Terms of Use · Chasing Optimum Support

Chasing Optimum Pty Co Ltd — ABN 85 695 021 026

1. These terms

These Terms of Use govern your use of everything Chasing Optimum operates: the website and web app at chasingoptimum.com including the online store, the iOS app, and the Android app (together, the Service). By creating an account or using the Service you agree to them. If you do not agree, do not use the Service.

Our Privacy Policy forms part of these Terms.

2. Eligibility

You must be 18 or older to use the Service.

By using the Service you confirm you are 18 or older and legally able to enter this agreement.

3. Health and fitness — read this section

3.1 We are not your doctor

Chasing Optimum provides general fitness, nutrition and wellbeing information for a general audience. Nothing in the Service is medical advice, diagnosis or treatment, and nothing in it is personalised to your circumstances, your medical history or your condition.

No relationship of doctor and patient, dietitian and client, or health practitioner and patient is created by your use of the Service. Mat Steinwede and the Chasing Optimum team are not acting as your medical or allied health practitioners.

3.2 Speak to a doctor first

You should obtain clearance from a qualified medical practitioner before starting any programme in the Service, and particularly if you:

have or have had a heart condition, high or low blood pressure, chest pain, dizziness or fainting;
have diabetes, an eating disorder or a history of disordered eating, or any metabolic, kidney or liver condition;
have any musculoskeletal injury, joint condition or chronic pain;
are pregnant, may be pregnant, or are breastfeeding;
take prescription medication of any kind;
are recovering from illness, surgery or injury; or
are over 40 and have been inactive.

3.3 What the programmes involve, and the risks

The Service prescribes activities that carry real risk of injury, illness or, in rare cases, death. These include but are not limited to:

Strenuous physical exercise — bodyweight and weighted movements, skipping, burpees, walking and cardiovascular work. Risks include muscle and joint injury, strains, sprains, falls, cardiac events and heat illness.
Cold exposure — cold showers. Risks include cold shock, arrhythmia and fainting.
Breathing exercises. Risks include dizziness and fainting. Never perform these in or near water, while driving, or while standing.
Restricted eating windows and dietary change, including reduced sugar, caffeine and alcohol. Risks include hypoglycaemia, dehydration, headaches and withdrawal effects, and these are materially greater for anyone taking medication for blood sugar or blood pressure.
Changes to sleep and waking times, including early rising.

3.4 You assume the risk

You participate voluntarily and at your own risk. You are solely responsible for deciding whether an activity is safe for you on any given day, for using correct technique, for choosing appropriate loads, and for your surroundings and equipment.

Stop immediately and seek medical attention if you feel pain, chest tightness, breathlessness beyond normal exertion, dizziness, faintness, nausea or anything else that concerns you. Do not "push through".

3.5 Nutrition and food scanning

Nutrition figures in the Service — including every result of meal scanning and every macronutrient total — are automated estimates and are frequently inaccurate. They come from image recognition and from third-party food databases we do not control. Do not rely on them for any medical purpose, including managing diabetes, an allergy, an intolerance or any clinical diet.

The Service does not detect allergens. Never rely on it to decide whether a food is safe for you.

3.6 The AI coach

The in-app AI coach generates text automatically. It can be wrong, and it can be confidently wrong. It is not a health practitioner, it does not know your medical history, and its output is not advice of any kind. Never use it in an emergency. If you are in crisis, contact your local emergency number — in Australia, 000 — or Lifeline on 13 11 14.

3.7 Results

We make no promise of any result. Outcomes depend on factors outside our control, and any testimonial, before-and-after image or case study in the Service is one person's experience and is not typical or guaranteed.

4. Your account

You are responsible for your account and for everything done through it. Sign-in is by one-time code sent to your email, so keep your email account secure. Tell us promptly at support@chasingoptimum.com if you believe your account has been used without your permission.

5. Licence

We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial use. You may not copy, resell, redistribute, publicly perform or create derivative works from our content — including the training programmes, the videos, the meal plans and the challenge material — without our written permission.

6. Purchases and subscriptions

6.1 The 60 Day Challenge and membership

The 60 Day Challenge is A$249 (inclusive of GST), purchased on the website. At the end of the 60-day period it continues as a membership at A$59 per month unless cancelled. Your card is authorised at purchase and the first monthly charge is taken at day 60. We send you a reminder before that first charge.

