Terms of Service

Welcome to Perform ("we", "us", or "our"). By accessing or using our website at https://www.prfrm.app (the "Site") or any of our related services, tools, or platforms (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

These Terms govern your access to and use of Perform's Services, including any content, functionality, and features offered through the Site. If you do not agree with these Terms, you may not access or use the Services.

Please read these Terms carefully before using Perform.

Perform helps you reach your fitness goals by providing coaches with tools to create lessons, build intuitive progressive programs, acquire clients, market their brand, track client progress, chat with clients, schedule events, and build communities.

Users can discover and subscribe to local fitness services across multiple disciplines and access various offerings such as informational content, training programs, and one-on-one coaching sessions.

Perform serves as a platform for connecting fitness professionals and clients but does not directly provide coaching or fitness services unless explicitly stated.

To access certain features of the Services, users must create an account and provide accurate, current, and complete information during registration.

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

Perform reserves the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or compromise the integrity of the platform.

You must be at least 16 years old to use Perform. By creating an account, you represent that you meet this age requirement.

Perform grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services in accordance with these Terms.

You may use Perform's tools to create, manage, and distribute your own content such as lessons, programs, and community materials.

You may not redistribute, resell, sublicense, reverse-engineer, or otherwise exploit any proprietary aspect of Perform's Services or intellectual property.

You agree not to use the Services for any unlawful purpose or in any manner that could damage, disable, overburden, or impair Perform's systems or networks.

Users retain full ownership of the content they create and upload to Perform, including programs, posts, lessons, and other materials ("User Content").

By posting or uploading User Content to Perform, you grant us a worldwide, non-exclusive, royalty-free license to host, store, display, and distribute your content as necessary to provide the Services.

You are solely responsible for the accuracy, legality, and ownership of any content you upload, and you agree not to post any content that violates third-party rights or applicable laws.

All content, design elements, source code, graphics, text, trademarks, and logos provided through Perform (excluding User Content) are the exclusive property of Perform or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Nothing in these Terms transfers ownership of any intellectual property rights from Perform to you. Any unauthorized use of Perform's intellectual property is strictly prohibited.

Users retain ownership of the content they create using Perform's tools. However, by using the platform, users acknowledge that Perform may display or host their content as part of the Services.

Certain features of Perform are available through paid subscription plans. Pricing, features, and billing cycles are detailed on the Site and may vary based on plan type and region.

Payments are processed securely through third-party payment processors. By purchasing a subscription, you agree to the terms and policies of the applicable payment processor.

All payments are final. Perform does not offer refunds for any subscription fees once payment has been processed, except where required by Australian Consumer Law.

You are responsible for any applicable taxes, including GST, associated with your subscription purchase.

We reserve the right to suspend or terminate your account or restrict access to the Services at any time, without notice, for conduct that we believe violates these Terms or is otherwise harmful to other users or Perform.

Upon termination, your right to access the Services will immediately cease. Any obligations that by their nature should survive termination (such as intellectual property, indemnity, and limitation of liability) will continue to apply.

Perform provides its Services on an "as is" and "as available" basis, without any warranties of any kind, express or implied, except as required under Australian Consumer Law.

We make no representations or warranties regarding the accuracy, reliability, or completeness of the Services or any content available through them.

Your use of the Services is at your own risk. To the fullest extent permitted by law, Perform disclaims all warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, Perform and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Services.

This includes, without limitation, loss of profits, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

Nothing in these Terms limits or excludes any rights or remedies you may have under Australian Consumer Law that cannot be lawfully excluded.

Our total liability for any claim arising out of or relating to these Terms or your use of the Services shall not exceed the amount you paid (if any) to Perform during the six (6) months preceding the event giving rise to liability.

You agree to indemnify and hold harmless Perform, its affiliates, employees, and partners from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

Perform reserves the right to update or modify these Terms at any time, at our sole discretion.

When we make significant changes, we will notify users by email or by posting a prominent notice on the Site.

Continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia.

You agree that any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Melbourne, Victoria.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

If you have any questions or concerns regarding these Terms of Service, please contact us at:

Email: contact@prfrm.app

These Terms constitute the entire agreement between you and Perform regarding the use of our Services and supersede all prior agreements, understandings, or representations related to the subject matter herein.