Please read these Terms & Conditions carefully. They govern your access to and use of getfitwithsculpt.app, the SCULPT mobile application, and related SCULPT features, communications and services (together, the Services). By using the website, joining the launch list, creating an account, or using the app, you agree to these Terms. Where the app later presents an updated version, you must accept that current version before continuing to use affected features.
1. Who operates SCULPT
“SCULPT”, “we”, “us” and “our” mean the operator of getfitwithsculpt.app and the SCULPT application. SCULPT is currently operating before incorporation and does not presently have an ABN or ACN. Contact us at [email protected]. We will update these Terms when an operating entity is established.
2. Scope and acceptance
- These Terms apply to the launch-list website, the app, athlete and coach accounts, workouts, programs, analytics, community features, teams, reports, share cards and related services.
- Joining the launch list does not create an app account, guarantee access, reserve pricing, promise a launch date, or guarantee that any proposed feature will be released.
- The launch list exists to provide SCULPT-related updates. You may unsubscribe from marketing at any time without losing access to an app account or non-marketing service messages.
- If you use SCULPT for an organisation, team or coaching business, you confirm that you have authority to bind that organisation to these Terms.
3. Age, capacity and parental or guardian involvement
SCULPT does not impose a universal minimum age. However, every user must have sufficient understanding and legal capacity to accept these Terms and make decisions about their information. If a user does not have that capacity, a parent or legal guardian must review and accept these Terms on the user’s behalf and supervise use where appropriate. We may request confirmation of capacity, parental or guardian involvement, or other safeguards where reasonably necessary.
4. Accounts and information you provide
- You must provide accurate, current information and keep it updated.
- You are responsible for protecting login credentials, devices and authentication methods used to access your account.
- You must promptly notify us at [email protected] if you believe an account has been accessed without authority.
- You must not create an account for another person, impersonate another person, or use another person’s email, photos, training records or identity without authority.
- We may require email verification, additional authentication or reasonable identity checks to protect accounts and personal information.
5. What SCULPT provides
SCULPT is a fitness planning, workout logging, progress-tracking, coaching and community platform. Features may include exercise libraries and variants, workout and program creation, coach-assigned training, sets, repetitions, weights, volume, duration, intensity, timers, personal-best records, streaks, progress analytics, muscle-distribution views, workout photos and posts, friends, teams, reactions, comments, leaderboards, share cards and training reports. Features may differ by device, location, role, plan, release stage or app version and may change over time.
6. Health, exercise and safety
SCULPT is not a medical service and does not provide medical diagnosis, treatment or emergency assistance. Exercise carries inherent risks, including overexertion, injury, aggravation of an existing condition and, in rare cases, serious harm. Information, estimates, charts, muscle maps, progress metrics, exercise instructions and generated reports are general fitness tools and may be incomplete, inaccurate or unsuitable for an individual.
- You are responsible for deciding whether an exercise, program, load, volume, intensity or coaching instruction is suitable for you.
- Seek advice from an appropriately qualified health professional before beginning or changing exercise where you have an injury, medical condition, symptoms, are pregnant, have been inactive, or are uncertain about safety.
- Stop exercising and seek appropriate assistance if you experience pain, faintness, chest symptoms, severe shortness of breath or any other concerning symptom.
- In an emergency, contact local emergency services. Do not rely on SCULPT, a coach profile or another user for emergency response.
Nothing in these Terms excludes rights or protections that cannot lawfully be excluded.
7. Coaches and athlete relationships
SCULPT may allow coaches to create or assign programs and workouts, view information an athlete has shared, and provide training guidance. Unless we expressly state otherwise, coaches are independent users and are not employees, agents, medical practitioners or representatives of SCULPT.
- Coaches are responsible for their qualifications, registrations, insurance, professional obligations, programming decisions, communications and services.
- Athletes are responsible for assessing whether a coach is suitable and for deciding whether to follow any recommendation.
- SCULPT does not guarantee a coach’s identity, qualifications, conduct, availability or results, although we may implement verification or moderation measures.
- Coaches must access and use athlete information only for the agreed coaching relationship, must respect confidentiality, and must not export, disclose or use athlete information for unrelated purposes without authority.
- Ending a coaching relationship may stop future in-app access, but SCULPT cannot retrieve copies a user lawfully downloaded, exported or recorded before access ended. Continued use of those copies remains subject to law and these Terms.
8. Community, friends, teams and leaderboards
Community features may allow information and content to be shared with friends, coaches, athletes, teams or other selected audiences. Before posting or joining a team, review the audience and avoid sharing information you do not want others to see. Metrics displayed in feeds or leaderboards may be estimates and may be affected by user-entered data.
You must not use SCULPT to harass, threaten, shame, discriminate against, exploit or deceive another person; publish unlawful, sexually exploitative, hateful or seriously harmful content; encourage dangerous conduct; invade privacy; infringe intellectual property; distribute malware or spam; manipulate metrics; or collect information about other users without authority. We may remove content, restrict visibility, suspend features or accounts, preserve evidence, or report conduct where reasonably necessary to protect users, the Services or legal rights.
9. User content
You retain ownership of content you upload or create, including workout notes, photos, posts, comments and program materials (User Content). You grant SCULPT a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, transmit, display and otherwise use User Content only as reasonably necessary to operate, secure, improve and provide the Services in accordance with your settings and our Privacy Policy. This licence ends when the content is deleted from active systems, subject to reasonable backup, legal and moderation retention.