You may cancel at any time through the billing portal in your account. Cancelling stops future charges; it does not refund the current period unless the Australian Consumer Law requires it.

6.2 Physical products

Products bought from our store are sold by Chasing Optimum Pty Co Ltd. Checkout is processed by Shopify; we fulfil, ship and handle returns ourselves. Our Shipping Policy and Returns Policy apply to those orders and form part of these Terms.

6.3 App store purchases

Where a purchase is made through the Apple App Store or Google Play, that store's payment terms and refund process apply in addition to these Terms.

6.4 Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Our goods and services come with guarantees that cannot be excluded under the ACL, including a right to a remedy for a major failure.

7. Community

7.1 Zero tolerance for objectionable content

There is no tolerance for objectionable content or abusive behaviour in the community. You must not post, send or link anything that is:

abusive, harassing, threatening, bullying or hateful;
discriminatory on any protected ground;
sexually explicit, or sexualising a minor in any way;
violent, or promoting self-harm, suicide or disordered eating;
illegal, or promoting illegal activity, including illicit drugs or unprescribed pharmaceuticals;
defamatory, deceptive, or impersonating another person;
spam, a scam, or an unsolicited commercial promotion;
infringing anyone's intellectual property or privacy; or
medical advice presented as though from a qualified practitioner.

7.2 Reporting, blocking and our response

Every post, comment, message and member profile can be reported from within the app, and you can block another member. We review every report and act on objectionable content and the accounts responsible within 24 hours — by removing content, suspending or terminating accounts, or both.

7.3 Your content

You keep ownership of what you post. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display it for the purpose of operating the Service. That licence ends when you delete the content or your account, except for copies we must retain by law or in backups.

You are responsible for your content and confirm you have the right to post it.

7.4 Our content

Video, training programmes, meal plans, challenge material and coaching content are ours or licensed to us, and remain so. Members cannot upload video; video is published by Chasing Optimum only.

8. Acceptable use

You must not: reverse engineer or attempt to extract source code; access the Service by automated means; interfere with its operation or security; access another person's account; use the Service to build a competing product; or use it for anything unlawful.

9. Availability and changes

We may change, suspend or discontinue any part of the Service. We do not promise uninterrupted or error-free operation. Content in the Service — including training programmes and meal plans — may be updated or replaced.

10. Termination

You may stop using the Service and delete your account at any time from Settings. We may suspend or terminate your access if you breach these Terms, immediately and without notice where the breach involves objectionable content, harm to another member, or unlawful conduct.

11. Disclaimers

To the maximum extent permitted by law, and subject always to clause 6.4, the Service is provided "as is" and "as available" and we exclude all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of liability

To the maximum extent permitted by law, and subject always to clause 6.4:

we are not liable for indirect, incidental, special, consequential or punitive loss, or for lost profits, revenue, data or goodwill;
our total aggregate liability arising out of or in connection with the Service is limited to the greater of the amount you paid us in the twelve months before the claim and A$100; and
where the ACL applies and permits, our liability for a failure to comply with a consumer guarantee is limited to resupplying the service or paying the cost of resupply.

13. Indemnity

You indemnify us against claims, losses and costs arising from your breach of these Terms, your content, or your unlawful use of the Service — except to the extent caused by us.

14. Governing law

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of its courts.

15. Apple-specific terms

These Terms are between you and Chasing Optimum Pty Co Ltd only, not Apple.
Apple has no obligation to furnish maintenance or support.
If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price. To the maximum extent permitted by law Apple has no other warranty obligation in respect of the app.
Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability, regulatory non-compliance, or consumer protection claims.
Apple is not responsible for the investigation, defence, settlement or discharge of any third-party intellectual property infringement claim.
You confirm you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and are not on any US prohibited-parties list.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16. Google Play-specific terms

These Terms are between you and Chasing Optimum Pty Co Ltd only, not Google. Google is not a party and is not responsible for the app or its content.
Your use of Google Play is also governed by the Google Play Terms of Service.
Google has no obligation to provide support or maintenance for the app.
Refunds for purchases made through Google Play are handled under Google Play's refund policy, in addition to your rights under the Australian Consumer Law.

17. Changes to these Terms

We may update these Terms. We will post the change here and update the date. If a change is significant we will tell you in the app or by email. Continuing to use the Service after a change means you accept it.

18. Contact

Chasing Optimum Pty Co Ltd — support@chasingoptimum.com ABN 85 695 021 026