Terms of Use

These Terms of Use (Terms) govern access to and use of the Personal Best Collective platform (Platform), operated by Glass House Solutions Pty Ltd ABN 54 695 829 380 (we, us, our). The Platform is a B2B SaaS coaching infrastructure tool designed for fitness and strength coaches. It provides program delivery, client management, and referral network functionality.

These Terms form a binding agreement between you and Glass House Solutions Pty Ltd. References to 'you' or 'User' mean the coach, business, or authorised representative accepting these Terms.

To use the Platform you must:

• be 18 years of age or older
• be operating as a fitness or strength coach, personal trainer, or related exercise professional
• have authority to bind the entity you represent, if you are registering on behalf of a business
• not be prohibited from using the Platform under Australian law or the laws of your jurisdiction

We reserve the right to refuse or terminate access to any User who does not meet these criteria.

You must register an account to access the Platform. When registering, you must provide accurate and complete information. You are responsible for keeping your account credentials secure and for all activity that occurs under your account.

You must notify us immediately at info@glasshousesolutions.com.au if you become aware of any unauthorised access to your account.

We may require identity or professional credential verification before granting or maintaining access. We may suspend or terminate any account where we have reasonable grounds to believe registration information is false or misleading.

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes as a coaching professional.

This licence does not include the right to:

• sublicense, resell, or commercially exploit the Platform or its outputs.
• copy, modify, adapt, or create derivative works of the Platform or its underlying software.
• reverse engineer, decompile, or attempt to extract source code.
• use the Platform to build a competing product or service.
• access the Platform by automated means (scraping, bots, crawlers) without our prior written consent.

We may update, modify, or discontinue features of the Platform at any time. Where a material change removes functionality that is core to the service you have paid for, we will provide reasonable notice.

5.1 Fee Structure

The Platform uses usage-based pricing. Fees are calculated based on the number of active clients managed through your account during each billing period.

5.2 Billing & Payment

Billing is managed via Stripe. By providing your payment details, you authorise us to charge fees to your nominated payment method in accordance with your selected plan and usage. All fees are in Australian dollars (AUD) unless otherwise stated.

Invoices are issued at the end of each billing period. Payment is due on the date specified in the invoice. We reserve the right to suspend access for overdue accounts after 7 days non-payment.

5.3 Taxes

All fees are exclusive of GST unless stated otherwise. Where GST applies, it will be added to the applicable fee and shown on your invoice.

5.4 Refunds

Fees are non-refundable except where required by the Australian Consumer Law (ACL) or where we have failed to deliver the service as described. If you believe you are entitled to a refund, contact us at info@glasshousesolutions.com.au within 30 days of the relevant charge.

5.5 Fee Changes

We will give you at least 30 days written notice before increasing fees. Continued use of the Platform after the notice period constitutes acceptance of the new fees. If you do not accept the new fees, you may terminate your account before the change takes effect.

6.1 Ownership

You retain ownership of all content, data, programs, and client information you upload or create through the Platform (Your Content). We do not claim any ownership interest in Your Content.

6.2 Licence to Us

By uploading Your Content, you grant us a limited, non-exclusive, royalty-free licence to host, store, process, and display Your Content solely to the extent necessary to provide the Platform to you. This licence ends when you delete the content or close your account, subject to our data retention obligations.

6.3 Your Responsibilities

You are responsible for ensuring that Your Content:

• does not infringe the intellectual property, privacy, or other rights of any third party.
• does not contain false, misleading, or deceptive information.
• complies with all applicable Australian laws, including laws governing the practice of health and fitness services.
• does not include any information that you are not authorised to share or process.

6.4 Media Storage

Video and media files are stored via AWS S3. Storage and delivery are subject to AWS infrastructure terms. We take reasonable steps to ensure availability and security but cannot guarantee uninterrupted access to stored media.

You may upload personal information about your clients (Client Data) to the Platform. In doing so, you represent and warrant that:

• you have obtained all necessary consents from your clients for the collection, processing, and storage of their personal information
• your collection and use of Client Data complies with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and any applicable state privacy laws
• you will not upload sensitive health information beyond what is reasonably necessary for delivering coaching services

We process Client Data on your behalf as a data processor. Our collection, use, and handling of all personal information (including Client Data) is governed by our Privacy Policy.

You acknowledge that the Platform may collect health-adjacent data (such as workout metrics, body composition inputs, and performance data). This data is classified as sensitive information under the Privacy Act and is handled accordingly.

The Platform includes a referral network feature that allows coaches to refer clients to other coaches within the Platform (Referral Network). By participating in the Referral Network, you agree that:

• referrals are made at your discretion and do not create any obligation on either party.
• you will not make false or misleading representations about other coaches or their services.
• you are responsible for the accuracy of any information you provide about coaches you refer to.

We are not a party to any arrangement between coaches and clients arising through the Referral Network. Any disputes between coaches or between a coach and a referred client are the responsibility of the parties to that arrangement.

