Steppen: #1 Health & Fitness App For Gen Z

Our Disclosures

<aside> ✅ Our complete terms and conditions are contained below, but some important points for you to know before you join us are set out below:

• Unless your Membership is terminated in accordance with these Terms, your Membership will roll over on an ongoing monthly basis;
• our liability under these Terms is limited to 12 months of Fees, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, or any loss or corruption of data;
• we may amend these terms and conditions at any time, by providing written notice to you; and
• you indemnify us from and against any and all claims by any user relating to your acts or omissions, any property loss or damage, or personal injury or loss, arising from or in connection with your use of the Platform, you breaching, or causing us or any of our personnel to be in breach of, any third party's rights and you (or you Personnel) breaching any privacy obligation under this Agreement, or any applicable law.

Nothing in these terms limit your rights under any applicable consumer law.

</aside>

1. Our Agreement

   1.1 In these terms and conditions, “Steppen”, “we”, “our” or “us” means Steppen Pty Ltd (ACN 648 239 445) trading as Steppen and includes its related entities and their respective officers, employees and agents. “You”, “your” or “User” means a person who uses our Platform or accesses our Steppen Services.

   1.2 These Platform terms and conditions and our Privacy Policy (together, the “Agreement”) apply to your use of the Platform and Steppen Services.

   1.3 By accessing the Platform or using the Steppen Services, you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, then you must immediately cease using the Platform and accessing the Steppen Services.

   1.4 If you have any questions about the Platform, our Services or this Agreement, please contact us by email at [email protected].

2. The Steppen Platform

   2.1 The Steppen Platform is a social media fitness app which provides an easy and convenient space for users to view, create and post fitness content.

   2.2 For the avoidance of doubt Steppen is not a gym, health club, fitness studio, health or medical physician or similar, and does not own or operate any of the User Content that is uploaded to the Platform. Steppen is not an agent, nor does Steppen represent any third party, including persons or entities who upload User Content on the Platform.

3. Acceptance and Platform Licence

   3.1 You accept these Terms by accepting these Terms on the Platform.

   3.2 You must be at least 18 years old to use the Platform. If you are under the age of 18 years, by registering for a User Profile, you confirm that you have your parents’ or guardians’ permission and that they have agreed to our Agreement on your behalf.

   3.3 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment and it adversely affects your rights, you may cancel your Membership with effect from the date of the change in these Terms by providing written notice to us. If you cancel your Membership, (a) you will no longer be able to use the Platform on and from the date of cancelation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.

   3.4 If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

   3.5 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

4. Steppen Services

   4.1 In consideration for your payment of the Fees, we agree to provide you with access to the Platform and any other services we agree to provide as set out in your Account.

   4.2 From time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.

   4.3 You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, CRM systems, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.

   4.4 You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.

   4.5 To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.

5. User Profile

   5.1 To be able to use our Platform and the Steppen Services you must create a User Profile by providing:

   • a username;
   • your year of birth;
   • your gender;
   • your location, including city and country;
   • your email address; and
   • your phone number (“Password”).

   5.2 You may also register for a User Profile using your Facebook, Google or other social media network account (Social Media Account). If you sign in to your User Profile using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo, your name, your email address and other basic information.

   5.3 will receive confirmation of User Profile registration by way of clickwrap shortly after you have created your User Profile.

   5.4 If you do not provide accurate and complete details, we may not be able to activate your User Profile or provide you with complete access to the Platform and Steppen Services.

   5.5 If you are a parent or guardian who has permitted a person under the age of 18 (a “Minor”) to create a User Profile, you agree to:

   • exercise supervision over the Minor's use of the Platform and Steppen Services, including their User Profile;
   • assume all risks associated with the Minor's use of the Platform, Steppen Services and their User Profile, including any use or transmission of User Content, or information to and from third parties via the internet;
   • assume any and all liabilities resulting from the Minor's use of the Platform, our Steppen Services and their User Profit;
   • ensure the accuracy and truthfulness of all information submitted to us, on the Platform by the Minor; and
   • assume any and all risks and liabilities associated with and/or resulting from the Minor’s use or transmission of User Content, which also includes exercising supervision when the Minor uses any User Content.

   5.6 We reserve the right to take legal action and seek compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Platform by that Minor and the use of the Platform and/or Steppen Services.

   5.7 You agree to keep your User Profile details current at all times by updating these details on your User Profile.

   5.8 You agree that you have sole responsibility for any activity that occurs on, or by using, your User Profile. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or User Profile. You must not provide your User Profile username or Password to any person. You agree and acknowledge that you shall be solely responsible for the confidentiality and security of your username and Password and any use of your User Profile (including unauthorised use).

   5.9 When you create an Account, you must also select a membership (Membership). You may choose between different tiers of Membership with different services and different membership periods as set out on our Platform.

6. Membership

   6.1 You may purchase a Membership by paying the Membership fees outlined on the Platform (Fees) in advance on a monthly or annual basis or some other recurring interval disclosed to you prior to your payment of the Fees (Billing Cycle).

   6.2 At the end of the first Billing Cycle, your Membership will automatically renew for recurring monthly periods of time (each of which will be considered a Billing Cycle) unless and until you cancel your Membership. You will be charged the Fees for subsequent Billing Cycles as outlined on the Platform.

   6.3 The payment methods we offer for the Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

   6.4 You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.

   6.5 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform.

