Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Kavana Software Pty Ltd ("Company," "we," "our," or "us") regarding your use of the TRK mobile application (the "App"). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the App and should uninstall it immediately. These Terms apply to all users of the App, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.

2. Description of Service

TRK is a workout and training tracking application that allows users to:

• Log and track workout sessions, exercises, sets, reps, and weights
• Monitor fitness progress and body measurements
• Create and follow workout routines
• Set fitness goals and track achievements
• Integrate with health and fitness platforms (Apple Health, Google Fit)
• Access workout statistics and analytics

We reserve the right to modify, suspend, or discontinue any aspect of the App at any time, with or without notice, at our sole discretion.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 13 years old to use the App. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you represent that you have your parent's or guardian's permission to use the App and that they have agreed to these Terms on your behalf.

3.2 Account Creation

To use certain features of the App, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

4. User Conduct and Responsibilities

You agree not to:

• Use the App for any illegal purpose or in violation of any laws
• Violate or infringe upon the rights of others, including intellectual property rights
• Transmit any harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to the App or its related systems
• Interfere with or disrupt the App's operation or servers
• Use automated systems (bots, scrapers) to access the App without permission
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or proprietary notices
• Share your account credentials with others
• Use the App to transmit viruses, malware, or other harmful code

We reserve the right to suspend or terminate your account if you violate these Terms or engage in any conduct we deem inappropriate.

5. Health and Fitness Disclaimer

IMPORTANT: The App is for informational and tracking purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before starting any exercise program.

You acknowledge and agree that:

• The App does not provide medical, health, or fitness advice
• You should consult with a healthcare professional before beginning any exercise program
• You are solely responsible for your health and fitness decisions
• We are not liable for any injuries or health issues that may result from your use of the App
• You should stop exercising and seek medical attention if you experience pain, dizziness, or discomfort

6. Intellectual Property Rights

6.1 Our Rights

The App, including its original content, features, functionality, design, logos, and trademarks, is owned by Kavana Software Pty Ltd and is protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Your Content

You retain ownership of any content you create, upload, or submit through the App ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, and display your User Content solely for the purpose of operating and providing the App's services.

You represent and warrant that you own or have the necessary rights to all User Content you submit and that such content does not violate any third-party rights.

7. In-App Purchases and Subscriptions

The App may offer in-app purchases, subscriptions, or premium features. If you make an in-app purchase:

• Payment will be charged to your Apple ID or Google Play account at confirmation
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage subscriptions and turn off auto-renewal in your account settings
• No refunds will be provided for any unused portion of a subscription period

All purchases are subject to Apple's and Google's respective terms and conditions. Prices are subject to change without notice.

8. Third-Party Services and Links

The App may integrate with third-party services (such as Apple Health, Google Fit, or social media platforms) or contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of service of third-party services. Your use of third-party services is subject to their respective terms and conditions.

We do not endorse or assume responsibility for any third-party content, products, or services accessible through the App.

9. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAVANA SOFTWARE PTY LTD, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APP.

Our total liability to you for all claims arising out of or relating to the use of the App shall not exceed the amount you paid us in the 12 months preceding the claim, or AUD $100, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kavana Software Pty Ltd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of or access to the App
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property or privacy rights
• Any User Content you submit or transmit through the App

12. Termination

12.1 Termination by You

You may terminate your account at any time by deleting the App from your device or contacting us to request account deletion.

12.2 Termination by Us

We may suspend or terminate your access to the App immediately, without prior notice, if you breach these Terms or engage in any conduct we deem harmful to the App or other users. We may also terminate or suspend your account for any reason, with or without notice, at our sole discretion.

12.3 Effect of Termination

Upon termination, your right to use the App will immediately cease. We may delete your account and data, subject to our Privacy Policy and applicable law. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 5, 6, 10, 11, and 13.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the App shall be resolved through good faith negotiations. If a dispute cannot be resolved through negotiation, it shall be submitted to the exclusive jurisdiction of the courts of Victoria, Australia.

For consumers in Australia, you may also have rights under the Australian Consumer Law, which provides certain guarantees and remedies that cannot be excluded.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms in the App and updating the "Last Updated" date. Your continued use of the App after such changes constitutes acceptance of the updated Terms.

If you do not agree to the modified Terms, you must stop using the App and may delete your account.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kavana Software Pty Ltd regarding your use of the App and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms, please contact us:

18. Apple App Store and Google Play Store Terms

If you downloaded the App from the Apple App Store:

• These Terms are between you and Kavana Software Pty Ltd, not Apple
• Apple is not responsible for the App or its content
• Apple has no obligation to provide support or maintenance for the App
• In the event of App failure, you may notify Apple, and Apple will refund the purchase price
• Apple is not responsible for addressing any claims relating to the App

If you downloaded the App from Google Play Store:

• These Terms are between you and Kavana Software Pty Ltd, not Google
• Google is not responsible for the App or its content
• Google has no obligation to provide support or maintenance for the App
• Your use of the App is also subject to Google Play's Terms of Service