Terms of Use

Plain English Summary

These Terms of Use explain the rules for using the ProPlannr Platform.

They cover:

• who can use ProPlannr;
• how subscriptions work;
• your rights and responsibilities;
• our intellectual property;
• acceptable use of the Platform;
• AI-assisted features;
• payment and cancellation;
• liability and dispute resolution.

By creating an account or using ProPlannr, you agree to these Terms and the policies that form part of them.

1. Welcome

Welcome to ProPlannr.

Thank you for choosing ProPlannr to support your Pilates programming and planning.

Our mission is simple: to help Pilates professionals spend less time planning and more time teaching.

These Terms of Use ("Terms") govern your access to and use of the ProPlannr Platform, including our website, software, applications, content and related services (collectively, the Platform).

We have written these Terms in plain English because we believe legal documents should be understandable, transparent and fair.

By creating an account, accessing or using the Platform, you confirm that you have read, understood and agree to these Terms, together with the policies incorporated into them.

If you do not agree, you must not use the Platform.

2. About ProPlannr

ProPlannr is operated by Plannr Pty Ltd, trading as ProPlannr ("ProPlannr", "we", "our" or "us").

Registered Office

Plannr Pty Ltd, 301 Keira Street, Wollongong NSW 2500, Australia

Support

support@proplannr.com

For general enquiries, please use the contact details published on our website.

3. Our Commitment

ProPlannr is designed to support Pilates professionals through thoughtful, efficient and organised programming.

We are committed to:

• Building software that saves instructors time.
• Providing a secure and reliable Platform.
• Respecting your privacy and personal information.
• Operating transparently and ethically.
• Continuously improving the Platform through customer feedback and innovation.

While we strive to provide a reliable service, no software platform is perfect. These Terms explain our respective rights and responsibilities when using ProPlannr.

4. Definitions

In these Terms, unless the context requires otherwise:

• Account means the registered user account created to access the Platform.
• Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales, Australia.
• Content means all text, graphics, images, videos, software, templates, documentation, exercise information, audio, designs, layouts and other material made available through the Platform.
• Customer means the individual or legal entity that purchases or subscribes to the Services.
• Exercise Library means ProPlannr's proprietary collection of exercises, descriptions, images, videos and related educational material.
• Founding Member means a customer who subscribes under the Founding Membership offer and remains eligible while maintaining an active subscription.
• Personal Information has the meaning given under the Privacy Act 1988 (Cth) and includes "Personal Data" where applicable under the GDPR or UK GDPR.
• Platform means the ProPlannr website, software application, databases, APIs, content, features and all related services provided by ProPlannr.
• Program means any class plan, exercise sequence, template, note or programming material created by a User using the Platform.
• Services means the subscription services, software functionality and associated support provided by ProPlannr.
• Subscription means a paid or trial licence granting access to the Platform under a selected pricing plan.
• User means any individual authorised to access or use the Platform under an Account.
• User Content means any content created, uploaded, entered or stored by a User within the Platform, including Programs, notes, templates and comments.

5. Acceptance of These Terms

These Terms form a legally binding agreement between you and ProPlannr.

By creating an Account, accessing the Platform or using any part of the Services, you agree to be bound by:

• these Terms of Use;
• our Privacy Policy;
• our Cookie Policy;
• our Health & Safety Disclaimer;
• our Cancellation & Subscription Policy;
• our Acceptable Use Policy;
• our Copyright & Intellectual Property Policy;
• our AI & Content Usage Policy; and
• our Data Processing Addendum (where applicable).

These documents are incorporated into these Terms by reference and together form the agreement governing your use of the Platform.

If there is any inconsistency between these Terms and another policy, these Terms prevail unless the other policy expressly states otherwise.

If you are accepting these Terms on behalf of a company, partnership or other organisation, you represent and warrant that you have the authority to bind that entity to these Terms.

