Terms of service

1. About these terms

Last updated: 5 October 2026

These terms are a legally binding agreement between Outcoach Pty Ltd (Outcoach, we, us or our) and the person or entity that registers for, accesses or uses the services (you or customer).

If you use the services on behalf of a business, club, school, studio, association or other organisation, you confirm that you have authority to bind that organisation to these terms, and “you” means that organisation.

If you do not agree to these terms, you must not access or use the services.

Changes to these terms. We may update these terms from time to time, for example to reflect changes to the services, the law or our business. If a change materially and adversely affects you, we will give you at least 30 days’ notice by email or through the services. If you do not agree to the change, you may cancel your subscription before it takes effect and we will refund any prepaid fees for the period after cancellation. Otherwise, the updated terms apply from the date stated in the notice. Other changes take effect when we post the updated terms on our website.

2. Definitions

Account means the account used to access the services.
Customer data means data, content and materials submitted to or stored in the services by or for you, including student, parent, coach, staff and class information.
End user means any person invited, added or otherwise permitted by you to access or interact with the services under your account.
Services means Outcoach’s website, web application, mobile application, APIs, features, AI-enabled features, support and related services made available by Outcoach.
Subscription term means the monthly or annual period for which you subscribe to the services.

3. Eligibility and authority

You must be at least 18 years old to create an account or enter into these terms.
You are responsible for ensuring each person who accesses the services through your account is authorised to do so and complies with these terms.
Where you collect or upload information about minors, students, parents or guardians, you are responsible for having the legal authority and any required notices or consents to collect, use and disclose that information through the services.

4. Account registration and security

You must provide accurate, current and complete account information and keep that information updated.

You are responsible for maintaining the confidentiality of login credentials and for all activity that occurs under your account, whether authorised by you or not, unless caused by Outcoach’s own breach of law or these terms.

You must notify us promptly if you become aware of unauthorised access, a security incident or misuse of your account.

5. Subscription, trials and plan changes

We may offer a free trial or promotional access period. Trials are offered at our discretion and may be changed, limited or withdrawn at any time.
At the end of a trial, your access may be restricted unless you move to a paid plan.
You may upgrade or downgrade your plan where that option is made available in the services. Changes may take effect immediately or from the next billing cycle, depending on the plan settings shown at the time.
Some features, usage limits, messaging credits, integrations or storage allowances may vary by plan. If you downgrade, features or data that exceed the new plan’s limits may become unavailable, so you should export anything you need first.

6. Fees, billing and taxes

Subscription fees, usage-based fees and any add-on charges are payable in the currency stated at checkout or on your order page, or as agreed with Outcoach.
Unless stated otherwise, fees are exclusive of GST and any other applicable taxes, duties or levies.
By subscribing, you authorise Outcoach and its third-party payment processors to charge your nominated payment method on a recurring basis during the subscription term.
Subscriptions renew automatically for the same subscription term unless cancelled before the renewal date shown in your account or billing settings.
You must keep your billing information current. If payment is overdue, declined, reversed or subject to chargeback, we may suspend access after giving you notice.
Fees are non-refundable except where these terms expressly say otherwise or where required by law, including under the Australian Consumer Law.
We may change our pricing from time to time. We will give you at least 30 days’ notice before new pricing applies to your subscription. If you do not agree to the new pricing, you may cancel before it takes effect.

7. Customer responsibilities

You are responsible for configuring the services for your business and for how you use the services in your operations, including class scheduling, attendance, communications, billing and record keeping.
You are responsible for the accuracy, quality and legality of customer data and for the means by which you acquired it.
You must comply with all laws that apply to your use of the services, including laws relating to privacy, child safety, spam and electronic communications, consumer protection, health information, record retention and tax or invoicing obligations.
If you use the services to send SMS, email, push notifications or other communications, you are responsible for the content, recipients, timing and legal basis for those communications.
You are responsible for obtaining and maintaining any internet connection, hardware, third-party software and third-party accounts needed to use the services.

8. Sensitive data and minors

The services may allow you to store information relating to children or sensitive matters such as injuries, allergies, emergency contacts or progress records. You must only upload that information where you are legally permitted to do so.
You acknowledge that you are responsible for giving any privacy notices and obtaining any parental, guardian or other consents required for your collection and use of that information through the services.
You must not use the services to store government identifiers, financial account or card details, or detailed medical records.

