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.

Hi Krissy is an Australian business, and our services are built for use in Australia — the food data, health screening guidance, emergency contacts and practitioner network behind them are all Australian. Our apps and website are available in many countries and you may subscribe from outside Australia, but the service is not localised for any other country. If you are outside Australia, please read section 9.10 before you subscribe.

2. Eligibility

There are two ways to be on Hi Krissy, and they have different age requirements.

2.1 Subscriber accounts — 18 and over

To hold your own subscription, you must:

• Be at least 18 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

A subscriber account includes personalised nutrition targets, energy and macronutrient figures, weight tracking and a tailored programme. We do not provide these to anyone under 18, in any circumstances.

2.2 Household seats — 16 and over

A subscribing adult may add members of their household to their circle at no cost. A household seat is not a subscription: it provides a shared shopping list, what the household is eating, and the ability to keep a personal food record.

A household seat holder:

• Must be 16 or over, and must be added by a subscriber who organises that circle
• If aged 16 or 17, may hold a seat only where it is created by a parent or guardian who organises the circle and attests to that relationship
• Is never given a nutrition target, a weight goal or a personalised programme
• May leave the circle, and delete their account, at any time

2.3 People under 16

People under 16 cannot hold an account of any kind, whether a subscription or a household seat. A household organiser may record a household member's first name, an approximate age band and any allergies or foods to avoid so that meals cooked for the household are safe for them. This information is provided by the organiser, is used only to plan and shop for meals, and is never used to track, score or set targets for that person.

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
• Tools for you to build and schedule your own exercise routines, which we then track and adjust
• Recipe library access
• Periodic AI check-ins to track your progress, health, energy levels, and mood
• Progress analytics and reporting
• Supplement recommendations (paid plans)

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
• The AI is not a health practitioner, and nothing it produces is a consultation. Using the app and its AI features does not create a practitioner-patient relationship

4.3 What the App Itself Does Not Provide

Used on its own — the meal plans, movement programmes, tracking, check-ins and AI chat — the Platform is for general health and wellness. By itself it does not provide:

• Medical advice, diagnosis, or treatment
• Emergency or crisis services
• Replacement for professional healthcare
• Therapeutic or clinical services

Clinical services are a separate thing, delivered by people rather than software, and section 4.4 explains how they work.

4.4 Practitioner Services and the Hi Krissy Network

Some parts of the Platform exist to connect you with a qualified health practitioner in the Hi Krissy network. Supplement guidance, rehabilitation programmes and blood testing each require a consult with a practitioner — they are not delivered by the app or its AI.

• Practitioners in the network are registered health professionals, practising within their own scope of practice. Initially this is Kristen Witt; the network may grow to include others
• Where you take up a consult, that consult may create a practitioner-patient relationship between you and that practitioner, with the professional and privacy obligations that carries
• That relationship is with the individual practitioner, not with the AI, and not with any part of the Platform you use on your own
• Clinical records arising from it are kept and retained as clinical records (see section 8.3 and our Privacy Policy)
• A practitioner may decline to provide a service where they judge it clinically inappropriate, or refer you to your GP or another professional

If you never take up a consult, no practitioner-patient relationship is created and the app remains a general wellness product.

5. Subscription Plans and Pricing

5.1 Available Plans

We offer a free membership and three subscription tiers:

The prices above are in Australian dollars and apply when you subscribe through our website. If you subscribe inside our iOS or Android app, the purchase is made through the Apple App Store or Google Play, which set and display the price in the currency of your store account. That price may differ from the Australian dollar price above, and it — not the figure above — is what you will be charged. The store always shows you the exact amount, the billing period and the renewal terms before you confirm the purchase.

Annual billing is available on the Personal and Household tiers at a discount to the equivalent monthly price; the annual amount is shown at checkout and charged once per year. The Complete tier offers a 12-week programme term instead of annual billing, charged once every 3 months and renewing automatically unless cancelled.

5.1a Household seats and household cover

Subscriptions are always individual. One person's subscription can never be cancelled, changed or controlled by another member of their household. If you leave a circle you keep your own subscription, your own data and your own history.

Household seats are free. A subscriber may invite people in their household to join their circle at no cost (a household supports up to twelve people at the table). A household seat is not a subscription and cannot be purchased or signed up for — it can only be given by a subscriber, and it carries no nutrition targets or programme. A household seat holder may take up their own subscription at any time.

Household cover. A Household or Complete subscription funds a full individual programme for each adult in that household. Cover is offered to each adult and takes effect only when that person accepts it themselves; accepting is also that person's instruction to end their own paid subscription at the end of its current billing period. If cover ends — because the paying subscription lapses, the member leaves the circle, or the household is dissolved — the covered programme continues for 90 days before reverting to the member's own plan.

