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Last updated on 25.02.2024
[No Knot Software] operating as No Knot
ABN 16 655 325 947

1RM Club Terms & Conditions

Summary

Welcome to 1RM Club!

To make it easier for you to understand the terms on which we provide our services, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English.

When we talk about “1RM Club”, “we,” “our,” or “us” in these Terms, we are referring to “No Knot Software Pty Ltd”, an Australian business with ABN 16 655 325 947. When we talk about the “App” in these Terms, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

INTRODUCTION

These Terms set out the terms and conditions that apply when you use the App.

By using the App, ordering any goods or services through the App, or otherwise engaging with the content on the App, you represent and warrant that you:

(a)

are at least 13 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these Terms; or

(b)

are the parent or legal guardian of a person under the age of 13 who intends to use the App, and you agree to be bound by these Terms on that person’s behalf

Please have a careful read through these Terms before using the App. If you don’t agree to these Terms, please don’t use the App.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the App after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.

ACCOUNT REGISTRATION

In order to use the Paid App (defined in clause 6.2), you will be required to sign up for an account automatically (1RM Club Account).

When you register for a 1RM Club Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.

You agree that you’re solely responsible for

(a)

maintaining the confidentiality and security of your 1RM Club Account information and your password, 2-factor authentication (2FA) codes, or any other security mechanism used to access your 1RM Club Account; and

(b)

any activities and those of any third party that occur through your 1RM Club Account, whether those activities have been authorised by you or not.

You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.

We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your 1RM Club Account information or your password or if you delete the App from your device or clear the data on your device (which will result in the deletion of Your Data (defined in clause 4)).

PROGRAMS & DISCLAIMERS

(a)

(Programs) When using the App, you may be provided with various fitness and strength training suggestions consisting of exercise tutorials (including video tutorials and animations), exercise recommendations, or other content (Programs).

(b)

(Suitability & Precautions) You acknowledge and agree that:

(i)

unless otherwise agreed between us, we have not undertaken any assessment or verification of the suitability of any Program for your personal fitness and strength levels;

(ii)

before participating in any exercises suggested within a Program, you must consult all relevant medical professionals to determine the suitability of a Program for you, including a physiotherapist or a general practitioner;

(iii)

you must assess each individual exercise recommendation within each Program and not undertake that exercise if you have a relevant pre-existing injury or health condition that may be exacerbated by an exercise recommendation;

(iv)

you must take all necessary precautions while undertaking any exercises or other activities associated with a Program, including ensuring a safe environment free of hazards, engaging in proper warm-up and warm-down exercises, remaining properly hydrated, and wearing and using appropriate clothing and equipment;

(v)

if at any time during an exercise you feel uncomfortable or as though the exercise is not suitable for you, you must immediately cease engaging in the exercise; and

(vi)

our liability to you is limited in accordance with clause 15.

(c)

(Physical risk) If you participate in any exercises suggested within a Program, you acknowledge that there is the potential for injury or death and participate with knowledge of the dangers of the dangers involved, including but not limited to physical injuries, muscle strains, high blood pressure, nausea and other symptoms inherent in strenuous physical exercise.

(d)

(No guaranteed outcomes) We make no representation or guarantee that any Program (or other content on the App) will be useful or relevant to you or that by performing the exercises including in a Program that you will achieve any particular fitness outcomes (including meeting specific health, fitness, weight or strength goals).

(e)

(Not medical or professional advice) The information on the App is not medical or professional fitness advice. You should not rely on this information as a substitute for medical advice or to diagnose or treat any medical condition. Any information provided to you on the App is not intended to diagnose, treat, cure or prevent any condition or to assist with rehabilitation of any injury. If you think you may have a medical issue please seek medical advice from a trained medical professional.

LEADERBOARD & YOUR DATA

(a)

As part of using the App, you’ll generate data based on your Programs (including information about your progress, body weight, stop watch times, and other performance results) as well as by sharing other personal information with use when you register for a 1RM Club Account and other use the App (Your Data).

(b)

From time to time, you may be able to participate in challenges or competitions against other users of the App (Competitions). Your results from participating in any Competitions and Your Data may be made viewable by other users of the App on a leaderboard or similar ranking system from time to time (Leaderboard)

(c)

You acknowledge and agree that if you participate in any Competitions:

(i)

the relevant parts of Your Data will be visible to the other users of the App; and

(ii)

you will not manipulate, fabricate, or enhance any of Your Data to artificially improve your position on the Leaderboard.

(d)

We do not have any obligations to screen Your Data in advance of it being posted on any Leaderboard or as part of any Competition and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any of Your Data from the App at any time without giving any explanation or justification for removing Your Data.

