Terms of Service

1. Introduction and Acceptance

Welcome to HiKrissy.com ("Platform"), operated by Hi Krissy Pty Ltd ("Hi Krissy", "we", "us", or "our"). Our Platform provides AI-powered personalised nutrition, exercise, and wellness services based on the expertise of Kristen Witt, a qualified physiotherapist and nutritionist.

By accessing or using our Platform, creating an account, or subscribing to our services, you ("you" or "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Platform.

These Terms form a binding legal agreement between you and Hi Krissy. Please read them carefully before using our services.

2. Eligibility

To use our Platform, you must:

• Be at least 15 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Platform under Australian law or any other applicable jurisdiction

If you are aged 15 to 17, you represent that you have reviewed these Terms and understand your rights and obligations. We encourage you to discuss your use of our Platform with a parent or guardian.

We reserve the right to request proof of age and to suspend or terminate accounts where eligibility requirements are not met.

3. Account Registration

3.1 Creating an Account

To access our services, you must create an account by providing accurate, current, and complete information. You agree to update your information promptly if it changes.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must:

• Choose a strong, unique password
• Not share your login credentials with others
• Notify us immediately if you suspect unauthorised access to your account

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 One Account Per Person

Each User may maintain only one active account. We reserve the right to suspend or terminate duplicate accounts.

4. Our Services

4.1 What We Provide

Hi Krissy is an AI-powered health and wellness platform that provides:

• Personalised meal plans and nutrition guidance
• Exercise and movement programs
• Recipe library access
• Periodic AI check-ins to track your progress, health, energy levels, and mood
• Progress analytics and reporting
• Supplement recommendations (Plus and Complete plans)
• Facilitation of third-party health tests including blood tests and DNA tests (Complete plan)
• AI-generated insights based on your health data and test results

4.2 AI-Powered Recommendations

Our Platform uses artificial intelligence to generate personalised recommendations. The AI system is informed by general wellness principles developed with input from qualified health professionals, including physiotherapist and nutritionist Kristen Witt.

You acknowledge that:

• AI-generated recommendations are based on the information you provide and may not account for all relevant factors
• AI systems may produce errors, inaccuracies, or recommendations that are not suitable for your individual circumstances
• The AI learns from general wellness principles and does not have access to your complete medical history unless you provide it
• Using our Platform does not create a practitioner-patient relationship with any health professional

4.3 What We Do Not Provide

Our Platform is designed for general health and wellness purposes. We do not provide:

• Medical advice, diagnosis, or treatment
• Emergency or crisis services
• Replacement for professional healthcare
• Therapeutic or clinical services
• Regulated health services requiring practitioner registration

5. Subscription Plans and Pricing

5.1 Available Plans

We offer three subscription tiers:

5.2 Subscription Terms

Subscriptions are available on a monthly or annual basis. By subscribing, you agree to the following:

• Recurring billing: Your subscription will automatically renew at the end of each billing period (monthly or annually) at the then-current price, unless you cancel before the renewal date.
• Renewal notification: We will send you a reminder notification at least 14 days before your subscription renews, informing you of the renewal date, the amount to be charged, and how to cancel.
• Price changes: We may change subscription prices from time to time. Price changes will take effect at your next renewal date, and we will notify you at least 30 days in advance.

5.3 Free Trials and Promotions

We may offer free trials or promotional pricing from time to time. Unless you cancel before the trial or promotional period ends, your subscription will automatically convert to a paid subscription at the standard price.

6. Payment

6.1 Payment Processing

All payments are processed securely by our third-party payment processor, Stripe. By providing payment information, you authorise us to charge your chosen payment method for all fees associated with your subscription.

We do not store your full payment card details on our systems. Your payment information is handled in accordance with Stripe's privacy policy and security standards.

6.2 Failed Payments

If a payment fails, we may:

• Retry the payment within a reasonable period
• Suspend your access to paid features until payment is received
• Cancel your subscription if payment cannot be processed after reasonable attempts

You are responsible for ensuring your payment information is current and that sufficient funds are available.