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

First-time subscribers receive a 30-day free trial on the Personal and Household tiers. A payment method is required to start a trial; unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription at the standard price.

The Complete tier is not available on a free trial. It includes practitioner time, and is charged from the beginning of your first billing period.

One trial per person. The free trial is available once only. If you have already had a trial — on any tier, on our website or through an app store — you will not receive another one when you subscribe again, and your subscription is charged from the start.

We may also offer promotional pricing from time to time on the same basis. The free membership described in 5.1 is not a trial, does not expire, and requires no payment details.

Where you subscribe inside our iOS or Android app, the free period, where one is offered, is the introductory offer configured in the store, and whether you are eligible for it is determined by the store against your Apple ID or Google account rather than against your Hi Krissy account. The store shows you the length of the free period, and the amount you will be charged when it ends, before you confirm the purchase.

6. Payment

6.1 Payment Processing

Subscriptions bought on our website 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.

Subscriptions bought inside our iOS or Android app are sold and billed by Apple or Google, not by us. For those subscriptions the store holds your payment method, sets the billing currency, issues your receipts and keeps your billing history, and the purchase is governed by your agreement with Apple or Google as well as by these Terms. We never see or hold your payment details for a store purchase. The subscription renews automatically through the store until you cancel it there — see section 7.1.

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 Currency and Taxes

Prices shown on our website are in Australian Dollars (AUD) and include GST where applicable. GST applies to supplies made in Australia; if you are outside Australia, GST is generally not included, and any tax or duty imposed where you live is your responsibility. Website purchases are charged in Australian Dollars wherever you are.

For subscriptions bought inside our iOS or Android app, the store displays the price in the currency of your store account, and Apple or Google collect and remit any sales tax, VAT or GST that applies in your country. The price the store shows you at the point of purchase is the price you pay.

Where you pay in a currency other than the one your payment method is held in, your bank or card issuer may apply its own exchange rate and a foreign transaction fee. Those charges are set by your provider, not by us, and are a matter between you and them.

7. Cancellation and Refunds

7.1 How to Cancel

Subscriptions bought on our website may be cancelled at any time through your account settings on our Platform, or by contacting us via our contact form.

Subscriptions bought inside our iOS or Android app must be cancelled through the store that sold them — in your Apple ID subscription settings, or in your Google Play subscription settings. We are not able to cancel a store subscription for you, and cancelling or deleting your Hi Krissy account does not by itself stop a store subscription from renewing.

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

Where to ask: if you bought your subscription inside our iOS or Android app, refunds are handled by Apple or Google under their own refund policies and must be requested from them — we are not able to refund a store purchase directly. If you bought on our website, contact us. Your rights under the Australian Consumer Law, and under any equivalent law that applies where you live, are not affected by where you bought (see section 14).

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. Health Tests

8.1 How Testing Works

You can ask whether a test would be useful for you by completing a short questionnaire on the Platform. It is a request for a practitioner's opinion, not an order for a test.

• Hi Krissy does not order tests, does not operate a laboratory, and has no arrangement with any pathology provider
• A practitioner in the Hi Krissy network reviews your request and decides whether testing is appropriate and, if so, which test (blood, stool or urine). You describe your symptoms; choosing the test is their clinical decision, not yours or the Platform's. They may decline, or ask to discuss it with you first
• If they consider a test appropriate, they arrange it with you directly and outside the Platform, within their own scope of practice as a registered health professional (see section 4.4)
• Any pathology request, any relationship with a laboratory, and any fee for testing sit outside the Platform and are separate from your subscription
• Understanding and acting on your results requires a consult with that practitioner. The Platform records each result as reported — for a measured result, the number and whether it sits inside its reference range; for a reported result such as “no growth”, the wording itself. It does not tell you what any of it means for you

8.2 Our Role

The Platform:

• Provides the questionnaire and passes what you tell us to a practitioner in the Hi Krissy network for their review
• Stores results that you record yourself, or that a practitioner records for you, as part of your health record
• Uses recorded nutritional markers (such as iron, vitamin D or B12) to adjust which nutrients your meal plan emphasises
• Tells you when a marker falls outside its reference range, so you can raise it with your GP

The Platform does not:

• Order or perform tests, or contract with a laboratory on your behalf
• Use artificial intelligence to interpret your results — your results are never sent to a general-purpose AI service
• Provide a diagnosis, or decide by itself that a test is needed
• Guarantee the accuracy or completeness of results recorded by you or provided by a laboratory

8.3 Results and Interpretation

Whether a marker reads high or low is determined by comparing it with the reference range recorded alongside it. That comparison is arithmetic, not an opinion, and it is not a diagnosis. Any interpretation shown to you is written by a practitioner, never generated by the Platform.