6. Eligibility

To use the Platform, you must:

• be at least eighteen (18) years of age;
• have the legal capacity to enter into a legally binding agreement;
• provide accurate, current and complete registration information;
• maintain and promptly update your account information where necessary; and
• comply with these Terms and all applicable laws.

If you are registering or using the Platform on behalf of a business, company, studio or other organisation, you represent and warrant that you have authority to bind that organisation to these Terms.

We may refuse registration or suspend access where we reasonably believe these eligibility requirements have not been met.

7. Your Account

To access certain features of the Platform, you must create an Account.

You agree to:

• provide truthful and accurate information during registration;
• keep your login credentials secure and confidential;
• use a strong password and take reasonable steps to protect your Account;
• notify ProPlannr immediately if you suspect unauthorised access or a security breach; and
• ensure that all activity conducted through your Account complies with these Terms.

You are responsible for all activity that occurs through your Account unless such activity results directly from our negligence or a security incident for which we are legally responsible.

Account Sharing

Unless your Subscription expressly permits multiple authorised users (such as an enterprise or studio licence), your Account is personal to you.

You must not:

• share login credentials;
• allow another person to use your Account;
• transfer or sell your Account; or
• impersonate another person or organisation.

8. Subscription Plans & Billing

ProPlannr is provided on a subscription basis.

Subscription plans, features and pricing are published on our website and may be updated from time to time.

Subscriptions may include:

• monthly plans;
• annual plans;
• promotional offers;
• Founding Membership offers;
• beta access programmes; and
• other plans introduced by ProPlannr.

Payment is due in advance for each billing period.

Payments are securely processed through Stripe.

By purchasing a Subscription, you authorise the relevant payment provider to automatically charge your nominated payment method for recurring subscription fees until your Subscription is cancelled.

Detailed billing arrangements are set out in the Cancellation & Subscription Policy.

9. Free Trial & Founding Membership

7-Day Free Trial

Eligible new customers may receive a seven (7) day free trial.

Unless otherwise stated:

• a valid payment method may be required to commence a trial;
• no charge will be applied until the trial period expires; and
• your Subscription will automatically convert to a paid Subscription at the end of the trial unless cancelled beforehand.

Free trials are limited to one per customer unless ProPlannr determines otherwise.

Founding Membership

Founding Membership is a limited introductory offer available only to the first one hundred (100) eligible subscribers.

Founding Membership includes:

• subscription pricing of AUD $29.95 per month;
• access to all features included in the Founding Membership plan; and
• eligibility for additional Founding Member benefits announced from time to time.

Founding Membership is:

• personal to the original subscriber;
• non-transferable; and
• available only while the Subscription remains active and payments remain current.

If a Founding Member cancels their Subscription or allows it to lapse, Founding Membership pricing and associated benefits are forfeited.

Any future Subscription will be charged at the standard pricing available at that time.

Once all one hundred (100) Founding Memberships have been allocated, the offer will close.

10. Licence to Use the Platform

Subject to these Terms and your compliance with them, ProPlannr grants you a limited, revocable, non-exclusive and non-transferable licence to access and use the Platform during your active Subscription.

This licence permits you to use the Platform solely for your own lawful business or professional purposes associated with Pilates programming and class planning.

This licence does not permit you to:

• copy or reproduce the Platform;
• create derivative works based on the Platform;
• reverse engineer, decompile or disassemble any part of the Platform except where permitted by law;
• resell, sublicense or commercially exploit the Platform without our prior written consent;
• remove or alter copyright notices or proprietary markings; or
• use the Platform to create or support a competing software product.

All rights not expressly granted under these Terms are reserved by ProPlannr.

Nothing in these Terms transfers ownership of any intellectual property rights to you.

11. Platform Updates

To improve the Platform, ProPlannr may:

• release new features;
• modify existing functionality;
• improve security;
• correct errors;
• remove obsolete features; and
• introduce new subscription tiers.

We may also release beta features from time to time.

While we aim to minimise disruption, some updates may temporarily affect availability or functionality.

Where reasonably practicable, we will provide advance notice of planned maintenance or changes likely to have a material impact on customers.