6.3 Taxes

All prices are displayed in Australian Dollars (AUD) and include GST where applicable.

7. Cancellation and Refunds

7.1 How to Cancel

You may cancel your subscription at any time through your account settings on our Platform or by contacting us via our contact form.

Cancellation is effective immediately, but your access to paid features will continue until the end of your current billing period. After that date, your subscription will not automatically renew.

7.2 Refund Policy

Change of mind: We do not provide refunds for change of mind once a billing period has commenced. If you cancel your subscription, you will retain access until the end of your paid period but will not receive a refund for the unused portion.

Service failures: If we fail to provide our services with due care and skill, or if the services are not fit for purpose, you may be entitled to a refund or other remedy under the Australian Consumer Law. See Section 14 (Australian Consumer Law) for more information.

Platform-initiated cancellation: If we terminate your account for reasons other than your breach of these Terms, we will provide a pro-rata refund for any unused portion of your subscription.

7.3 Cooling-Off Period

If you subscribed to our services as a result of unsolicited contact (such as telemarketing), you may have additional cancellation rights under Australian Consumer Law. Contact us if you believe this applies to you.

8. Third-Party Health Tests

8.1 Test Ordering

Users on the Complete plan may order blood tests, DNA tests, or other diagnostic tests through our Platform. When you order a test:

• The test is performed by a third-party pathology laboratory or testing provider, not by Hi Krissy
• Your contract for the test is directly with the test provider
• You must comply with the test provider's terms, conditions, and instructions
• Test results are provided by the test provider and shared with us to incorporate into your wellness plan

8.2 Our Role

Hi Krissy acts as a facilitator to help you access third-party testing services. We:

• Provide information about available tests
• Transmit your order and necessary information to test providers
• Receive and display your test results within our Platform
• Use AI to analyse your results and provide wellness insights

We do not:

• Perform the tests ourselves
• Guarantee the accuracy, completeness, or timeliness of test results
• Provide medical interpretation of test results
• Take responsibility for errors or omissions by test providers

8.3 Test Result Insights

Any AI-generated insights based on your test results are for informational and wellness purposes only. They do not constitute medical advice or diagnosis. You should always consult with a qualified healthcare professional to interpret test results and make decisions about your health.

8.4 Genetic Information

If you use DNA testing services through our Platform:

• You consent to the collection, use, and analysis of your genetic information as described in our Privacy Policy
• You understand that genetic information may reveal unexpected findings about your health or ancestry
• You have the right to choose not to receive certain genetic information—contact us if you wish to exercise this right
• Genetic information requires separate, explicit informed consent, which will be obtained before any DNA test is ordered

9. Health Disclaimers

9.1 Not Medical Advice

Our AI-generated meal plans, exercise programs, supplement recommendations, and wellness insights are designed to support your general health and wellbeing. They are not intended to:

• Diagnose, treat, cure, or prevent any disease or medical condition
• Replace the advice of qualified healthcare professionals
• Substitute for professional medical evaluation or treatment
• Address medical emergencies or urgent health concerns

9.2 Consult Your Healthcare Provider

Before starting any new diet, exercise program, or supplement regimen, you should consult with a qualified healthcare professional, particularly if you:

• Have any existing medical conditions
• Are taking prescription medications
• Are pregnant, breastfeeding, or planning to become pregnant
• Have a history of eating disorders
• Have recently had surgery or a significant illness
• Have any concerns about whether our services are appropriate for you

9.3 Not Suitable for Everyone

Our services may not be suitable for all individuals. You should not use our Platform as your primary source of health guidance if you:

• Have been diagnosed with a serious medical condition requiring specialist care
• Require medically supervised diet or exercise programs
• Have been advised by a healthcare professional to avoid certain foods, exercises, or supplements
• Are experiencing symptoms that require medical evaluation

9.4 Supplement Recommendations

Supplement recommendations provided through our Platform are for informational purposes only. We recommend only supplements that are listed on the Australian Register of Therapeutic Goods (ARTG) where applicable. We do not claim that any supplements can cure, treat, or prevent any disease.

