MOBILE APP TERMS AND CONDITIONS OF USE
1. About the Application
(a) Welcome to Inzer (Application). The Application is an AI-powered fitness technology platform (Services) designed to deliver personalised fitness insights, workout tracking, and health intelligence through gym equipment integrations (Quantum) and mobile QR code access (Pro).
(b) The Application is operated by Inzer Pty Ltd (ACN 669 683 765). Access to and use of the Application, or any of its associated Products or Services, is provided by Inzer Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or downloading the Application, you signify that you have read, understood and agree to be bound by these Terms. If you do not agree with the Terms, you must cease usage of the Application immediately.
(c) Inzer Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Inzer Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice. Any changes to the Terms take immediate effect from the date of their publication. We recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by using or accessing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface.
3. Registration to Use the Services
(a) In order to access the Services, you must first register for an account through the Application (Account).
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information including:
(i) Email address
(ii) Preferred username
(iii) Telephone number
(iv) Password
(v) Fitness and health information
(vi) Date of birth (for age verification and health personalisation)
(c) You warrant that any information you give to Inzer Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
(d) Once you have completed the registration process, you will be a registered member of the Application (Member) and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if: (i) you are not of legal age to form a binding contract with Inzer Pty Ltd; or (ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your Obligations as a Member
(a) As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person or third party is strictly prohibited. You agree to immediately notify Inzer Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(iv) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Inzer Pty Ltd providing the Services;
(v) you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Inzer Pty Ltd;
(vi) you will not use the Services or Application for any illegal and/or unauthorised use including collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services;
(viii) you acknowledge and agree that any automated use of the Application or its Services is prohibited; and
(ix) you will not provide false fitness or health data in a manner that could mislead AI-generated health insights or endanger yourself or others.
5. Payment
(a) Payments made in the course of your use of the Services may be processed through Stripe, PayPal, or other payment providers as notified to you within the Application from time to time. By making a payment, you warrant that you have read and agree to be bound by the terms and conditions of the applicable payment provider.
(b) You acknowledge and agree that where a request for payment of the Services Fee is returned or denied for whatever reason, or is unpaid by you for any other reason, you are liable for any associated costs including banking fees and charges.
(c) You agree and acknowledge that Inzer Pty Ltd can vary the Services Fee at any time, with reasonable notice provided to you.
(d) For business customers (gyms and fitness operators) accessing Services under a B2B arrangement, separate commercial terms will apply as set out in the relevant service agreement.
6. Refund Policy
(a) Inzer Pty Ltd will only provide you with a refund of the Services Fee in the event it is unable to continue to provide the Services or if the management of Inzer Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).
(b) Any benefits set out in these Terms may apply in addition to consumer rights under the Australian Consumer Law.
7. Health and Fitness Disclaimer
(a) The Inzer platform provides fitness tracking, AI-driven workout recommendations, and health intelligence features. These are provided for general informational and motivational purposes only and do not constitute medical advice, diagnosis or treatment.
(b) You should consult a qualified healthcare professional before starting any new exercise program, particularly if you have a pre-existing medical condition, injury, or health concern.
(c) Inzer Pty Ltd and its affiliates are not liable for any injury, loss or damage arising from your use of health or fitness recommendations provided by the platform.
8. Copyright and Intellectual Property
(a) The Application, the Services and all related products of Inzer Pty Ltd are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements, AI models, data sets, and interactive features) are owned or controlled by Inzer Pty Ltd or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Inzer Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to: (i) use the Application pursuant to the Terms; (ii) copy and store the Application and the material contained in the Application in your device's cache memory; and (iii) print pages from the Application for your own personal and non-commercial use. Inzer Pty Ltd does not grant you any other rights in relation to the Application or the Services.
(c) Inzer Pty Ltd retains all rights, title and interest in and to the Application and all related Services, including all AI models, algorithms, and derived analytics.
(d) You may not, without the prior written permission of Inzer Pty Ltd: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose.
9. Privacy
Inzer Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Inzer Pty Ltd's Privacy Policy, which is available at www.inzer.com.au and within the Application. Our Privacy Policy explains how we collect, use and protect your personal information, including sensitive health and fitness data.
10. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law: (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (ii) Inzer Pty Ltd will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you on an 'as is' and 'as available' basis without warranty or condition of any kind.
11. Limitation of Liability
(a) Inzer Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you or the fees paid by you in the preceding 12 months, whichever is greater.
(b) You expressly understand and agree that Inzer Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
12. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for commercial gain, then you are a competitor of Inzer Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Inzer Pty Ltd will hold you fully responsible for any losses we sustain and hold you accountable for all profits you make from such breach.
13. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Inzer Pty Ltd as set out below.
(b) If you want to terminate the Terms, you may do so by: (i) providing Inzer Pty Ltd with 30 days' notice of your intention to terminate; and (ii) closing your accounts for all of the Services which you use, where Inzer Pty Ltd has made this option available to you. Your notice should be sent in writing to Inzer Pty Ltd via the 'Contact Us' link on our homepage.
(c) Inzer Pty Ltd may at any time terminate the Terms with you if: (i) you have breached any provision of the Terms or intend to breach any provision; (ii) Inzer Pty Ltd is required to do so by law; or (iii) the provision of the Services to you by Inzer Pty Ltd is, in the opinion of Inzer Pty Ltd, no longer commercially viable.
(d) Subject to local applicable laws, Inzer Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms.
14. Indemnity
You agree to indemnify Inzer Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content; (b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or (c) any breach of the Terms.
15. Dispute Resolution
15.1 Compulsory
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
15.2 Notice
A party claiming a dispute has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute.
15.3 Resolution
On receipt of that notice, the parties must: (a) within 28 days endeavour in good faith to resolve the dispute by negotiation or such other means upon which they may mutually agree; (b) if the dispute is not resolved within 28 days of the notice, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association and the Resolution Institute; (c) the parties are equally liable for the fees and reasonable expenses of a mediator; and (d) the mediation will be held in Sydney, Australia.
15.4 Confidential
All communications concerning negotiations arising out of and in connection with this dispute resolution clause are confidential and must be treated as 'without prejudice' negotiations.
15.5 Termination of Mediation
If 2 months have elapsed after the start of a mediation and the dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
16. Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be the courts of New South Wales, Australia.
17. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia.
18. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
13. Contact Us
For any privacy-related enquiries, please contact:
Inzer Pty Ltd
Email: info@inzer.com.au
Australia: Unit 3, 44 Ramsgate Avenue, Bondi Beach NSW 2026
Pakistan: Office No. 111, 1st Floor, Evacuee Trust Building, Agha Khan Road, F-5/1, Islamabad.