12. Professional Responsibility

ProPlannr is a planning and programming platform designed to support qualified Pilates professionals.

The Platform assists with organising, creating and managing Pilates programs. It does not replace professional education, clinical reasoning, professional judgement or appropriate client assessment.

Users remain solely responsible for:

• assessing the suitability of exercises for individual clients;
• modifying programs where appropriate;
• complying with professional standards, regulatory obligations and insurance requirements;
• obtaining informed consent where required; and
• exercising independent professional judgement at all times.

Nothing within the Platform should be interpreted as medical, physiotherapy or healthcare advice.

13. Pregnancy, Rehabilitation and Clinical Populations

The Platform may include educational content or programming examples relating to pregnancy, rehabilitation or other specialised populations.

Such content is provided for general educational purposes only.

Users are responsible for determining whether any exercise, progression or modification is appropriate for an individual client based on:

• health history;
• current presentation;
• contraindications;
• professional assessment; and
• relevant clinical guidance.

ProPlannr accepts no responsibility for decisions made by Users when applying programming within their professional practice.

Further information is provided in the Health & Safety Disclaimer.

14. User Content

You retain ownership of any User Content that you create or upload to the Platform.

This includes, but is not limited to:

• class plans;
• programming notes;
• templates;
• client-independent programming resources;
• comments; and
• other materials created by you.

By uploading or creating User Content within the Platform, you grant ProPlannr a non-exclusive, worldwide, royalty-free licence to host, store, process, reproduce and display that content solely for the purpose of:

• operating the Platform;
• providing the Services;
• maintaining backups;
• improving functionality; and
• complying with legal obligations.

We do not claim ownership of your User Content.

You are responsible for ensuring that any content you upload:

• complies with applicable laws;
• does not infringe the intellectual property rights of others;
• is not defamatory, offensive or unlawful; and
• does not contain malicious code or harmful software.

As part of ProPlannr's design philosophy, the Platform is not intended to store client health records or sensitive clinical records. Users should not upload confidential patient records or other sensitive health information into the Platform.

15. Intellectual Property

The Platform and all associated intellectual property remain the exclusive property of ProPlannr or its licensors.

This includes, without limitation:

• software;
• source code;
• databases;
• designs;
• branding;
• logos;
• graphics;
• templates;
• educational materials;
• the Exercise Library;
• AI workflows;
• documentation;
• videos;
• images; and
• the ProPlannr Knowledge Base.

Nothing in these Terms transfers ownership of ProPlannr's intellectual property to you.

You must not copy, distribute, reproduce, modify, adapt, sell or commercially exploit any part of the Platform except where expressly permitted in writing by ProPlannr.

Further information is contained in the Copyright & Intellectual Property Policy.

16. Acceptable Use

You agree to use the Platform responsibly and in accordance with these Terms.

You must not:

• use the Platform for unlawful purposes;
• interfere with the security or operation of the Platform;
• attempt to gain unauthorised access to any system or account;
• upload viruses or malicious software;
• scrape, harvest or extract data without permission;
• misuse AI functionality;
• infringe intellectual property rights;
• impersonate another person or organisation; or
• use the Platform in any manner that may damage ProPlannr or other users.

We may suspend or terminate access where we reasonably believe these Terms have been breached.

Further information is available in the Acceptable Use Policy.

17. Artificial Intelligence Features

ProPlannr may provide AI-assisted functionality to help Users develop ideas, organise programming and improve workflow efficiency.

AI-generated content:

• is intended as an assistive tool only;
• should always be reviewed by the User;
• does not replace professional expertise or independent judgement; and
• may occasionally produce inaccurate or incomplete information.

Users remain solely responsible for reviewing and approving any content generated with AI before applying it in practice.

ProPlannr does not warrant that AI-generated outputs will always be accurate, complete or suitable for any particular purpose.

Further information is contained in the AI & Content Usage Policy.

18. Privacy

Your privacy is important to us.

Our collection, use, storage and disclosure of Personal Information is governed by our Privacy Policy.