Interpreting your results properly, and deciding what to do about them, happens in a consult — see section 4.4. Please discuss any out-of-range result, and any decision about your health, with that practitioner, your GP or another qualified healthcare professional.

Your results are kept as a clinical record. This means we retain them for at least seven years and they are not removed by a self-service account deletion — see our Privacy Policy.

8.4 Genetic Testing

Hi Krissy does not offer DNA or genetic testing, and does not collect, store or analyse genetic information.

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

9.6 Food Allergies, Intolerances and Dietary Requirements

Our Platform lets you record food allergies, intolerances and dietary requirements, and we apply filters intended to exclude matching ingredients from the meal plans and recipes we suggest to you.

You acknowledge that:

• Our recipes are prepared and reviewed by us, but the underlying ingredient and packaged-product information comes from third-party food composition databases and from manufacturers, and may be incomplete, inaccurate, or out of date
• Manufacturers change product formulations, ingredients and labelling without notice
• Our filters can only act on the information you give us — an allergy or intolerance you have not recorded cannot be filtered
• We cannot detect or account for cross-contamination, whether in manufacturing, in a retail or food service setting, or in your own kitchen
• A recipe suggestion is not a representation that a particular meal is safe for you to eat

If you have a severe allergy, or any allergy capable of causing anaphylaxis, our Platform is not an adequate safeguard. You should verify every ingredient independently and follow the management plan given to you by your treating health professional.

You are responsible for keeping the allergy, intolerance and dietary information in your profile accurate and up to date. If your requirements change, you must update your profile before relying on any further suggestions.

9.7 Food Preparation, Storage and Safety

Recipes, meal plans, and any batch-cooking or leftover suggestions provided through our Platform assume safe food handling. We have no ability to inspect your ingredients, kitchen, appliances or storage conditions.

You are solely responsible for:

• Sourcing safe ingredients and checking use-by and best-before dates
• Storing, refrigerating and freezing food correctly
• Cooking food thoroughly, including to safe internal temperatures where applicable
• Cooling, storing and reheating leftovers safely, and observing any storage timeframe shown
• Maintaining hygienic preparation practices, including avoiding cross-contamination
• Exercising your own judgement about whether any food remains safe to eat

Where our Platform suggests cooking a larger quantity and eating part of it later, any timeframe shown is general guidance based on Australian food safety recommendations. It assumes the food has been cooled promptly and refrigerated continuously, and it is not an assurance that the food will be safe. If you have any doubt about whether food is safe to eat, discard it.

We recommend following the food safety guidance published by Food Standards Australia New Zealand (FSANZ) and your state or territory health authority.

9.8 Physical Activity and Assumption of Risk

Physical exercise carries inherent risks. These include muscle and joint strain, sprains, falls, aggravation of existing injuries or conditions, serious injury, cardiac events and, in rare cases, death. These risks cannot be eliminated.

You acknowledge and agree that:

• You participate in any exercise, movement or rehabilitation activity suggested through our Platform voluntarily and at your own risk
• Exercise is performed unsupervised — we cannot observe you, assess your technique, or correct your form
• You are responsible for ensuring your environment and any equipment you use are safe, suitable and in good repair
• You should progress at your own pace, and may modify, reduce or skip any activity at any time
• You should not attempt any movement you do not feel confident performing safely

Where our Platform provides movement, rehabilitation or pain-related guidance, that guidance is general in nature and based only on the information you have entered. It is not a physiotherapy consultation, assessment or diagnosis, it is not a substitute for an in-person examination, and it does not create a practitioner-patient relationship. Pain that is persistent, worsening or unexplained should be assessed in person by a qualified health professional.

Where you tell us about symptoms — through a check, a triage, a check-in, or anywhere else in the Platform — we may show you a warning and recommend that you are assessed in person.

A warning is advice, not a barrier. Our Platform does not prevent you from exercising, and the absence of a warning is not clearance to exercise. Whether to train, and how hard, is your decision. Where there is any doubt, make it with a qualified health professional rather than with our Platform.