By using the App to upload or create (as applicable) Your Data, you consent to 1RM Club (and its agents or service providers) collecting, using, copying, modifying, reproducing, anonymising and commercialising, and adapting Your Data for the purpose of providing you access to the App, improving the App, and any other purpose in 1RM Club’s discretion from time to time.

ACKNOWLEDGEMENTS

You acknowledge and agree that:

(a)

1RM Club may change any features of the App offered through the App at any time without notice to you;

(b)

unless we indicate otherwise, all materials used in the App (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us;

(c)

as part of your use of the App, you may receive notifications, alerts, and other electronic communications and you are responsible for controlling your communications settings, which can be done in the 1RM Club Account settings;

(d)

any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

FEES

6.1

FREE APP

From time to time, we may offer a free version of the App which allows you access to a limited range of features or all features within our App with certain restrictions such as in-app advertising (Free App). By signing up to use the Free App, you acknowledge and agree that 1RM Club may:

(a)

you may be served in-app advertising when using the Free App;

(b)

update, change, enhance, remove, or suspend any features which are accessible within the Free App at any time without any notice to you; or

(c)

terminate your access to the Free App in accordance with clause 16.

6.2

FEES

In order for you to access certain features within the App (described on our website or within the App itself) or access the App on an “ad-free” basis (Paid App), you must pay the fees set out on our website or in the App itself) (Fees). These Fees may be paid via the mobile application store or as otherwise notified by us to you, depending on our current prices and billing process.

6.3

FAILURE TO PAY

If Fees for a 1RM Club Account are not paid when they are due, we may revoke your 1RM Club Account and require payment for you to continue accessing the Paid App.

6.4

PAYMENT METHODS

We may use third-party payment providers (Payment Providers) to collect Fees (including Google Pay, Apple Pay, or Stripe). The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

6.5

CREDIT CARD SURCHARGES

We reserve the right to charge credit card surcharges where payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

ACCEPTABLE USE

We’ll need you to make a few promises about the way you’ll use the App.
You agree:

(a)

not to copy, reproduce, translate, adapt, vary or modify the App without our express consent (including by screenshotting the App for the purposes of reproduction);

(b)

not to use the App in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(c)

not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;

(d)

if you are using the Free App, that you will not attempt to bypass any in-app advertising;

(e)

not to attempt to breach the security of the App or 1RM Club’s system security, or otherwise interfere with the normal function of the App, including by:

(i)

gaining unauthorised access to 1RM Club Accounts or data about other users of the App;

(ii)

scanning, probing or testing the App for security vulnerabilities;

(iii)

overload, flood, mailbomb, crash or submit a virus to the App or 1RM Club’s system; or

(iv)

instigate or participate in a denial-of-service attack against the App or 1RM Club’s system;

(v)

“review bombing” the App or an app store on which the App is available; and

(f)

to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the App comply with the Terms.

YOUR CONTENT

8.1

TYPES OF CONTENT

As part of using the App, you may be uploading content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by using the features of the App, sharing content via the App on social media or by contacting us, or when you register a 1RM Club Account (Posted Materials).

8.2

POSTED MATERIALS

By providing or posting any Posted Materials, you represent and warrant that:

(a)

you are authorised to provide the Posted Materials;

(b)

the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;

(c)

the Posted Materials are not “passing off” of any product or service and does not constitute unfair competition;

(d)

the Posted Materials do not infringe any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement (Intellectual Property Rights);

(e)

the Posted Materials are accurate and true at the time they are provided;

(f)

any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

(g)

the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and

(h)

the Posted Materials do not breach or infringe any applicable laws, regulations or orders.

8.3

POSTED MATERIALS – IP LICENCE

By uploading any Posted Materials, you grant to 1RM Club (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for 1RM Club to use, exploit or otherwise enjoy the benefit of such Posted Material.

8.4

REMOVAL OF POSTED MATERIALS

We don’t have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.

OUR CONTENT

Unless we indicate otherwise, all materials used in the App (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.

You can only access and use these materials for the sole purpose of enabling you to use the App in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.

THIRD PARTIES

10.1

THIRD PARTY CONTENT

The App may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.

10.2

THIRD PARTY LINKS

The App may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.

