Fortify – End User Licence Agreement

1 - About

1.1 - The Application (“Fortify”) is operated by Tiny Ideas Pty Ltd (ACN 601 945 715), located at 113a Tower St, West Leederville, Australia 6007. By using, browsing and/or reading the Application, you signify that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). If you do not agree, you must immediately cease usage of the Application and its Services.

1.2 - Tiny Ideas reserves the right to review and change these Terms at its sole discretion by updating this page. Where practical, Tiny Ideas will use reasonable endeavours to notify you of any updates. Changes take effect immediately upon publication. You should keep a copy of these Terms for your records.

2 - Acceptance of the Terms

You accept the Terms by:

• Using or browsing the Application;
• Clicking to accept or agree where this option is made available.

3 - Your Obligations

3.1 - You agree to:

• Use the Services only for lawful, personal, and non-commercial purposes, in accordance with these Terms and applicable law;
• Use the Services and Application at your own risk, acknowledging the inherent risks of physical activity;
• Not use the Services or Application for any illegal or unauthorised purpose;
• Not engage in any automated, systematic, or commercial exploitation of the Application without express written permission.

4 - Health and Medical Disclaimer

4.1 - The Application provides general fitness and wellness information only. It is not medical advice.

4.2 - You must consult with a qualified healthcare provider before using the App, especially if you are:

• Pregnant, postpartum, in perimenopause or menopause;
• Have any known health condition, injury, or chronic illness;
• Taking medication that may affect your exercise capacity.

4.3 - By using the Application, you expressly acknowledge and accept that:

• Participation in fitness activities involves inherent risks including injury, illness, disability, cardiac events, and death;
• You voluntarily assume these risks;
• You release Tiny Ideas Pty Ltd, its employees, agents, contractors, and affiliates from any liability arising from your use of the App.

5 - Auto-renewable Subscription

5.1 - Premium features are accessible via auto-renewable subscription (the ‘Subscription’). Subscription fees (the ‘Subscription Fee’) apply.

5.2 - Subscription plans may include Monthly, Yearly, and Lifetime access via In App Purchase (‘In App Purchase’).

5.3 - Payments will be charged to your iTunes Account upon confirmation of purchase. Subscriptions auto-renew unless turned off at least 24 hours before the end of the current period.

5.4 - Renewals are charged within 24 hours prior to the end of the current period at the rate disclosed at the time of renewal.

5.5 - You can manage and cancel subscriptions through your Apple account settings at any time.

6 - Refund Policy

6.1 - All payments are final. Refunds are managed exclusively by Apple, subject to their policies.

7 - Copyright and Intellectual Property

7.1 - The Application, Services, and all related content are protected by copyright and intellectual property laws. Tiny Ideas Pty Ltd retains all rights, title, and interest.

7.2 - You may not copy, modify, distribute, or create derivative works without prior written permission.

8 - Privacy

8.1 - Tiny Ideas Pty Ltd takes your privacy seriously. Data collected via your use of the Application is subject to our Privacy Policy.

8.2 - Where the Application integrates with third-party services (e.g., Apple Health), you acknowledge:

• The data may not be accurate or complete;
• Tiny Ideas accepts no liability for such third-party data inaccuracies or reliance.

9 - General Disclaimer

9.1 - Nothing in these Terms limits or excludes rights or remedies under the Australian Consumer Law that cannot be excluded.

9.2 - Subject to clause 9.1, all warranties, representations, or conditions not expressly stated in these Terms are excluded.

9.3 - Tiny Ideas Pty Ltd will not be liable for any indirect, special, or consequential loss or damages, including personal injury, loss of data, or business interruption, arising from your use of the Application.

9.4 - The Services and Application are provided “as is” without any warranty of fitness for a particular purpose.

10 - Limitation of Liability

10.1 - Where liability cannot be excluded by law, Tiny Ideas Pty Ltd limits its liability to the resupply of the Services.

10.2 - In no event will Tiny Ideas Pty Ltd be liable for any incidental, special, indirect, or consequential damages, including but not limited to personal injury, loss of goodwill, or loss of data.

11 - Termination of Contract

11.1 - These Terms remain in effect until terminated by either party.

11.2 - You may terminate by ceasing use and cancelling your Subscription.

11.3 - Tiny Ideas Pty Ltd may terminate these Terms immediately if:

• You breach any provision of the Terms;
• The Services become commercially unviable;
• Required by law.

12 - Indemnity

You agree to indemnify Tiny Ideas Pty Ltd and its affiliates against all losses, damages, costs (including legal fees), and liabilities arising from:

• Your breach of these Terms;
• Your use of the Application;
• Your violation of third-party rights.

13 - Dispute Resolution

13.1 - Disputes must be resolved via mediation in Western Australia before pursuing court proceedings, unless urgent relief is sought.

13.2 - The dispute process and mediation will be conducted under the rules of the Australian Mediation Association.

14 - Governing Law and Jurisdiction

14.1 - These Terms are governed by the laws of Western Australia, Australia.

14.2 - You agree to the exclusive jurisdiction of the courts of Western Australia for any dispute relating to these Terms or the Application.

15 - Independent Legal Advice

You acknowledge that you have had the opportunity to obtain independent legal advice and consider these Terms fair and reasonable.

16 - Severance

If any provision is held invalid, the remainder of these Terms will remain in effect.