9.5 Your Responsibility

You are solely responsible for:

• Evaluating whether our recommendations are appropriate for your individual circumstances
• Seeking professional medical advice when needed
• Monitoring your own health and discontinuing any recommendation that causes adverse effects
• Providing accurate and complete information about your health, medical history, and current medications

10. User Responsibilities and Conduct

10.1 Accurate Information

You agree to provide accurate, current, and complete information when creating your account, completing health assessments, and using our services. Inaccurate information may result in recommendations that are not suitable for you.

10.2 Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose
• Provide false or misleading information
• Attempt to gain unauthorised access to our systems or other users' accounts
• Interfere with or disrupt the Platform or servers
• Use automated systems (bots, scrapers, etc.) to access the Platform without our permission
• Reverse engineer, decompile, or attempt to extract the source code of our software or AI systems
• Copy, modify, or distribute our content without permission
• Use our Platform to develop competing products or services
• Harass, abuse, or harm others through our Platform
• Impersonate any person or entity

10.3 User Content

If you submit any content to our Platform (such as feedback, reviews, or communications), you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, and display that content for the purposes of operating and improving our Platform.

You represent that any content you submit does not infringe the rights of any third party and does not contain unlawful material.

11. Intellectual Property

11.1 Our Intellectual Property

All intellectual property rights in our Platform, including but not limited to:

• Software, algorithms, and AI systems
• Website design and user interface
• Meal plans, recipes, and exercise programs
• Content, text, graphics, logos, and images
• Trademarks and branding

are owned by Hi Krissy or our licensors and are protected by Australian and international intellectual property laws.

11.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our Platform for your personal, non-commercial use in accordance with these Terms.

This licence does not include the right to:

• Modify, copy, or create derivative works from our content
• Use our content for commercial purposes
• Remove any copyright or proprietary notices
• Transfer the licence to any other person

11.3 Restrictions

You must not:

• Scrape, crawl, or use automated means to collect data from our Platform
• Reproduce or redistribute our meal plans, recipes, or exercise programs
• Use our AI systems to train other artificial intelligence models
• Attempt to access or copy our underlying algorithms or databases

12. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal and health information is governed by our Privacy Policy, which forms part of these Terms.

By using our Platform, you consent to the collection and use of your information as described in our Privacy Policy, including the collection of sensitive health information and, where applicable, genetic information.

13. Limitation of Liability

13.1 Service Provided "As Is"

To the maximum extent permitted by law, our Platform and services are provided on an "as is" and "as available" basis. We do not warrant that:

• The Platform will be uninterrupted, error-free, or secure
• Any errors or defects will be corrected
• The Platform will meet your specific requirements
• AI-generated recommendations will be accurate, complete, or suitable for your circumstances

13.2 Limitation of Damages

To the maximum extent permitted by law, Hi Krissy and its directors, officers, employees, and agents will not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or goodwill
• Damages arising from your reliance on AI-generated recommendations
• Damages arising from third-party test provider services
• Damages arising from your failure to seek appropriate medical advice

13.3 Liability Cap

To the maximum extent permitted by law, our total liability to you for any claims arising out of or relating to these Terms or your use of the Platform is limited to the total fees you paid to us in the 12 months preceding the claim.

13.4 Exceptions

The limitations in this section do not apply to:

• Liability that cannot be excluded or limited under applicable law
• Liability for fraud, gross negligence, or willful misconduct
• Liability for personal injury or death caused by our negligence
• Our obligations under the Australian Consumer Law (see Section 14)

14. Australian Consumer Law

14.1 Consumer Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:

• Cancel your subscription and receive a refund for the unused portion
• Compensation for any other reasonably foreseeable loss or damage

If the failure does not amount to a major failure, you are entitled to have the service remedied in a reasonable time.

14.2 Preservation of Rights

To the extent that our liability cannot be excluded but can be limited, our liability is limited to, at our option:

• Supplying the services again; or
• Paying the cost of having the services supplied again.

14.3 Unfair Contract Terms

We have drafted these Terms to be fair and balanced. If any term is found to be unfair under the Australian Consumer Law, that term will be void and the remaining terms will continue to apply.

