These Terms and Conditions ("Terms") govern the commercial relationship between you and MVPeak (ABN 92 424 605 570), a partnership based in Moorabbin, Melbourne, Victoria ('we', 'us', 'our', 'the Business'): your subscription, billing, pricing, refunds, cancellation, and MVPeak's intellectual property. By subscribing to or paying for MVPeak, you agree to be bound by these Terms.

1. Introduction and Acceptance

MVPeak (the 'App') is provided by MVPeak (ABN 92 424 605 570) for general health and fitness purposes only. By subscribing to a paid tier of MVPeak, or by using the free trial, you agree to be bound by these Terms and all applicable Australian laws. If you do not agree, do not subscribe.

2. Relationship Between These Terms and the Terms of Service

Your use of the MVPeak App, including account creation, acceptable use, health and AI disclaimers, and platform conduct, is governed by our separate Terms of Service, available at mvpeak.app/terms. These Terms and Conditions govern the commercial relationship only: your subscription, billing, and related rights. 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 11 below applies in aggregate across both documents (see Section 11).

3. Subscription Tiers and Free Trial

MVPeak operates on a trial-based subscription model:

• Trial: every new account receives a free trial period with full access to the platform. No charge is applied during the trial period.
• Paid tiers: after the trial, users can subscribe to one of three paid tiers, Starter Base Camp, Pro Peak, or Elite Summit, each providing access to AI personalisation, live technique analysis, equipment scanning, nutrition guidance, and program generation, with features, usage limits and pricing varying by tier.

Free Trial

Every new MVPeak account includes a 7 day free trial with full access to the App. No payment details are required to start the trial. When the trial ends, access to paid features requires a subscription. Subscriptions purchased through the Apple App Store or Google Play may include an introductory offer, the terms of which are shown at the point of purchase and governed by Apple's or Google's terms. A new subscriber is any individual who has not previously held an MVPeak account or subscription. Only one free trial is permitted per person, and MVPeak reserves the right to deny a trial where abuse or duplication is suspected.

Membership

• Memberships are offered on a monthly or annual basis and begin when you subscribe.
• Monthly plans are billed on the same calendar date each 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 for the duration of your active, paid membership.

4. Billing, Auto-Renewal and Payment Methods

• All MVPeak subscriptions auto-renew by default at the end of each billing period (monthly or annual) until cancelled.
• Where a subscription begins with an introductory offer, the first full-price charge is made when the offer period ends unless you cancel before then. The price, offer period and renewal terms are shown before you confirm the purchase.
• Where your subscription is billed by MVPeak through Stripe, you will be notified of the upcoming charge via email 3 days before each annual renewal. Monthly renewals: no advance notice email is sent.
• Where subscriptions are managed through the Apple App Store or Google Play, Apple or Google send their own renewal notifications per their standard policies.
• 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.

Payment Methods

• Apple In-App Purchase (iOS App Store, billed by Apple).
• Google Play Billing (Android, billed by Google).
• Credit 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, billing is managed by that platform and its payment terms and refund policies apply in addition to these Terms. In the event of any inconsistency between these Terms and the App Store or Google Play terms, the App Store or Google Play terms take precedence solely as to billing.
• 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.
• Prices billed by MVPeak are displayed and charged in Australian Dollars (AUD) unless otherwise stated. Prices billed by Apple or Google are shown in your local storefront currency. International cards are accepted subject to the subscriber's bank approving the transaction.

5. Failed Payments and Suspension for Non-Payment

If a scheduled charge billed by MVPeak fails, MVPeak will attempt to re-process the payment up to 3 times over a 7-day grace period, and notify you by email after each failed attempt. Your access remains active during the grace period. Where your subscription is billed by Apple or Google, their own grace period and retry rules apply.

If payment is not successfully collected within the grace period, your account will be suspended for non-payment (a commercial suspension, distinct from suspension for breach of conduct, which is addressed in the Terms of Service). During suspension: you cannot access paid features, but your account data, program history, and progress records are retained for 90 days.

• MVPeak does not charge an additional fee for a failed payment attempt, and applies no late payment or administrative charges. Your bank or card provider may separately apply its own fees for declined transactions. This is outside MVPeak's control.
• Where a subscription is managed through the Apple App Store or Google Play, fees associated with failed payments are governed by Apple's or Google's respective terms.
• A suspended account can be reactivated at any time by updating your payment method in-app or by contacting legal@mvpeak.app. Upon successful payment of the outstanding amount, your account is restored immediately, and any outstanding balance for the lapsed period is charged at the point of reactivation.