   6.6 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

   6.7 Changes to your Membership: If you wish to change your Membership (for example, by upgrading to a different Membership tier), you must provide notice to us through your Account that you wish to vary your Membership at least 24 hours before the end of the current Billing Cycle. If you vary your Membership and the Fees increase, we will charge you for the increase in the Fees on a pro-rata basis for the remainder of the period until the start of the next Billing Cycle, and you will have access to the additional Membership features from the date you make such payment.

   6.8 The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.

   6.9 We may need to change what is available as part of your Membership (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your Membership, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Membership. If the changes adversely affect your enjoyment of the Membership, you may cancel your Membership with effect from the date we apply the changes to your Membership by providing written notice to us. If you cancel your membership, (a) you will no longer be able to use the Platform on and from the date of cancelation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.

   6.10 We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Membership. If the updated Fee is not acceptable to you, you may cancel your Membership in accordance with the ‘Cancellation of Memberships’ clause.

7. Using the Steppen Services

   7.1 As a User of the Platform, you will have access to the following Steppen Services, which includes but is not limited to:

   • search and find other user profiles on the App;
   • create and upload your own fitness workouts;
   • like, comment and save other user’s workouts and exercises;
   • update your account settings and profile details;
   • viewing recommended workouts;
   • accessing estimated calorie burn tracking;
   • uploading, posting and storing progress pictures, selfies and other photos;
   • find links to access motivational and fitness quotes, songs and videos on third party websites (Motivation Feature); and
   • creating your own workout programs.

   7.2 You acknowledge and understand that all users of the Platform are third parties, and are not contracted, employed or in any other way affiliated with Steppen. You therefore bear the responsibility for:

   • checking the suitability of any User Content uploaded by a user; and
   • verifying the identity and authenticity of any user when you interact with them.

   7.3 You acknowledge that in relation to the responsibilities set out in clause 2, to the extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of User.

   7.4 We may run promotions or competitions from time to time on the Platform or on social media. These competitions are subject to any applicable terms and conditions which will be made available on the Platform, or on our social media, at the time of the competition.

   7.5 Third Party Links: The Platform contains links to third party websites, including through our provision of the Platform’s Motivation Feature. Any links to such websites provided on the Platform are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third-party information, materials or content appearing on, or via, other websites linked to this Platform. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not to be held responsible for the content, materials or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.

8. Assumption of Risk and Disclaimer

   8.1 You understand that Steppen is not a personal trainer, health or medical physician, gymnasium, health club, facility, fitness studio or similar, and any User Content uploaded to our Platform is provided by Users, and not Steppen.

   8.2 Steppen is not responsible for the quality of any User Content provided by a User or by any other third party. You are solely responsible for determining whether any User Content or Material available on or through the Platform is right for you.

   8.3 You understand that there are certain inherent risks and dangers in exercising and that User Content that you rely on for exercising or otherwise will offer a range of different activity and intensity levels. By using Steppen, you acknowledge and agree, on behalf of yourself, your Minors and/or personal representatives that you are aware of these risks which include, but are not limited to, illness, loss, bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury, harm or death.

   8.4 You acknowledge and agree that it is your responsibility to consult with your physician or other health care provider prior and during your use of the Steppen Service and the Platform, and to determine if and how participating in the Steppen Services is appropriate for you.

   8.5 Any information published via the Platform or otherwise provided to users is supplied in good faith, but we do not guarantee its accuracy or completeness. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information.

9. Platform Use and Prohibited Conduct

   9.1 You warrant and represent that your access to, and use of, the Platform and Steppen Services is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

   9.2 You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Platform does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Platform.

   9.3 All information that we provide is supplied in good faith, but we do not warrant or guarantee the accuracy or completeness of any information provided by us, another user of the Platform, through the Steppen Services or any third party. It is not within the scope of our obligations to enquire as to, or to verify, the accuracy or completeness of information that we receive from you, another user of the Platform or any third parties.

   9.4 You will not:

   • do anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
   • use the Platform to defame, harass, threaten, stalk, menace or offend any person, including using the Platform to send unsolicited electronic messages;
   • modify the Platform or merge any aspect of the Platform with another programme other than as expressly provided under this Agreement;
   • record, reverse engineer, copy, duplicate, reproduce, create derivative works from, frame, download, display, transmit or distribute any of the Platform or Material therein or the source code of the Platform;
   • licence, sell, rent, lease, transfer, assign or otherwise commercially exploit the Platform or Material;
   • engage in unlawful behaviour, including unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
   • access, store, distribute or transmit:
     1. viruses, worm, trojan or other malicious code that corrupts, degrades or disrupts the operation of the Software;
     2. material that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third party;
     3. material that facilitates illegal activity; or
     4. material that abuses or causes damage or injury to any person or property;
   • provide Platform login details or passwords, or otherwise provide access to the Platform, to any unauthorised third party and you will take all reasonable steps to prevent unauthorised access to, or use of, the Platform;
   • share any features of the Platform that are not publicly available with any unauthorised third party;
   • use the Platform other than for its intended purpose;
   • engage in any conduct on the Platform that is in breach of this Agreement (or any other terms mentioned therein); and
   • facilitate or assist a third party to do any of the acts above.

10. Our Intellectual Property

    10.1 You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us.

    10.2 We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.

    10.3 You must not, without our prior written consent:

    • copy, in whole or in part, any of Our Intellectual Property;
    • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
    • breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, downloading Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.

    10.4 This clause will survive the termination or expiry of your Membership.

11. Content uploaded to the Platform

User Content