Terms of Service
These Terms of Service (Terms) govern your access to and use of the Simma platform, including the website at www.getsimma.com and all related applications, services and tools (Platform), operated by Butler88 Pty Ltd ACN 653 388 157 (we, us, our).
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
Eligibility
You must be at least 18 years of age to create an account and use the Platform. If you are under 18, you may only use the Platform with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
Your Account
To access certain features of the Platform, you may be required to create an account. You agree to provide accurate, current and complete information during registration and to keep your account information up to date.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately if you become aware of any unauthorised use of your account.
Use of the Platform
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your personal, non-commercial purposes, subject to these Terms. You agree not to:
- use the Platform for any unlawful purpose or in violation of any applicable law;
- copy, modify, distribute, sell or lease any part of the Platform;
- reverse-engineer or attempt to extract the source code of the Platform;
- use any automated system (including bots, scrapers or spiders) to access the Platform;
- interfere with or disrupt the integrity or performance of the Platform; or
- attempt to gain unauthorised access to any part of the Platform or its related systems.
Training Data and Content
You retain ownership of any data, content or information you submit to the Platform (Your Content), including training session data, activity logs and personal metrics.
By submitting Your Content, you grant us a worldwide, royalty-free, non-exclusive licence to use, process, store and display Your Content solely for the purpose of operating and improving the Platform and providing our services to you.
We may use anonymised and aggregated data derived from Your Content for research, analytics and product improvement purposes. Such data will not identify you personally.
Health and Fitness Disclaimer
The Platform provides training analytics, insights and suggestions powered by artificial intelligence. This information is for general informational purposes only and does not constitute medical advice, diagnosis or treatment.
You should always consult a qualified healthcare professional before starting any new exercise programme or making changes to your training based on information provided by the Platform. You use the Platform and act on its recommendations at your own risk.
Intellectual Property
All intellectual property rights in the Platform, including but not limited to the software, design, text, graphics, logos and trademarks, are owned by or licensed to us. Nothing in these Terms grants you any right, title or interest in our intellectual property except the limited licence set out above.
Fees and Payment
Certain features of the Platform may require payment of fees. All fees are stated in the currency specified on the Platform and are inclusive of GST where applicable. We reserve the right to change our fees at any time with reasonable notice.
If you subscribe to a paid plan, your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings.
Termination
We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. You may also terminate your account at any time by contacting us.
Upon termination, your right to use the Platform will immediately cease. Any provisions of these Terms that by their nature should survive termination will continue to apply.
Limitation of Liability
To the maximum extent permitted by law, we exclude all liability for any loss, damage, cost or expense (whether direct, indirect, incidental, special or consequential) arising from or in connection with your use of the Platform, including but not limited to:
- any injury, illness or health issue arising from reliance on information provided by the Platform;
- any loss of data or interruption to service;
- any errors, inaccuracies or omissions in the content or analytics provided; and
- any unauthorised access to or alteration of your data.
Where our liability cannot be excluded by law, our total aggregate liability to you is limited to the amount you have paid us in the 12 months preceding the claim.
Indemnity
You agree to indemnify and hold us harmless from any claim, demand, loss, liability, cost or expense (including reasonable legal fees) arising out of or in connection with your use of the Platform, your breach of these Terms or your violation of any applicable law.
Disclaimers
The Platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied or statutory, including any warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that the Platform will be uninterrupted, secure, error-free or free of viruses or other harmful components.
Governing Law
These Terms are governed by the laws of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Australia for the resolution of any dispute arising under or in connection with these Terms.
Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Platform with a revised effective date. Your continued use of the Platform after any changes constitutes your acceptance of the updated Terms.
Contact Us
If you have any questions about these Terms, please contact us at: