Terms of Service

Last updated: 27 May 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between the gym, studio, or training facility ("Gym", "you") subscribing to the Pact platform and Pact Fitness (ABN 21 104 678 352) ("Pact", "we", "us"). By accessing or using the Pact platform, you agree to be bound by these Terms.

Pact provides a software-as-a-service platform that enables gyms to manage daily programming, track member engagement, collect feedback, and surface coaching insights (the "Service").

2. Definitions

"Gym" - The business entity, sole trader, or organisation that subscribes to Pact and manages programming and member access. "Gym Owner" - The individual who registers the Gym on Pact and holds administrative access. "Coach" - Any individual granted coach-level access within a Gym's Pact account. "Member" - Any individual who creates an account on Pact and is associated with a Gym. "Member Data" - All data generated by or about Members through use of the Service, including workout results, feedback, goals, personal bests, and activity patterns. "Platform Data" - Aggregated, de-identified, and anonymised data derived from use of the Service that cannot reasonably be used to identify any individual.

3. Account Registration and Access

To use Pact, the Gym Owner must register the Gym and provide accurate, current, and complete information. You are responsible for maintaining the security of your account credentials and for all activity under your account.

The Gym Owner is responsible for managing Coach and Member access within their Gym account, including granting and revoking permissions.

Members create their own accounts and associate with a Gym. Members may transfer between Gyms, and their personal training data (workout results, personal bests, and goals) travels with them on transfer.

4. Subscription and Payment

Pact is offered as a monthly subscription. Pricing is based on gym size and will be communicated during onboarding. Founding gyms receive locked-in early pricing as agreed during the founding program.

Subscriptions renew automatically each month unless cancelled. You may cancel at any time, and cancellation takes effect at the end of the current billing period.

We reserve the right to change pricing with 30 days' written notice. Founding gym pricing commitments will be honoured for the duration agreed.

5. Acceptable Use

You agree to use Pact only for its intended purpose of gym management, programming, member engagement, and coaching. You agree not to:

Use the Service to collect, store, or process sensitive health information beyond what is reasonably necessary for training purposes
Share Member account credentials or allow unauthorised access to your Gym account
Use the Service to send spam, unsolicited marketing, or harassing communications
Attempt to reverse engineer, decompile, or extract the source code of the Service
Use the Service in any way that violates applicable Australian law
Upload content that is defamatory, abusive, or infringes on the rights of others

6. Data Ownership and Licensing

6.1 Gym Content

The Gym retains ownership of all programming content, workout structures, and coaching materials uploaded to Pact. You grant Pact a non-exclusive, worldwide licence to host, display, and distribute this content solely for the purpose of providing the Service to your Gym and its Members.

6.2 Member Data

Member Data is generated by Members through their use of the Service. The Gym has access to Member Data for Members associated with their Gym, for the purposes of coaching, programming, and member engagement.

Members retain ownership of their personal training data (workout results, personal bests, goals). This data is portable and travels with the Member if they transfer to a different Gym.

The Gym acknowledges that Pact acts as a data processor on behalf of the Gym (as data controller) with respect to Member Data, as further described in the Data Processing Agreement.

6.3 Platform Data and Pact's Data Rights

You acknowledge and agree that Pact may collect, aggregate, de-identify, and analyse data generated through use of the Service to create Platform Data. Pact owns all Platform Data.

Pact may use Platform Data for any lawful business purpose, including but not limited to:

Improving and developing the Service
Generating industry benchmarks and insights
Informing commercial partnerships and brand relationships
Research and market analysis

Platform Data will never be re-identified or used in a way that could reasonably identify individual Members or Gyms without explicit consent.

7. Personalised Product Recommendations

Pact may offer Members the option to receive personalised product recommendations and offers from Pact's brand partners, based on their training activity and preferences.

This feature requires explicit opt-in consent from each Member. Members who opt in may receive contextual product suggestions (such as nutrition, recovery, or equipment recommendations) surfaced within the Pact platform.

Members can opt out of personalised recommendations at any time through their account settings. Opting out does not affect their use of the core Service.

Pact does not sell individual Member Data to third parties. Brand partnerships are managed by Pact, and partner brands do not receive personally identifiable Member information unless the Member explicitly consents to share it (for example, by redeeming an offer that requires providing their details to the brand).

8. Intellectual Property

Pact and its licensors retain all right, title, and interest in and to the Service, including all software, design, trademarks, and documentation. These Terms do not grant you any rights to Pact's intellectual property except the limited right to use the Service as described herein.

9. Service Availability

We aim to keep Pact available and operational, but we do not guarantee uninterrupted or error-free access. The Service is provided on an "as-is" and "as-available" basis.

We may perform maintenance, updates, or modifications to the Service from time to time. We will endeavour to provide reasonable notice of any planned downtime that may affect your use of the Service.

10. Limitation of Liability

To the maximum extent permitted by Australian law, Pact's total liability to you for any claims arising from or related to these Terms or the Service is limited to the total fees paid by you to Pact in the 12 months preceding the claim.

Pact is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, data, or business opportunities, even if advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

11. Termination

Either party may terminate these Terms by providing 30 days' written notice to the other party.

Pact may suspend or terminate your access immediately if you materially breach these Terms, fail to pay subscription fees, or use the Service in a way that poses a security risk or violates applicable law.

On termination, the Gym's access to the Service will cease. Pact will make Gym Content and Member Data available for export for a period of 30 days following termination, after which it may be deleted.

Members associated with a terminated Gym may transfer to another Gym on Pact or request deletion of their account and data.

12. Governing Law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Western Australia.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service at least 14 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms, please contact:

Pact Fitness (ABN 21 104 678 352)

Email: legal@pactfitness.xyz

Location: Perth, Western Australia