Published 16 October 2026 · Version 1.0
These provisions apply where the relevant law governs your use or our processing. They preserve mandatory local rights and take priority over any inconsistent general term.
1 Australia
Australian Consumer Law rights, including applicable service guarantees and remedies, are preserved. Health-risk acknowledgements do not replace our obligations to exercise legally required care or to avoid misleading claims. These terms do not provide a general release of liability for death or injury.
Where the Privacy Act and Australian Privacy Principles apply, we provide the applicable collection, access, correction, security, overseas-disclosure and complaint protections. Contact us about a privacy complaint; if unresolved, you may contact the Office of the Australian Information Commissioner at oaic.gov.au. These documents do not impose a separate recreational-services waiver.
State or territory health-information laws may provide additional protections, complaint routes or retention duties. We do not apply a blanket medical-record retention period to all app data merely because it concerns fitness.
2 European Economic Area
Where the GDPR applies, ARC INTELLIGENCE PTY LTD is the responsible controller for the processing it determines, with privacy enquiries at support@aifitness.com.au. A lawful basis is required for each purpose and an additional condition is required for health or other special-category information. Contact that address for applicable representative or data-protection contact information and to exercise your rights.
| Purpose | Applicable basis and limits |
|---|---|
| Ordinary account and requested service functions | Performance of the contract where objectively necessary to provide the requested service. |
| Optional health personalisation and cloud health AI | Specific consent under Article 6 and explicit consent under Article 9 for consent-based health personalisation. Contract alone does not supply the required health-data condition. |
| Security and proportionate fraud prevention | Our legitimate interests in protecting users and the service, where those interests are not overridden by your rights, or a relevant legal obligation. Health information requires a separate applicable condition. |
| Legal records and claims | The actual legal obligation or other applicable basis; retain health information only where a valid Article 9 condition also exists. |
| Marketing and optional tracking | Consent where required and the relevant national electronic-communications rules. |
You have the applicable rights to access, correction, erasure, restriction and portability, and to object, including an objection to direct marketing. You may withdraw consent without affecting earlier lawful processing. You may complain to your competent supervisory authority. We ordinarily respond within one month; any lawful extension must be explained within the original period. If solely automated decisions with legal or similarly significant effects are used, we provide the required safeguards and information; no such decision is authorised merely by these Terms.
Transfers outside the EEA use an applicable adequacy decision or other valid mechanism, such as appropriate contractual safeguards, together with assessments and additional protections where required. We do not claim that Australia has blanket EU adequacy or that accepting the Terms alone authorises routine international transfers.
Mandatory home-country consumer rights, remedies and permitted court access remain intact. Where a distance-contract withdrawal right applies, we provide the required information and method before purchase. Starting a continuing subscription does not automatically remove that right. Any early-performance request or digital-content exception must meet its own legal requirements.
Where the applicable digital-service rules govern changes beyond those necessary to maintain conformity, changes require a valid contractual reason, cost you nothing extra and must be clearly explained. For more than minor adverse effects on access or use, we provide advance information in a form you can retain and the applicable right to terminate without charge. We preserve any longer or more favourable remedy required by local law.
Coach AI is an automated AI system. For reports about hosted content or an account decision, contact support@aifitness.com.au with the content location and reasons for your report or appeal. Applicable intermediary-service rights to notices, reasons and review remain intact. You may request information about the legally required contact or representative arrangements through that address.
3 United States
Applicable state and federal consumer, privacy, health-data, security and breach-notification rights remain intact. AI Fitness is not represented as a HIPAA-covered healthcare provider merely because it handles health-related information. Whether HIPAA or another health-data rule applies depends on the relevant role and relationship; absence of HIPAA coverage does not remove other protections.
Where a state privacy law applies, the Privacy Notice and any required supplement must describe the applicable categories, purposes, recipients, retention and choices. We honour applicable access, deletion, correction, portability, appeal and advertising-related rights. We do not imply every state law uses the same thresholds or exemptions.
Our separate Consumer Health Data Notice addresses health-data handling and applicable state rights. Send a privacy request or appeal to support@aifitness.com.au; an authorised agent may contact us with evidence of authority where the law permits it. These Terms do not impose mandatory arbitration or a class-action waiver.
4 Other countries
Additional mandatory privacy, consumer, marketing, online-safety and other rights may apply in your country, including the United Kingdom. These Terms preserve those rights. Availability and features vary by market; contact support about the service offered in your location.