9.8a Programmes You Create Yourself

Our Platform lets you build your own routines, add your own exercises, and schedule them into your week. Where you do:

• You choose the exercises, their order, the sets, the repetitions and the weight. We do not select them and we do not verify that they are appropriate for you or for your circumstances.
• We may apply progression, adjust volume, and show warnings on the work you have chosen. That is assistance with a programme you have written; it is not a review, an endorsement, or a clinical assessment of it.
• We cannot check an exercise you create yourself as thoroughly as one from our own library. Where you add your own exercise, any safety information we show for it is inferred from what you have typed and may be incomplete or wrong.
• Where we show a warning about a programme you have built, you may choose to continue. Continuing is your decision and your responsibility.
• Everything in clause 9.8 applies to a programme you create in the same way it applies to one we suggest.

9.8b Suggested Weights, Repetitions and Effort

Where our Platform suggests a weight, a number of repetitions, or a level of effort, that suggestion is calculated from the information you have logged and from general training principles. It is a starting point, not an instruction.

You acknowledge and agree that:

• Use a weight you can control with good form for every repetition. If you cannot, reduce it.
• Suggested loads may increase automatically as you record your sessions. An increase reflects what you last recorded; it is not an assessment that you are ready for it.
• Our suggestions are only as good as what you record. If you do not log your sets, or you record them inaccurately, later suggestions will not be appropriate.
• Where you tell us how many sessions a week you already do, we build your programme around that figure from the outset. It is your responsibility to tell us accurately.
• Stop a set at any point if your form breaks down, or if you feel pain rather than effort.

9.9 Nutritional and Recipe Information

Energy (kilojoule and calorie), macronutrient and micronutrient figures shown through our Platform are estimates. They are calculated from assumed ingredients and portion sizes using third-party food composition data, principally the Australian Food Composition Database published by Food Standards Australia New Zealand, together with information published by manufacturers for packaged products. Composition figures of this kind are averages: actual values will vary depending on the specific products, quantities, substitutions and preparation methods you use.

These figures must not be relied on for medical purposes — including calculating insulin doses or managing a medically prescribed or therapeutic diet — without independent verification and the advice of your treating health professional.

9.9a Following a Meal Plan

Meal plans, portion sizes and daily targets shown through our Platform are suggestions built from the information you have given us. They are not prescriptions, and they are not a quota to be met.

You acknowledge and agree that:

• If you are hungry, eat. Targets are estimates. Your appetite, your activity and your circumstances on any given day are not things our Platform can see.
• You may change, substitute, add to or skip any meal at any time.
• You should not restrict what you eat below what your body needs in order to match a number shown in the app.
• If a target seems wrong for you, it probably is — adjust it, or speak to a qualified health professional.

If you have, or have previously had, an eating disorder or disordered eating, you should use our Platform only with the guidance of your treating health professional.

9.9b Information From Connected Devices

Where you connect a health app or wearable device, our Platform may use the activity it records — including workouts, energy burned, heart rate and sleep — to adjust what we suggest to you.

Figures produced by a device are estimates made by that device, not measurements we have taken, and they can be inaccurate. We show and use what your device reports; we cannot verify it. You should not rely on device figures for any medical purpose.

9.10 Our Services Are Designed for Use in Australia

Our apps and website are available in many countries and you may subscribe from outside Australia. The service itself, however, is built for Australia and is not localised for anywhere else. If you use it from another country, please understand what that means:

• Emergency and crisis contacts are Australian. Screens that tell you to call 000, or to contact Lifeline, Beyond Blue, the Butterfly Foundation or PANDA, name Australian services. You are responsible for knowing and using the emergency and crisis numbers where you are.
• Health screening guidance follows Australian guidelines. Screening prompts, the ages and intervals at which they appear, and the programmes and tools they refer to follow Australian clinical guidelines and Australian public health programmes. Guidance in your country may differ, and the programmes we name may not exist or may not be open to you.
• Food and nutrition data is Australian. As described in section 9.9, nutrition figures come principally from the Australian Food Composition Database. Recipes and shopping lists assume ingredients, product names, packaging sizes and units of measure that are available in Australian supermarkets.
• Practitioners are registered in Australia. Practitioners in the Hi Krissy network are qualified and registered in Australia and practise under Australian law and Australian professional regulation. They are not registered to practise in other countries, and a consult with them is not a substitute for care from a practitioner registered where you live.
• Our legal framework is Australian. These Terms are governed by Australian law (section 16.5), and your information is handled under Australian privacy law as described in our Privacy Policy.

None of this prevents you from using the Platform outside Australia. It does mean you should read its guidance with that in mind, and rely on local professional advice, local emergency services and local product information wherever they differ from what the Platform shows you.

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.

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.

If you are outside Australia, nothing in these Terms excludes, restricts or modifies any mandatory consumer protection right you have under the law of the country where you live. Where such a right conflicts with a term of these Terms, that right prevails to the extent of the conflict.

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.