9. Acceptable use

You must not, and must not allow others to, use the services to: (a) break any law or infringe another person’s rights; (b) upload malicious code or harmful material; (c) interfere with the security, integrity or performance of the services; (d) probe, scan or test vulnerabilities without our written approval; (e) scrape, copy, mirror or frame the services except as permitted by law; (f) resell, sublicense or commercially exploit the services except as expressly authorised by us in writing; (g) use the services to build a competing product or service; (h) get around usage limits, access controls or security measures; (i) send spam or messages that recipients have not agreed to receive; or (j) misuse AI-enabled features to generate unlawful, deceptive, infringing, abusive or harmful content.
We may monitor use of the services for security, support, billing and product improvement purposes, subject to our privacy policy.

10. Customer data

As between you and Outcoach, you retain all right, title and interest in customer data.
You grant Outcoach a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, process, display and otherwise use customer data as reasonably necessary to provide, secure, support and maintain the services, to comply with law, and as otherwise permitted by these terms and our privacy policy.
We may generate and use aggregated, statistical or de-identified information derived from customer data for analytics, service improvement, benchmarking and operational purposes, provided that information does not identify you or any individual.
Outcoach does not use customer data to train AI models.

11. Privacy

Our handling of personal information is described in our privacy policy.
Where Outcoach processes personal information on your behalf as part of providing the services, you appoint us to do so in accordance with these terms and our privacy policy.
Nothing in these terms reduces any rights or obligations that cannot lawfully be excluded under applicable privacy laws.

12. Ai-enabled features

Some features may use artificial intelligence, machine learning or automated assistance. Those features may generate content, suggestions, classifications or summaries that are incomplete, inaccurate or unsuitable for your situation.
You are responsible for reviewing and validating AI-generated outputs before relying on them for operational, commercial, legal, safety, child-related or instructional decisions.
You must not use AI-enabled features in a way that breaches law, infringes rights or exposes individuals to unfair, harmful or unsafe outcomes.
We may add, change, limit or withdraw AI-enabled features at any time.

13. Third-party services and payment processors

The services may integrate with or link to third-party products and services, including payment gateways, email or messaging services, calendar tools, storage providers, app stores and analytics tools.
Your use of any third-party service is governed by that provider’s own terms and policies. Outcoach is not responsible for third-party services and does not guarantee their ongoing availability, compatibility or security.
Payment processing is provided by third parties such as Stripe or other providers we choose from time to time.
If you download our mobile app from an app store, the app store’s terms also apply to your use of the app. The app store provider is not a party to these terms and is not responsible for the app or its support.

14. Intellectual property

Outcoach and its licensors own all rights, title and interest in the services, including all software, designs, interfaces, workflows, databases, documentation, branding, text, graphics and other materials, and all related intellectual property rights.
Except for the limited rights expressly granted under these terms, no rights are granted to you.
If you provide feedback, suggestions or ideas about the services, you grant Outcoach a perpetual, irrevocable, worldwide, royalty-free right to use and exploit them without restriction or obligation.

15. Availability, support and changes

We will use reasonable care and skill to provide the services, but we do not promise uninterrupted or error-free availability.
From time to time we may carry out maintenance, release updates, patch security issues, add or remove features, change user interfaces or modify integrations.
We may suspend access to some or all of the services where reasonably necessary for maintenance, security, legal compliance, risk management or protection of other users.

16. Data retention, export and deletion

During an active subscription, you may be able to access and export certain customer data through the product features we make available from time to time.
You are responsible for exporting any data you need before cancellation or termination takes effect. We are not required to keep customer data after that time.
After cancellation or termination, we may retain customer data for a limited period where reasonably necessary for backup, billing, fraud prevention, legal compliance, dispute resolution or enforcement of our rights, and may then delete it unless the law requires us to keep it longer.