You confirm that you have the rights and permissions needed to upload User Content and to include any person shown or described. Do not upload another person’s sensitive information, image, health information or training records without appropriate authority.
10. SCULPT content and intellectual property
The SCULPT name, logo, app, website, interface, software, databases, exercise taxonomy, designs, text, graphics and other SCULPT materials are owned by or licensed to SCULPT and are protected by intellectual property laws. We give you a limited, personal, non-exclusive, non-transferable and revocable right to use the Services for their intended purpose. You must not copy, reverse engineer, scrape, resell, sublicense, bypass security, create a competing dataset from, or commercially exploit the Services except to the extent a restriction is prohibited by law or we give written permission.
11. Athlete and coach materials
A coach retains ownership of original program content they create, subject to the licence needed for SCULPT to provide it to authorised athletes. Athletes may use assigned content for personal training during the applicable relationship or access period. Neither party may redistribute the other’s proprietary materials outside the intended relationship without permission.
12. Acceptable technical use
You must not attempt to gain unauthorised access, probe or defeat security, overload infrastructure, introduce malicious code, automate registrations or interactions without permission, interfere with another user, falsify consent or account information, or use the Services in breach of law. Security research must be authorised in writing before testing.
13. Marketing and service communications
Where you expressly opt in, SCULPT may send launch updates and ongoing communications about the app, features, events, research, offers and related marketing. Marketing consent can be withdrawn using an unsubscribe link or by emailing [email protected]. We may still send non-marketing communications reasonably necessary to provide or secure an account, respond to requests, confirm transactions, provide policy notices or meet legal obligations.
14. Paid features, subscriptions and purchases
Some future features may require payment. Before purchase, we will display material pricing, billing period, inclusions and cancellation information. Purchases made through Apple, Google or another platform may also be governed by that platform’s payment and refund terms. Recurring subscriptions, if offered, continue until cancelled in accordance with the disclosed process. Nothing in these Terms excludes any consumer guarantee, refund right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
15. Third-party services and links
The Services may rely on or link to third-party services such as authentication providers, app stores, cloud infrastructure, analytics, video links, email services and payment platforms. Those services may have separate terms and privacy practices. SCULPT is not responsible for third-party services outside our reasonable control, but this does not limit any responsibility we have under applicable law for our own conduct or chosen service providers.
16. Availability, changes and beta features
We aim to provide reliable Services but cannot guarantee uninterrupted or error-free operation. We may maintain, modify, replace, limit, suspend or discontinue features for security, legal, technical or commercial reasons. Beta, preview or experimental features may be incomplete and are provided for testing. Where a change materially reduces a paid service, any rights will be handled consistently with applicable law and the applicable purchase terms.
17. Data accuracy, exports and backups
Training metrics and reports depend on information entered by users and may contain calculation, synchronisation or display errors. Keep any records you independently require. We use reasonable measures to protect and back up service data, but the Services are not an archival or medical-record system and we do not guarantee that every item can always be recovered.
18. Account suspension, termination and deletion
You may stop using SCULPT and may request account deletion through available app settings or by contacting support. We may suspend or terminate access where reasonably necessary because of serious or repeated breach, security risk, fraud, harm to others, legal requirements, non-payment of a paid service, or discontinuation of the Services. Where appropriate, we will provide notice and a reasonable opportunity to address the issue. Data handling after closure is described in the Privacy Policy.
19. Consumer rights, disclaimers and liability
Nothing in these Terms excludes, restricts or modifies a consumer guarantee, statutory right or remedy that cannot lawfully be excluded. Subject to those rights, the Services are provided on an “as available” basis. To the maximum extent permitted by law, SCULPT does not promise specific fitness, business, coaching or performance outcomes and is not liable for indirect or consequential loss that was not reasonably foreseeable. Any limitation applies only to the extent legally permitted and does not apply to liability that cannot lawfully be limited.
20. Responsibility for misuse
You are responsible for your unlawful or unauthorised use of the Services and for reasonably foreseeable loss caused by your breach of these Terms, infringement of another person’s rights, or misuse of information you access through SCULPT. This clause does not require you to compensate SCULPT for loss caused by SCULPT’s own negligence, breach of law or wrongful conduct.
21. Privacy
Our explains how personal information is collected, used, disclosed, stored and managed across the website and app. Some workout, progress and coaching information may be health information or other sensitive information and receives additional protection.
22. Changes to these Terms
We may update these Terms as the Services, law, pricing or data practices change. We will display the current effective date and provide additional notice where a change is material. Where required, we will ask you to accept the revised Terms before continuing to use affected app features. Changes do not retrospectively remove rights that have already accrued.
23. General provisions
If a provision is invalid or unenforceable, it will be read down where possible or severed, and the remaining provisions continue. A delay in enforcing a right is not a waiver. You may not transfer your account or rights under these Terms without our consent. We may transfer the operation of SCULPT as part of a genuine restructure, incorporation, financing or sale, subject to applicable law and the Privacy Policy.
24. Governing law and disputes
These Terms are governed by the laws of New South Wales, Australia. Before starting formal proceedings, you and SCULPT should first attempt in good faith to resolve the issue by contacting [email protected]. This does not prevent either party from seeking urgent relief or using any consumer complaint or court process available by law. The courts of New South Wales and courts hearing appeals from them have non-exclusive jurisdiction.
25. Contact
All legal, privacy, account and support enquiries: [email protected].
