HyperformanceX ("the Service", "we", "us") is a fitness and nutrition tracking platform that helps individuals and personal trainers manage training plans, nutrition, and health data. The Service is operated in accordance with Australian law, including the Privacy Act 1988 (Cth) and the Australian Consumer Law.
By creating an account, you confirm that you are at least 16 years old, have read and understood these Terms, and agree to be bound by them. If you are creating an account on behalf of an organisation, you warrant that you have authority to bind that organisation.
You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately at privacy@hyperformancex.com.au if you suspect unauthorised access to your account. We reserve the right to suspend or terminate accounts that violate these Terms.
HyperformanceX provides general fitness and nutrition information only. Nothing in the Service constitutes medical advice, diagnosis, or treatment. Nutritional targets, calorie calculations, and macro recommendations are estimates based on self-reported data and standard formulae. You should consult a qualified health professional before making significant changes to your diet or exercise regime, particularly if you have a pre-existing medical condition.
Nutrient data is sourced from the Food Standards Australia New Zealand (FSANZ) AUSNUT database and is provided in good faith. Actual nutrient content of foods may vary due to preparation methods, seasonal variation, and product reformulation.
Trainers who use HyperformanceX to manage clients acknowledge that:
HyperformanceX is a platform provider only and accepts no liability for the professional conduct of trainers using the Service.
If you choose to share health data (weight, sleep, heart rate) with your trainer, you do so voluntarily. You may revoke this consent at any time from your account settings. Trainers may only access the specific data categories you have approved. We log all consent grants and revocations.
The HyperformanceX platform, including its software, design, and content, is owned by or licensed to HyperformanceX. You retain ownership of your personal data and content (meal plans, training plans, photos) that you create in the Service. You grant us a limited licence to store, process, and display your content for the purpose of operating the Service.
You must not use the Service to: upload harmful, defamatory, or illegal content; attempt to gain unauthorised access to other users' data; reverse-engineer or scrape the platform; or impersonate another person or trainer.
To the maximum extent permitted by the Australian Consumer Law, HyperformanceX's liability for any claim arising from your use of the Service is limited to the amount you paid for the Service in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential losses.
Our liability for failures of consumer guarantees under the Australian Consumer Law cannot be excluded but may be limited to re-supply of the Service.
You may delete your account at any time from Settings. We will delete or anonymise your personal data within 30 days of account deletion, except where we are required to retain it by law. We may terminate or suspend your account if you breach these Terms.
We will notify you by email and in-app notice at least 14 days before making material changes to these Terms. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.
Questions about these Terms: legal@hyperformancex.com.au
Privacy complaints: privacy@hyperformancex.com.au
Postal: HyperformanceX, Australia