6. 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 take effect no earlier than 30 days after written notice is provided to the email address registered to your account. MVPeak will make reasonable efforts to send a second reminder within that 30-day window.
• For new subscribers: new pricing or trial conditions take effect immediately upon publication on the MVPeak website and in-app.
• If you do not accept a notified price change, you may cancel at any time before the new pricing takes effect without penalty; cancellation takes effect at the end of the current billing period and you retain access until that date. If you do not cancel before the new price takes effect, continued use of the App after the effective date constitutes acceptance of the updated pricing. No refunds are issued for any portion of a billing period already paid at the prior rate.
• MVPeak may at its discretion offer limited-time promotions (e.g. founding member pricing, seasonal discounts), subject to their own stated terms and expiry dates, and does not guarantee any promotion as a permanent entitlement. Founding member pricing, where offered, is locked for the duration of continuous membership; if a subscriber cancels and re-subscribes, founding pricing is forfeited and standard pricing applies. MVPeak will clearly state whether an offer is available to new customers only, existing customers only, or both.

7. Cancellation and Reactivation

How to cancel

• Via in-app account settings, Membership, Manage subscription.
• Via Apple App Store subscription settings (if subscribed through iOS).
• Via Google Play Store subscription settings (if subscribed through Android).
• By emailing legal@mvpeak.app.

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 App Store or Play Store billing.

Effect of cancellation

• Your subscription ends at the conclusion of the current paid billing period; you retain full access until that date, and no further charges are made after cancellation is confirmed. No partial-period refunds are provided.
• MVPeak will send written confirmation of cancellation to your registered email address within 2 business days.
• Cancelling your subscription does not automatically delete your account. You can delete your account at any time in the app (Profile, Account & legal, Delete account) or by emailing legal@mvpeak.app. Deleting your account does not cancel a subscription billed by Apple or Google; cancel it through that platform first.
• Personal data and account history are retained for 90 days post-cancellation, after which they may be permanently deleted per the Privacy Policy. You may request earlier deletion in writing. Workout history, transformation photos, and progress data are not currently downloadable or exportable.

Reactivation

• A voluntarily cancelled account can be reactivated by signing up for a new subscription. This is treated as a new subscription. Founding member pricing or prior promotional rates do not carry over.
• 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, subject to then-current pricing. 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.
• If your account was terminated by MVPeak for breach of the Terms of Service, reactivation is at MVPeak's sole discretion (see the Terms of Service, Account Suspension and Termination).

8. Refunds

• Subscription fees are not refunded except where required by Australian Consumer Law or, for New Zealand users, the Consumer Guarantees Act 1993 (NZ) (see Section 13).
• 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.
• 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.

9. Intellectual Property

All content within MVPeak, including without limitation software, design, branding, AI models, workout programs, nutrition content, and visual assets, and all patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, and rights in undisclosed or confidential information (collectively, "Intellectual Property Rights"), is the exclusive property of MVPeak and is protected by Australian copyright law and international intellectual property conventions.

Your licence to access and use the App for personal, non-commercial purposes, and the licence you grant MVPeak over content you submit, are set out in the Terms of Service (see Content You Submit).

10. Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law (ACL) that cannot be excluded by law, including guarantees that services will be rendered with due care and skill and be reasonably fit for any disclosed purpose.

11. Limitation of Liability

Nothing in these Terms 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.

Subject to the above, 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 of Service, 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 and Conditions and the Terms of Service combined. It is not a separate cap under each document. A claim arising from your platform use (governed by the Terms of Service) and a claim arising from your subscription (governed by these Terms) draw on the same limit, not two independent limits.

12. Disclaimer of Warranties

To the maximum extent permitted by law, the App and the subscription service are provided 'as is' without warranties of any kind, express or implied, including as to accuracy, reliability, fitness for a particular purpose, or uninterrupted availability.

13. New Zealand Users: Commercial 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. Platform-use provisions for New Zealand users (including the Accident Compensation Act 2001 (NZ) and the Fair Trading Act 1986 (NZ) as to conduct) are set out in the Terms of Service, Section 19.

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 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.

Pricing and currency

Unless and until MVPeak introduces New Zealand Dollar (NZD) pricing, all fees billed by MVPeak are charged in Australian Dollars (AUD) as described in Section 4. Your card issuer or bank may apply a currency conversion or foreign transaction fee to AUD-denominated charges; this is outside MVPeak's control. Fees billed by Apple or Google are shown in your local storefront currency.

14. Third-Party Payment Platforms

Where you access MVPeak via the Apple App Store or Google Play, and pay through that platform, that platform's payment and refund terms govern billing in addition to these Terms, and take precedence over these Terms solely as to billing matters, as described in Section 4. The Terms of Service (Section 18) sets out the additional platform terms required by Apple and Google as to your use of the App more generally.

15. 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 at least 30 days before they take effect where they are likely to negatively affect your access or use in more than a minor way, and you will retain the right to cancel before the change takes effect. Continued use of the App after the effective date of a change constitutes acceptance of the revised Terms.

16. 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 13 and in the Terms of Service.

17. 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.

18. 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.

19. 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.

20. 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.

21. Contact

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