15. Indemnification

15.1 Your Indemnity

You agree to indemnify, defend, and hold harmless Hi Krissy and its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your breach of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Any content you submit to the Platform
• Your use of our services in a manner not authorised by these Terms

15.2 Limitations

Your indemnification obligations do not extend to claims arising from:

• Our negligence, fraud, or willful misconduct
• Our breach of these Terms
• Defects in our Platform or services that are our responsibility

16. Dispute Resolution

16.1 Informal Resolution

If you have a dispute with us, we encourage you to first contact us via our contact form to attempt to resolve the dispute informally. We will make genuine efforts to resolve your concerns within 30 days.

16.2 Mediation

If we cannot resolve the dispute informally, either party may refer the dispute to mediation administered by the Resolution Institute (or another mutually agreed mediation provider) in Sydney, New South Wales. The parties will share the costs of mediation equally.

16.3 Arbitration (Optional)

If mediation is unsuccessful, either party may elect to submit the dispute to binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with ACICA Arbitration Rules. The arbitration will be conducted in Sydney, New South Wales, in English.

The decision of the arbitrator will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

16.4 Court Proceedings

Nothing in this section prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction. If arbitration is not elected, either party may commence proceedings in the courts of New South Wales, Australia.

16.5 Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have non-exclusive jurisdiction over any disputes arising under these Terms.

17. Termination

17.1 Termination by You

You may terminate your account at any time by cancelling your subscription and requesting account deletion via our contact form. Upon termination:

• Your access to the Platform will cease
• Your right to use our services will end
• We will retain your data in accordance with our Privacy Policy and legal obligations

17.2 Termination by Us

We may suspend or terminate your account:

• For cause: Immediately, if you breach these Terms, engage in fraudulent activity, or pose a safety risk to yourself or others. In cases of serious breach, no refund will be provided.
• For convenience: With 30 days' notice, for any reason. If we terminate for convenience, we will provide a pro-rata refund for any unused portion of your subscription.

17.3 Effect of Termination

Upon termination:

• Your licence to use the Platform immediately ends
• You must cease all use of our services
• We may delete your account data after a reasonable period, subject to our legal retention obligations
• Provisions of these Terms that by their nature should survive termination will continue to apply, including Sections 11 (Intellectual Property), 13 (Limitation of Liability), 15 (Indemnification), and 16 (Dispute Resolution)

17.4 Data Export

Before terminating your account, you may request a copy of your personal data by contacting us via our contact form. We will provide your data in a commonly used electronic format within 30 days.

18. Modifications to Terms

18.1 Changes

We may modify these Terms from time to time. When we make material changes, we will:

• Post the updated Terms on our Platform with a new "Last updated" date
• Notify you by email or in-app notification at least 30 days before the changes take effect
• Clearly identify what has changed

18.2 Your Options

If you do not agree to the modified Terms, you may cancel your subscription before the changes take effect and receive a pro-rata refund for any unused portion of your subscription. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the modified Terms.

18.3 Minor Changes

We may make minor changes (such as correcting typographical errors or clarifying language) without advance notice. These changes will be effective immediately upon posting.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Hi Krissy regarding your use of the Platform and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

19.3 No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of Hi Krissy.

19.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

19.5 Force Majeure

We will not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemic, war, terrorism, riots, power failures, telecommunications failures, or internet service provider failures.

19.6 Notices

We may provide notices to you by email to the address associated with your account, by in-app notification, or by posting on our Platform. You may provide notices to us via our contact form.

19.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Hi Krissy.

20. Contact Us

If you have any questions about these Terms, please contact us via our online contact form:

21. Definitions

In these Terms:

"AI"

means artificial intelligence, including machine learning algorithms and automated decision-making systems.

"Australian Consumer Law"

means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

"Content"

means all text, images, graphics, software, data, and other materials available through the Platform.

"Platform"

means the HiKrissy.com website, mobile applications, and all related services.

"Services"

means all features, functionality, and services provided through the Platform.

"Subscription"

means a paid membership to access our Services.

"User"

means any person who accesses or uses the Platform.