Terms of Service

1. Agreement to Terms

By accessing or using the Apex Health application ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms apply to all users of the App, including users who are also contributors of content, information, and other materials or services.

2. Not Medical Advice

Apex Health is a health and fitness information tool, not a medical device or service. Nothing in the App constitutes medical advice, diagnosis, treatment, or a substitute for professional medical consultation.

• The training programmes, nutrition recommendations, and recovery guidance are for informational and educational purposes only.
• You should consult a qualified healthcare professional before starting any new exercise programme, changing your diet, or making health decisions based on information in the App.
• If you have a medical condition, injury, or health concern, seek professional medical advice before using the App's features.
• The rehabilitation protocols in the App are general informational content and are not a substitute for professional physiotherapy or medical treatment.

3. Eligibility

You must be at least 18 years of age to use Apex Health. By using the App, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms.

4. Subscription and Billing

Subscription Plans

Apex Health offers subscription-based access. Subscription details, pricing, and available plans are displayed within the App and on the applicable App Store listing.

Billing

Subscriptions are billed through Apple App Store or Google Play. Payment is charged to your App Store or Google Play account at confirmation of purchase.

Auto-Renewal

Subscriptions automatically renew unless cancelled 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.

Cancellation

You may cancel your subscription at any time through your App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a subscription period.

Refunds

Refund requests are handled by Apple or Google in accordance with their respective refund policies. We do not process refunds directly.

Price Changes

We reserve the right to change subscription prices. Price changes will be communicated via the App Store listing and take effect at your next renewal date.

5. Acceptable Use

You agree not to use the App to:

• Violate any applicable laws or regulations
• Attempt to reverse engineer, decompile, or disassemble the App
• Interfere with or disrupt the security or integrity of the App
• Use the App for any commercial purpose without our written consent
• Impersonate any person or entity or misrepresent your affiliation with a person or entity
• Upload or transmit viruses or any other malicious code
• Attempt to gain unauthorised access to any portion or feature of the App

6. Intellectual Property

The App and its original content, features, and functionality are and will remain the exclusive property of Apex Health and its licensors. The App is protected by copyright, trademark, and other laws of Australia and foreign countries.

You may not use our trademarks, logos, or brand name without our prior written consent.

7. Disclaimer of Warranties

The App is provided on an "AS IS" and "AS AVAILABLE" basis without any 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, secure, or error-free, or that any information obtained through the App will be accurate, reliable, or complete.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Apex Health and its directors, employees, partners, agents, suppliers, or affiliates shall not 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
• Any content obtained from the App
• Any physical injury or health consequences arising from following information in the App
• Unauthorised access, use, or alteration of your data

Our total liability to you for any claims arising from these Terms or your use of the App shall not exceed the amount you paid us in the 12 months preceding the claim.

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 our practices.

10. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the App will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive.

11. Governing Law

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

Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of Australia.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date at the top of this page. Continued use of the App after changes constitutes acceptance of the revised Terms.

13. Contact

For any questions about these Terms, please contact us at:

legal@apexhealth.app