17. Confidentiality

Each party may receive confidential information from the other in connection with the services.
A receiving party must use the other party’s confidential information only for the purpose of these terms and must protect it using reasonable care. It may disclose that information to its personnel, service providers and professional advisers who need to know it and are bound by confidentiality obligations.
This clause does not apply to information that is public through no fault of the receiving party, already lawfully known, independently developed, or required to be disclosed by law.
Outcoach may identify you as a customer and display your name and logo on our website and in marketing materials. You may ask us to stop at any time by emailing support@outcoach.io, and we will do so within a reasonable time.

18. Suspension and termination

You may cancel your subscription at any time. Unless we say otherwise in writing, cancellation takes effect at the end of the current paid subscription term.
We may suspend or terminate your access if: (a) you materially breach these terms; (b) payment remains overdue after we have given you notice; (c) your use poses a security, legal or operational risk to the services or other users; or (d) we are required to do so by law.
Where the issue can reasonably be fixed, we will usually give you an opportunity to remedy it first. We do not have to do so where the risk is urgent, unlawful or serious.
We may also terminate your subscription for any reason by giving you at least 30 days’ notice. If we do, we will refund any prepaid fees for the period after termination.
On termination, your right to use the services ends. Clauses that by their nature should continue, including those about fees owed, customer data, intellectual property, confidentiality, liability, indemnity and disputes, survive termination.

19. Warranties and consumer guarantees

Nothing in these terms excludes, restricts or modifies any consumer guarantee, statutory right or other right that cannot lawfully be excluded, including rights under the australian consumer law.

Subject to the previous paragraph, the services are provided on an as is and as available basis and, to the maximum extent permitted by law, Outcoach excludes all implied warranties, representations and conditions, including as to merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability and accuracy.

20. Limitation of liability

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, exemplary, punitive or consequential loss, or for loss of profits, revenue, goodwill, business opportunity or anticipated savings.
To the maximum extent permitted by law, Outcoach’s liability for loss or corruption of customer data is limited to using reasonable efforts to restore the data from the most recent backup we hold.
To the maximum extent permitted by law, Outcoach’s aggregate liability arising out of or in connection with the services or these terms is limited to the total fees paid by you to Outcoach for the services in the 12 months before the event giving rise to the claim.
If a law implies a condition, warranty or guarantee into these terms that cannot be excluded, our liability for breach of that term is limited, where permitted by law, to supplying the relevant services again or paying the cost of having them supplied again.
These limits do not apply to your obligation to pay fees or to your indemnity under clause 21.

21. Indemnity

You indemnify Outcoach and its officers, employees, contractors and agents against any third-party claim, loss, liability, damage, cost or expense arising from or connected with: (a) customer data, or your collection or use of it; (b) your misuse of the services; (c) your breach of these terms; or (d) your breach of law or another person’s rights.

This indemnity is reduced to the extent the claim was caused or contributed to by Outcoach’s own breach of these terms, negligence or unlawful conduct.

22. Force majeure

Neither party is liable for delay or failure to perform its obligations (other than payment obligations) to the extent caused by events beyond its reasonable control, including internet failures, cloud or hosting outages, telecommunications failures, labour disputes, natural disasters, pandemics, government action or failure of third-party service providers.

23. Disputes

Before starting court proceedings, each party must first try to resolve the dispute in good faith by giving written notice and allowing at least 30 days for discussion. This does not prevent a party from seeking urgent interim relief.
If the dispute is not resolved, either party may start proceedings in the courts of Victoria, Australia, unless another mandatory law requires a different forum.

24. General

These terms, together with any order page, pricing page, service-specific terms and our privacy policy, form the entire agreement between you and Outcoach in relation to the services. If there is an inconsistency, a signed agreement or order page prevails over these terms to the extent of the inconsistency.
If any provision is unenforceable, it will be read down or severed, and the rest of these terms will continue in effect.
A failure or delay in exercising a right is not a waiver of that right.
You may not assign or transfer these terms without our prior written consent. We may assign these terms as part of a corporate restructure, sale, merger or transfer of the services or business.
We may give you notices by email to the address on your account or through the services. You may give us notices by email to support@outcoach.io.
These terms are governed by the laws of Victoria, Australia.

25. Contact details

Outcoach Pty Ltd
Email: support@outcoach.io
Address: 700 Swanston Street, Carlton VIC 3053, Australia