These Terms govern your use of the Ultimate Strength & Nutrition app and services provided by Ultimate Strength and Nutrition Pty Ltd (ABN 44 688 595 673), together with its associated entities Ultimate Golf Performance Pty Ltd, Ultimate Golf Education and Mark Ashton Golf ("we", "us", "our"). By creating an account or using the app you agree to these Terms, our Privacy Policy, Medical Disclaimer, Training Disclaimer and Liability Waiver.
1. The service. We provide golf-specific strength, power and conditioning coaching, training programs, questionnaires, tracking tools and related content ("Service"). Coaching is general health and fitness guidance tailored from the information you give us. It is not medical, physiotherapy, psychological or nutritional-medical advice. We use, or may use, automated and AI-assisted tools as part of how we deliver the Service — to summarise your information, identify patterns, draft program content and messages for your coach, and to propose or make adjustments to your program between coach reviews. Your coach remains responsible for your program. Some routine content may be generated automatically and shown to you, clearly marked as such and reviewed by your coach at regular intervals. Automated adjustments operate within limits your coach sets and can be changed or reversed by your coach at any time, and messages are not sent to you without your coach's approval. See sections 4 and 5 of our Privacy Policy for how this processing works.
2. Eligibility. Users under 18 years of age may use the Service only with the consent and supervision of a parent or legal guardian who accepts these Terms on their behalf. We will ask your parent or legal guardian to confirm this directly by email. Some features are not available on accounts belonging to a person under 18, including AI-assisted processing and any feature involving photograph upload. These are not made available by parent or guardian consent. You (or your parent or legal guardian, where applicable) must be legally able to enter this agreement.
3. Your account. You are responsible for keeping your login secure and for all activity under your account. Provide accurate information (including in your health questionnaire and check-ins) and keep it current. Notify us promptly of any unauthorised use.
4. Memberships, payments and renewals. Paid memberships, subscriptions and one-off programs are billed via our payment processor (Stripe) on the plan, price, currency and billing frequency shown at checkout. Subscriptions automatically renew each billing period until cancelled. You authorise recurring charges for the plan you select.
5. Cancellations and refunds. You may cancel a subscription at any time; cancellation takes effect at the end of the current paid period and you retain access until then. Except where required by the Australian Consumer Law or other applicable law, payments are non-refundable and part-periods are not pro-rated.
6. Consumer guarantees. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded. Where we are permitted to limit liability, our liability is limited as set out in the Liability Waiver.
7. Acceptable use. You must not misuse the Service, attempt to access accounts or data that are not yours, probe or breach security, scrape or bulk-export content, resell or redistribute programs or materials, or use the Service unlawfully. We may suspend or terminate accounts that breach these Terms or present a security or payment risk.
8. Intellectual property. All training programs, videos, text, designs, software and materials are owned by us or our licensors and are licensed to you for your personal, non-commercial use only while your access is active. You receive no ownership rights. You retain ownership of the data you submit and grant us a licence to use it to operate and improve the Service, including to produce de-identified information as described in section 5 of our Privacy Policy. We do not use your identifiable personal or health information to train or fine-tune artificial intelligence models.
9. Coaching relationship. Program assignment, coach allocation, check-in cadence and features may be set by the package you purchase and may change. Results vary between individuals and are not guaranteed.
10. Third parties. We rely on third-party providers (e.g. Stripe for payments, our email provider for transactional email, and hosting/infrastructure providers). Your use may be subject to their terms.
11. Availability. We aim to keep the Service available but do not guarantee uninterrupted or error-free operation, and we may modify, suspend or discontinue features.
12. Changes to these Terms. We may update these Terms. If we make material changes we will re-prompt you to accept the new version. Continued use after an update means you accept it.
13. Termination. You may stop using the Service and close your account at any time. We may suspend or end access for breach, non-payment, or risk to the Service or other users. Clauses that by their nature should survive (IP, disclaimers, liability, governing law) survive termination.
14. Governing law and disputes. These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Melbourne, Victoria, Australia. We encourage you to contact us first at contact@ultimatestrengthandnutrition.com to resolve any dispute.
15. Contact. Questions about these Terms: contact@ultimatestrengthandnutrition.com.