; or
• iv) your violation of any Applicable Laws or the rights of any other person or entity.

You will provide MVPEAK and the Associated Parties with any assistance (at your cost and expense) that MVPEAK and the Associated Parties reasonably requests in defending any such action or proceeding.

24. 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 set out 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 providing any maintenance and support services in respect of the App, as described in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
• Warranty. MVPeak is solely responsible for any product warranties, whether express or implied by law, to the extent these are 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 any failure to conform to any warranty will be MVPeak’s responsibility alone.
• Product claims. MVPeak, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) 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 the App, infringes that third 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 that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer name and address. Questions, complaints, or claims regarding the App should be directed to MVPeak at legal@mvpeak.app | 0434 930 389 | 18 Margaret Street, Moorabbin, Melbourne VIC 3189, 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 (for example, your mobile network or wireless data service agreement).
• Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, 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 of these Terms.

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.

25. New Zealand Users — Additional Terms

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.

25.1 Consumer Guarantees Act 1993 (NZ)

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Consumer Guarantees Act 1993 (NZ) (“CGA”) that cannot lawfully be excluded. Where MVPeak is acquired by you for personal, domestic, or household use, the guarantees under the CGA — including that services will be carried out with reasonable care and skill, will be fit for any particular purpose made known to us, and will be completed within a reasonable time — apply, and MVPeak cannot contract out of them.

25.2 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.

25.3 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 21 (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.

25.4 Minors

Where a user aged 16–17 is located in New Zealand, the parental or guardian consent requirements in Section 9 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 16–17 is intended to reduce, but does not eliminate, this risk.

25.5 Pricing and currency

Unless and until MVPeak introduces New Zealand Dollar (NZD) pricing, all fees are charged in Australian Dollars (AUD) as described in Section 15. Your card issuer or bank may apply a currency conversion or foreign transaction fee to AUD-denominated charges; this is outside MVPeak's control.

25.6 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).

25.7 Interaction with governing law

Section 26 (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.

26. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be 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 25.

27. Amendments

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.

28. Force Majeure Event

A "Force Majeure Event" means any event beyond MVPEAK's reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

If a Force Majeure Event occurs that affects MVPEAK's ability to perform its obligations under these Terms & Conditions of Use, MVPEAK will contact you as soon as reasonably possible to notify you and MVPEAK's obligations under these Terms & Conditions of Use will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.

29. Validity

If any provision of these Terms & Conditions of Use is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

30. Waiver

No waiver of any provision in these Terms & Conditions of Use shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy under these Terms & Conditions of Use shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

31. Relationship of the parties

Nothing in the Terms & Conditions of Use is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or shall give rise to any fiduciary or equitable duties owed by MVPEAK to you.

32. Contact

For questions about these Terms, contact us at: legal@mvpeak.app | 0434 930 389 | 18 Margaret Street, Moorabbin, Melbourne VIC 3189.