This agreement governs your subscription to the DefyCals coaching service. It is a legal agreement between you (“you”, “the Coach”) and Defycals Pty Ltd (ACN 699 740 246, ABN 99 699 740 246) (“DefyCals”, “we”, “us”), a company registered in New South Wales, Australia. By starting a subscription you agree to this agreement. It applies in addition to the DefyCals Terms of Service and Privacy Policy; if there is any inconsistency about the coaching subscription, this agreement prevails.
The subscription gives you access to the DefyCals coach console and the coach features of the DefyCals app — including a coach invite code, the ability to link with clients who redeem your code, and the ability to view the client information those clients choose to share and to exchange messages and files with them. Access to client information is limited by each client’s own sharing settings, and you can never access a client’s meal photos.
You must be at least 18 years old and able to enter into this agreement. You are an independent professional. DefyCals is a software tool only — we do not employ, supervise, endorse or verify coaches, and we are not a party to, and take no responsibility for, the coaching relationship between you and your clients. You are solely responsible for:
New coaches receive a 14-day free trial. If you do not cancel before the trial ends, your subscription automatically continues as a paid subscription and we charge the first fee. The free trial is available once per coach.
The subscription fee is A$100 per month, inclusive of GST where applicable, charged in Australian dollars. We will make a tax invoice available to you. We may change the fee, but we will give you at least 30 days’ notice before a change takes effect, and the new fee will apply from your next renewal after the notice period; if you do not agree, you may cancel before it takes effect.
Payment is processed by our payment provider, Stripe, using the card or other payment method you provide at checkout. By subscribing, you authorise us (through Stripe) to charge that payment method the subscription fee at the start of each billing period.
Your subscription renews automatically each month until you cancel. Renewal continues on the same terms unless we have given you notice of a change under clause 4. You may cancel at any time to stop future renewals (see clause 7).
If a payment fails, we may retry it and may suspend your access to the coach features until payment succeeds. You remain responsible for fees for any period in which your subscription was active. We will not charge a payment method you have validly removed or replaced.
You can cancel your subscription at any time from the coach console (or by emailing support@defycals.com). Cancellation stops future renewals. Your access continues until the end of the period you have already paid for, after which the coach features are switched off. We do not provide pro-rata refunds for the remainder of a paid month, except where required by the Australian Consumer Law (see clause 9).
If your subscription is cancelled, lapses or is suspended, you will be unable to onboard new clients. To avoid disrupting clients mid-program, existing client links are not severed immediately; you may retain limited read access for a short grace period, after which coach access ends. Clients can unlink from you or move to another coach at any time.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that services will be provided with due care and skill and be reasonably fit for purpose. Nothing in this agreement excludes, restricts or modifies those guarantees or any other right or remedy you have that cannot be excluded by law. Apart from the free trial and your rights under the Australian Consumer Law, subscription fees are non-refundable.
Through the service you may access personal and health-related information about your clients. You must:
How DefyCals handles personal information is described in our Privacy Policy. You are responsible for your own handling of client information once it is shared with you.
Nothing in this agreement creates any employment, agency, partnership or joint venture between you and DefyCals. You are not authorised to act for, or bind, DefyCals.
You must not misuse the service, including by attempting to disrupt it, circumvent the subscription or entitlement checks, access data that is not yours, or use the service for any unlawful, harmful or misleading purpose. You must not use client information for marketing or any purpose unrelated to coaching that client without their consent.
DefyCals and its licensors own all intellectual property in the app, the coach console and the DefyCals brand. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the service for your coaching business while your subscription is active. You retain ownership of the content you create; you grant us a limited licence to process it to provide the service.
Subject to clause 9, and to the maximum extent permitted by law, the service is provided “as is” and “as available”, without warranties of any kind, including as to accuracy, availability or fitness for a particular purpose. The client information shown to you is provided by clients and their devices, and we do not warrant its accuracy or completeness.
Subject to clause 9, and to the maximum extent permitted by law: we are not liable for any indirect, incidental, special or consequential loss (including lost profits, lost clients or lost data); we are not liable for the coaching you provide or for your clients’ outcomes; and our total liability arising from or in connection with this agreement is limited to the subscription fees you paid us in the 12 months before the event giving rise to the liability. Nothing in this clause limits liability that cannot be limited by law.
You indemnify DefyCals against loss, claims and costs arising from your breach of this agreement, your coaching advice or conduct, or your handling or misuse of client information — except to the extent the loss is caused by our own negligence or breach.
We may suspend or terminate your access if you breach this agreement, fail to pay, use the service unlawfully, or where continued access poses a risk to clients or the service. You may stop using the service and cancel at any time under clause 7. Clauses that by their nature should survive (including clauses 9, 10 and 13–16) continue after termination.
We may update this agreement as the service evolves or as the law changes. We will update the “Last updated” date above and, for significant changes, take reasonable steps to notify you. Continued use after a change takes effect constitutes acceptance.
This agreement is governed by the laws of New South Wales and the Commonwealth of Australia, and you and we submit to the exclusive jurisdiction of the courts of New South Wales. If a dispute arises, please contact us first at support@defycals.com so we can try to resolve it in good faith before any court proceedings.
Defycals Pty Ltd
Billing & support: support@defycals.com