10.3

THIRD PARTY TERMS AND CONDITIONS

By using the App, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply (including app store providers such as Apple and Google). You agree to any Third Party Terms applicable to any third party goods and services, and 1RM Club will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

NOTICE REGARDING APPLE

If you are accessing the App from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

(a)

these Terms are between you and 1RM Club and not with Apple. Apple is not responsible for the App or any content available on the App;

(b)

Apple has no obligation whatsoever to furnish any maintenance and support services for the App;

(c)

in the event of any failure of 1RM Club to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the App, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be 1RM Club’s responsibility;

(d)

Apple is not responsible for addressing any claims by you or any third party relating to the App, including, but not limited to:

(i)

product liability claims;

(ii)

any claim that the App fails to conform to any applicable legal or regulatory requirement; and

(iii)

claims arising under consumer protection, privacy, or similar legislation;

(e)

in the event of any third party claim that the App or your use of the App infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;

(f)

that you represent and warrant that:

(i)

you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and

(ii)

you are not listed on any U.S. Government list of prohibited or restricted parties;

(g)

you must comply with applicable third party terms of agreement when using the App; and

(h)

Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.

OPERATION OF THE APP DEPENDENT ON THIRD PARTIES

You acknowledge that the App is dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third party provider, the App can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.

SERVICE LIMITATIONS

While we will use our best endeavours to ensure the App is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:

(a)

the App may have errors or defects;

(b)

the App may not be accessible or available at all times;

(c)

messages sent through the App may not be delivered promptly, or delivered at all;

(d)

information you receive or supply through the App may not be secure or confidential; or

(e)

any information provided through the App may not be accurate or true.

SECURITY

We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the App. You should take your own precautions to ensure that the process which you employ for accessing the App does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

LIABILITY

(a)

To the maximum extent permitted by applicable law and subject to clause 15(b), the total liability of each party in respect of any loss or damage sustained by the other party arising from or relating in any way to the App is limited to the Fees paid by you to 1RM Club in the 3 months preceding the date of the event giving rise to the relevant liability.

(b)

Clause 15(a) does not apply to your liability in respect of loss or damage suffered by 1RM Club arising from your breach of clauses 3 (Programs & Disclaimers), 6 (Subscription) 7 (Acceptable Use), 8 (Posted Materials), 9 (Our Content) of these Terms.

(c)

All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded.

(d)

Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or App we provide.

(e)

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the App, these Terms or their subject matter, except:

(i)

in relation to loss or damage arising from your breach of clauses 3 (Programs & Disclaimers), 6 (Subscription) 7 (Acceptable Use), 8 (Posted Materials), 9 (Our Content) of these Terms;

(ii)

in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; and

(iii)

to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

CANCELLATION

16.1

CANCELLATION BY YOU

You are responsible for the cancellation or deletion of your 1RM Club Account. You can cancel or delete your 1RM Club Account at any time by using the functionality provided in the App or by deleting the App entirely.

16.2

CANCELLATION BY US

(a)

To the extent permitted by law, we reserve the right to terminate your access to any or all of the App or any part of the App at any time without notice, for any reason, provided that we refund to you any Fees for any features of the Paid App which you have paid for and not been provided access to.

(b)

We may also terminate your access to any or all of the App at any time without notice if you breach any provision of these Terms.

16.3

EFFECT OF CANCELLATION

Upon cancellation, termination or expiry of your 1RM Club Account, we will delete any Posted Materials and Your Data associated with your 1RM Club Account. You won’t be able to recover any of this after cancellation, termination or expiry of your 1RM Club Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your 1RM Club Account.

16.4

SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

PRIVACY

You agree to be bound by the clauses outlined in 1RM Club’s (No Knot’s) Privacy Policy, which can be found at [ noknot.au/privacy/].

LOCATION OF SERVICES

1RM Club controls the operation of the App from headquarters located in Australia. Some services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.

You’re solely responsible for your decision to use the App from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the App

NOTICES

(a)

A notice or other communication to a party under this agreement must be:

(i)

in writing and in English; and

(ii)

delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b)

Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i)

24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii)

when replied to by the other party,

whichever is earlier.

General

20.1

GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

20.2

WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

20.3

SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

20.4

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

20.5

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

20.6

COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

20.7

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

20.8

INTERPRETATION

(a)

(Singular and plural) words in the singular includes the plural (and vice versa);

(b)

(currency) a reference to $; or “dollar” is to Australian currency;

(c)

(gender) words indicating a gender includes the corresponding words of any other gender;

(d)

(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e)

(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f)

(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g)

(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(h)

(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(i)

(headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j)

(includes) the word “includes” and similar words in any form is not a word of limitation; and

(k)

(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision

In this article

Summary

1. introduction

2. account registration

3. programs & disclaimers

4. leaderboard & your data

5. acknowledgement

6. fees

7. acceptable use

8. your content

9. our content

10. Third parties