You must not use the Platform to:

• engage in conduct that is unlawful, fraudulent, or deceptive
• provide medical diagnoses, prescribe medication, or hold yourself out as a medical practitioner through the Platform
• upload content that is defamatory, harassing, or that infringes the rights of others
• transmit malware, viruses, or other harmful code
• circumvent or interfere with Platform security, access controls, or usage monitoring
• use the Platform in a way that imposes an unreasonable or disproportionate load on our infrastructure
• access or attempt to access accounts or data belonging to other Users

All intellectual property in the Platform, including software, design, trademarks, and documentation, is owned by or licensed to Glass House Solutions Pty Ltd. Nothing in these Terms transfers ownership of that intellectual property to you.

'Personal Best Collective' and associated logos and marks are trademarks of Glass House Solutions Pty Ltd. You must not use these marks without our prior written consent.

If you provide feedback, suggestions, or ideas about the Platform, you grant us a perpetual, royalty-free licence to use that feedback for any purpose without obligation to you.

11.1 Australian Consumer Law

Our services come with guarantees under the ACL that cannot be excluded. Where the Platform is supplied to you as a consumer within the meaning of the ACL, you are entitled to a remedy under the ACL for a major failure. Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the ACL.

11.2 Limitation of Liability

To the maximum extent permitted by law, our total liability to you for any claim arising under or in connection with these Terms is limited to the fees paid by you to us in the 3 months preceding the event giving rise to the claim.

We are not liable for:

• indirect, incidental, consequential, or special loss or damage.
• loss of revenue, profits, data, or business opportunity.
• loss or corruption of Your Content or Client Data caused by events outside our reasonable control.
• service interruptions caused by third-party infrastructure (including Stripe or AWS).

11.3 Health and Fitness Disclaimer

The Platform operates in two capacities: as coaching infrastructure for coaches, and as a consumer-facing application through which end users (Clients) access coaching programs and content. The following disclaimer applies to both capacities.

For coaches using the Platform as infrastructure: the content, programs, and advice you create and deliver to your Clients through the Platform are your sole responsibility. You must ensure your services comply with all applicable professional standards and legal obligations, including those set by AUSactive and any relevant state or territory fitness industry codes of practice. We are not responsible for any injury, harm, or adverse outcome arising from coaching programs or services you deliver using the Platform.

For Clients accessing the Platform as a consumer application: participation in any exercise program carries inherent risk. You acknowledge that fitness and exercise activities can result in physical injury or adverse health effects. By using the Platform to access coaching programs, you accept these risks. We do not warrant that any program is suitable for your individual health circumstances. If you experience pain, discomfort, dizziness, or any adverse symptoms during exercise, stop immediately and seek medical attention.

You agree to indemnify, defend, and hold harmless Glass House Solutions Pty Ltd, its directors, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal costs) arising out of or in connection with:

• your use of the Platform.
• Your Content or Client Data.
• your breach of these Terms.
• your breach of any applicable law, including privacy laws and fitness industry obligations.
• any claim brought by a client of yours relating to coaching services you deliver through the Platform.

13.1 Term

These Terms apply from the date you create an account and continue until your account is terminated.

13.2 Termination by You

You may close your account at any time by contacting us at info@glasshousesolutions.com.au. Closure takes effect at the end of your current billing period. You remain liable for all fees incurred up to the date of closure.

13.3 Termination by Us

We may suspend or terminate your account immediately if:

• you breach these Terms and fail to remedy the breach within 7 days of written notice (or immediately where the breach cannot be remedied)
• you fail to pay outstanding fees after 7 days notice
• we are required to do so by law or a regulatory authority
• we determine, acting reasonably, that your use of the Platform poses a risk to other Users or to the Platform

13.4 Effect of Termination

On termination, your licence to use the Platform ends. You may request an export of Your Content within 30 days of termination. After 30 days, we may delete Your Content in accordance with our data retention policy. Clauses 6.1, 10, 11, 12, and 15 survive termination.

We may update these Terms from time to time. Where a change is material, we will notify you by email to the address on your account at least 30 days before the change takes effect. Non-material changes take effect immediately on posting.

Continued use of the Platform after the effective date of a change constitutes acceptance. If you do not accept a material change, you may terminate your account before the change takes effect.

15.1 Governing Law

These Terms are governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland.

15.2 Dispute Resolution

If a dispute arises, the parties must attempt to resolve it through good-faith negotiation before commencing legal proceedings. Either party may seek urgent interlocutory relief where appropriate.

15.3 Entire Agreement

These Terms, together with our Privacy Policy and any applicable order form or plan documentation, constitute the entire agreement between you and us in relation to the Platform and supersede all prior representations, discussions, and agreements.

15.4 Severability

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

15.5 No Waiver

A failure to exercise or delay in exercising a right under these Terms does not constitute a waiver of that right.

15.6 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a related entity or successor in connection with a sale or restructure of our business.

15.7 Force Majeure

We are not liable for any failure or delay in performance caused by events outside our reasonable control, including natural disasters, government action, telecommunications failures, or third-party service outages.

For questions about these Terms, contact:

Personal Best Collective is a product of Glass House Solutions Pty Ltd.