Terms of Service

The service

FITLY is a personal training and coaching platform operated by Matthew Totton. It provides training programming, general fitness and nutrition education, habit tracking and progress monitoring, delivered alongside personal coaching. It is not a substitute for medical, dietetic, physiotherapy or psychological advice.

Not medical advice

Nutrition guidance is general education computed from standard public formulas, presented as a range, not a prescription. Any pain or symptom finding during a movement assessment results in a referral prompt, never a diagnosis. If you have a medical condition, consult a qualified professional before starting or changing a training or nutrition plan.

Your account

You're responsible for keeping your login details secure and for the accuracy of the health and fitness information you provide — programming decisions are made based on what you tell us. If a screening question flags something that calls for medical clearance, you confirm you will not begin or continue training until that clearance is obtained, and that what you tell us about your health, injuries and medical conditions is accurate and complete to the best of your knowledge.

No guarantee of results

FITLY provides training and nutrition guidance to a professional standard, but results depend on factors outside our control — your effort, consistency, health, genetics and circumstances among them. We do not guarantee any specific outcome, including weight loss, strength gain, body composition change or performance improvement.

Indemnity

You agree to indemnify FITLY against loss, claim or liability arising from your failure to disclose relevant health information, or from a misrepresentation you make about your health or fitness to participate, to the extent that failure or misrepresentation caused the loss. This does not apply to loss caused by FITLY's own negligence, and nothing here reduces any guarantee, right or remedy you have under the Australian Consumer Law.

Third-party connections

You may optionally connect a wearable device or health app. Doing so is entirely your choice, governed by that provider's own terms as well as this policy, and can be disconnected at any time from within the app. Payments are processed by Stripe, and digital products are delivered as self-guided material for your own independent use. Your relationship with any third-party service FITLY connects to — a payment processor, a wearable provider, or any other platform — is governed by that provider's own terms, and FITLY is not responsible for that service's availability, accuracy or performance.

Commitment and cooling-off

Coaching programs require a minimum 12-week commitment, which secures coaching capacity and discounted pricing — the full terms are set out in the signed coaching agreement. A 7-day cooling-off period applies from signing; services delivered during that period remain payable, and any cancellation during it must be in writing.

Pausing your coaching

Every client gets 2 free pause weeks per rolling 12-month period, with billing suspended in full. Beyond that, further pause weeks are available at $30/week, up to 4 additional weeks — a fee that reserves your time slot rather than a penalty. That is 6 weeks maximum in any 12-month period (2 free + 4 paid).

A pause requires 5 business days' written notice and is available once you are past your initial 12-week commitment. A documented medical or injury exception can apply within the first 12 weeks, assessed case by case with supporting documentation.

Rescheduling and late cancellation

You can reschedule or cancel a booked session yourself from the app. Moving or cancelling a session with at least 24 hours' notice carries no fee. Inside 24 hours, a late-cancellation fee may apply, charged through Stripe — this reserves the coaching time that was set aside for you rather than penalising a genuine change of plans. The fee is set as a genuine pre-estimate of the cost of holding that time slot for you, not a penalty for cancelling.

Digital products

Guides and programs bought from the shop are a separate, one-off purchase — not coaching, and not subject to the 12-week commitment, cooling-off period or pause system above. They are general educational material, delivered instantly into your account. As with any purchase, nothing here excludes, restricts or modifies any guarantee, right or remedy available to you under the Australian Consumer Law, including where a digital product fails to be of acceptable quality or fit for its described purpose.

Refund policy

Coaching fees are for the time, programming and attention reserved for you, whether or not every session is used. The table below summarises how refunds are handled — nothing here limits any guarantee, right or remedy you have under the Australian Consumer Law.

Referral credits

Referral credit is a discretionary account credit, not cash, and has no value outside FITLY coaching and products. It does not reduce your 12-week commitment and is applied at the coach's discretion against future invoices.

Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy available to you under the Australian Consumer Law or any other law that cannot lawfully be excluded.

Termination

Either of us can end the coaching relationship in line with the commitment, cooling-off, pause and refund terms set out above. FITLY may also suspend or end access for non-payment, a safety concern, or a breach of these terms. Ending the relationship does not affect fees already properly charged for coaching already delivered, or any right or remedy either of us already has.

Governing law

These terms are governed by the law of Victoria, Australia, and any dispute about them is subject to the non-exclusive jurisdiction of the courts of Victoria.

General

If any part of these terms is found to be unenforceable, the rest continues to apply. These terms, together with the liability waiver and privacy policy you also accept, are the entire agreement between you and FITLY about the service, and replace anything discussed beforehand that isn't written here.

Changes

These terms may be updated from time to time. Material changes will be reflected in a new version, which existing clients are asked to accept before it takes effect.

Contact

Questions about these terms can be sent to fitly4fitness@gmail.com.