By using the Platform, you acknowledge that we may collect and process Personal Information in accordance with our Privacy Policy and applicable privacy laws.

You are responsible for ensuring that any information you enter into the Platform complies with all applicable privacy and confidentiality obligations.

As outlined throughout the Platform, ProPlannr is not designed for the storage of client health records or sensitive clinical information.

19. Third-Party Services

The Platform may integrate with or rely upon third-party services to provide certain functionality.

These services may include payment processors, analytics providers, hosting providers, authentication services and other technology partners.

Use of third-party services may also be subject to the terms and privacy policies of those providers.

ProPlannr is not responsible for the availability, accuracy or operation of third-party services beyond our reasonable control.

20. Availability of the Platform

We aim to provide a reliable and secure Platform.

However, we do not guarantee uninterrupted or error-free access at all times.

Access may occasionally be affected by:

• scheduled maintenance;
• security updates;
• software upgrades;
• internet outages;
• third-party service interruptions; or
• events beyond our reasonable control.

Where reasonably practicable, we will provide advance notice of planned maintenance that may materially affect availability.

21. Warranties and Disclaimers

To the maximum extent permitted by law:

• the Platform is provided on an "as available" and "as is" basis;
• we do not warrant that the Platform will always be uninterrupted, error-free or free from defects;
• we do not guarantee that the Platform will meet every individual User's requirements.

Nothing in these Terms excludes, restricts or modifies any consumer guarantees or other rights that cannot lawfully be excluded under the Australian Consumer Law.

22. Limitation of Liability

To the maximum extent permitted by law, ProPlannr is not liable for any indirect, incidental, consequential, special or exemplary loss or damage arising from or relating to:

• use of the Platform;
• inability to access the Platform;
• reliance on Platform content;
• AI-generated outputs;
• interruption of business;
• loss of profits;
• loss of goodwill;
• loss of data; or
• third-party service interruptions.

Where liability cannot be excluded by law, our liability is limited to the remedies available under the Australian Consumer Law or, where permitted, to the amount paid by you for the relevant Subscription during the twelve (12) months preceding the claim.

23. Indemnity

You agree to indemnify and hold harmless ProPlannr, its directors, officers, employees and contractors against any loss, liability, damage, cost or expense (including reasonable legal costs) arising from:

• your breach of these Terms;
• unlawful use of the Platform;
• infringement of another person's intellectual property rights;
• misuse of AI-generated content; or
• your negligent or wrongful conduct.

This indemnity does not apply to the extent that any loss results directly from ProPlannr's negligence, fraud or wilful misconduct.

24. Suspension and Termination

We may suspend or terminate your Account where we reasonably believe that:

• you have breached these Terms;
• your use of the Platform presents a security risk;
• fraudulent or unlawful activity has occurred;
• payment remains overdue following reasonable notice; or
• we are required to do so by law.

You may cancel your Subscription at any time in accordance with the Cancellation & Subscription Policy.

Termination of your Subscription does not affect rights or obligations that accrued prior to termination.

Provisions relating to intellectual property, confidentiality, liability, indemnity and dispute resolution survive termination where necessary.

25. Changes to these Terms

ProPlannr may amend these Terms from time to time to reflect:

• changes to the Platform;
• legal or regulatory requirements;
• improvements to our Services; or
• changes to business operations.

Where changes are material, we will provide reasonable notice through the Platform or by email.

Continued use of the Platform after the effective date of updated Terms constitutes acceptance of those changes.

26. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia.

Before commencing legal proceedings, the parties agree to make reasonable efforts to resolve any dispute through good-faith discussions.

If a dispute cannot be resolved within thirty (30) days, either party may commence proceedings in the courts of New South Wales.

Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief where necessary.

27. Contact Us

If you have questions about these Terms or the Platform, please contact:

ProPlannr — Operated by Plannr Pty Ltd

Email: support@proplannr.com

Registered Office

301 Keira Street, Wollongong NSW 2500, Australia