By downloading, installing, or using the Bout-It mobile application (the "App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms form a legally binding agreement between you and NX Health Pty Ltd (ABN: 40 681 555 411) ("Bout-It", "we", "us", or "our"), a company registered in Western Australia, Australia.

We may update these Terms from time to time. We will notify you of material changes through the App or by email. Continued use of the App after changes are posted constitutes your acceptance of the updated Terms.

You must be at least 18 years of age to create an account or use the App. By registering, you confirm that you are 18 years of age or older.

By using the App, you represent and warrant that:

• You are at least 18 years old;
• You have the legal capacity to enter into these Terms;
• You are not prohibited from using the App under any applicable law; and
• All registration information you provide is accurate, current, and complete.

• We reserve the right to suspend or terminate any account where we have reason to believe the user does not meet these eligibility requirements.

To use Bout-It, you must create an account. Account registration is currently conducted via supported sign-in providers including Sign in with Apple. By registering, you authorise Bout-It to receive your account credentials from the relevant sign-in provider in accordance with that provider's terms of service. You may also be asked to provide additional details such as your username, mobile number, date of birth, and other information to complete your profile. You are responsible for maintaining the confidentiality of your account credentials.

You agree to:

• Provide accurate and truthful registration information;
• Keep your account credentials secure and not share them with any third party;
• Notify us immediately at admin@boutit.com.au if you suspect any unauthorised access to your account; and
• Accept responsibility for all activity that occurs under your account.

• We reserve the right to suspend or terminate accounts that we determine, in our sole discretion, have provided false or misleading information.

Bout-It is a fitness accountability platform that enables users to form private groups, track workout activity, participate in Crown Challenges, and support each other through structured accountability mechanics.

• 4.1 Groups: Groups on Bout-It are private and invite-only. You may only join a group if you have been invited by an existing group member or administrator. Group administrators have the ability to invite and remove members from their group. If you are removed from a group by a group administrator, you will lose access to that group's content. Content you have previously shared within that group may remain visible to other group members.
• 4.2 Workout Stories and Content: Users may post workout stories, including photos and videos, as proof of completed workouts. This content is visible to members of your group(s). The default standard is a minimum of 4 workouts per week. By posting content, you grant Bout-It and your group members the right to view that content within the platform.
• 4.3 Streaks, Points, and Progress Metrics: Bout-It tracks your workout streaks, points ladder position, and progress metrics based on activity you log within the App. These metrics are visible to members of your groups and form part of the gamified accountability experience.
• 4.4 Crown Challenges: Crown Challenges are group-based accountability events created by the elected Crown Champion. Participation and completion of Crown Challenges is tracked within the App. The Crown Champion is determined by peer vote from group members each week. Crown Challenge results and Crown Champion votes are final and cannot be disputed.
• 4.5 Bench Status: Users may be placed on "bench" status automatically as a result of missed workout activity against the group's weekly standard. Group administrators have the ability to manually remove a user from bench status. Bench status is visible to all members of your group and is a feature of the platform's accountability mechanics, not a punitive measure.
• 4.6 Voting: Certain features within Bout-It, including Crown Champion determination, are decided by peer vote among group members. Votes are conducted within the App and outcomes are final and binding within the platform.
• 4.7 Daily Task: Users can set a weekly daily tasks plan within the App. This weekly plan is visible to other group members and forms the basis of accountability tracking for that week.

You agree to use Bout-It in a lawful, respectful, and responsible manner. When using the App, including its messaging, commenting, story, and content sharing features, you must not:

• Post, share, or distribute nudity, sexually explicit content, or graphic imagery of any kind;
• Make threats, engage in harassment, bully, or use threatening or violent language directed at any person;
• Post content that is defamatory, abusive, hateful, or discriminatory on the basis of race, gender, religion, sexual orientation, disability, or any other characteristic;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Share content that infringes any third-party intellectual property, privacy, or other rights;
• Use the App for any unlawful purpose or in violation of any applicable Australian or international law;
• Attempt to gain unauthorised access to any part of the App or its underlying infrastructure; or
• Introduce malware, viruses, or other harmful or disruptive code into the App.

• We reserve the right to remove content and/or suspend or terminate accounts that violate these conduct standards, at our sole discretion and without prior notice.

You retain ownership of the content you create and share on Bout-It, including photos, videos, workout stories, and messages ("User Content").

By submitting User Content to the App, you grant NX Health Pty Ltd a non-exclusive, royalty-free, worldwide licence to store, display, and transmit that content solely for the purpose of operating and providing the App and its features.

You represent and warrant that:

• You own or have the necessary rights to submit the User Content;
• Your User Content does not violate the rights of any third party; and
• Your User Content complies with these Terms and all applicable laws.

• We use GetStream.io to power our messaging and chat features. GetStream provides content moderation tools including profanity filtering, content flagging, and user blocking. We conduct manual review of reported content within 24 hours. To report content or a user, please contact admin@boutit.com.au.

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the collection and use of your information as described in the Privacy Policy.

Our Privacy Policy is available at https://boutit.com.au/privacy and within the App.

Bout-It uses the following third-party services to operate:

These third-party services are governed by their own terms of service and privacy policies. We are not responsible for the practices of these providers. Your use of the App constitutes acknowledgment that these services may process your data as described in our Privacy Policy.

• Firebase (Google): user authentication and push notifications;
• GetStream.io: real-time messaging, chat, and content moderation; and
• Google Cloud / AWS: cloud storage for media files.

All intellectual property in the App, including but not limited to the Bout-It name, logo, interface design, software, and content created by us, is owned by or licensed to NX Health Pty Ltd. Nothing in these Terms grants you any right to use our intellectual property other than to use the App in accordance with these Terms.

You must not reproduce, modify, distribute, or create derivative works from any part of the App without our prior written consent.

Bout-It is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The App will be uninterrupted, error-free, or free of viruses or other harmful components;
• The results obtained from use of the App will be accurate or reliable; or
• Any defects or errors will be corrected.

• Bout-It is a fitness accountability and social platform. It is not a medical service, health service, or personal training service. Nothing in the App constitutes medical, dietary, or professional fitness advice. You should consult a qualified health professional before beginning any fitness programme.

To the maximum extent permitted by the Australian Consumer Law and other applicable legislation, NX Health Pty Ltd, its directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of revenue, or loss of goodwill, arising out of or in connection with your use of the App.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.

You may delete your account at any time from within the App. Account deletion removes your personal data from Bout-It in accordance with our Privacy Policy. Some anonymised or aggregated data may be retained.

We reserve the right to suspend or terminate your account at any time if we determine, in our sole discretion, that you have violated these Terms, engaged in conduct harmful to other users, or acted in a manner inconsistent with the spirit of the platform.

Upon termination, your right to use the App ceases immediately. Content you have previously shared within groups may remain visible to other group members.

These Terms are governed by the laws of Western Australia, Australia. Any disputes arising under or in connection with these Terms are subject to the exclusive jurisdiction of the courts of Western Australia.

Before initiating any formal legal proceedings, we encourage you to contact us at admin@boutit.com.au so we can attempt to resolve the matter informally.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NX Health Pty Ltd with respect to your use of the App.