Back to site

Terms of Service

Effective 5 August 2026 · Last updated 12 August 2026 · Version 2.1

1. These terms

These Terms of Service ("Terms") are a binding agreement between you and Athly Operations Pty Ltd (ACN 696 739 027 / ABN 59 696 739 027) of Level 2/315 Brunswick St, Fortitude Valley QLD 4006 ("Athly", "we", "us"). They govern your use of the Athly subscription platform, the AI coaching experience, and related content and features (the "Service").

By creating an account or subscribing, you agree to these Terms, our Privacy Policy, Acceptable Use Policy, AI Disclosure, and Cookie & Tracking Notice, each of which is incorporated into these Terms. If you do not agree, do not use the Service.

Your refund and cancellation rights are in Section 7 of these Terms.

2. Eligibility

  • You must be 16 or over to hold an account. We ask for your age at the start of sign-up and will not create an account for anyone under 16.
  • If you are 16 or 17, you confirm you understand the Service gives general training information only, and you are encouraged to involve a parent, guardian, or coach.
  • You must provide accurate registration information and keep it current.

3. Accounts and security

  • You are responsible for your account and for keeping your login credentials secure.
  • You must not share, sell, or transfer your account.
  • Tell us promptly at contact@getathly.com if you suspect unauthorised use.
  • You are responsible for activity under your account, except to the extent caused by our failure.

4. The Service — what it is

  • The Service provides an AI coaching experience built from an athlete's training methodology, voice, and likeness, delivered as personalised chat, training programs, and content.
  • The AI coach is an AI system, not the athlete personally. Content is AI-generated. See Section 12 and the AI Disclosure.
  • You subscribe to one athlete at a time.
  • We may add, change, or remove features, and we may change which athletes are available. Where an athlete becomes unavailable, Section 8 applies.

5. What the AI coach will not do

The AI coach is limited to general athletic coaching: skills and technique, strength and conditioning, mindset and mental preparation, training plans and periodisation, recovery and load management, general non-clinical nutrition, and match or event preparation.

The AI coach will not provide, and you must not rely on it for:

  • Medical, therapeutic, or diagnostic advice
  • Rehabilitation, injury recovery, return-to-play, or injury-prevention protocols framed as treatment
  • Clinical mental health advice, diagnosis, or treatment
  • Regulated dietary advice, including weight-loss claims, clinical nutrition prescriptions, or advice requiring an Accredited Practising Dietitian
  • Any service reserved to a protected title under the Health Practitioner Regulation National Law (for example, medical practitioner, psychologist, physiotherapist, or any AHPRA-registered profession)

Where a conversation moves into these areas, the AI coach will decline and direct you to a qualified professional. The Service is not a medical device and is not intended to diagnose, treat, cure, or prevent any condition.

6. Subscriptions, pricing, and billing

  • New subscriptions start with a 7-day free trial. We collect your card details when you sign up, but take no payment during the trial. At the end of the trial we charge your card the full price of the plan you chose — $29 for monthly, or $65 for three months — and then at each renewal until you cancel. We tell you the exact date and amount when you sign up, and again by email three days before the trial ends. If you cancel before the trial ends you are not charged anything. One free trial per person, per athlete.
  • The Service is a paid subscription. Current pricing is $29 per month, or $65 for three months paid upfront. Prices are in Australian dollars and include GST where applicable.
  • Subscriptions are billed in advance via Stripe, and renew automatically at the end of each billing period until you cancel.
  • By subscribing, you authorise us (through Stripe) to charge your payment method each billing period until you cancel.
  • If a payment fails, we may retry in line with standard Stripe retry behaviour, and may pause your access until payment succeeds.
  • We may change pricing on reasonable advance notice. Changes apply from your next billing period, and you may cancel before they take effect. A price change never applies to a period you have already paid for.

7. Refunds, cancellation, and your consumer rights

7.1 Your rights under the Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law (ACL) or any other law that cannot be excluded. Your non-excludable rights prevail over any inconsistent term here.

Our services come with guarantees that cannot be excluded. Among other things, services must be provided with due care and skill, be fit for any purpose we or you specified, and be supplied within a reasonable time. Digital products must be of acceptable quality and match their description.

If we fail to meet a consumer guarantee, you may be entitled to a remedy — a refund, a re-supply, or compensation — depending on whether the failure is major or minor:

  • Major failure (the Service is substantially unfit, unsafe, or significantly different from how it was described): you can choose a refund, or keep the Service and seek compensation for the drop in value.
  • Minor failure (something we can fix): we may choose to fix the problem within a reasonable time instead of refunding.

These rights apply regardless of anything else in this Section.

7.2 Cancelling your subscription

  • You can cancel at any time from your account settings, or by emailing contact@getathly.com.
  • Cancellation stops future billing. Your access continues until the end of the period you have already paid for.
  • Cancelling a three-month upfront plan stops it renewing; your access runs to the end of the three months.

7.3 Goodwill refund window

If you cancel within 48 hours of your first ever charge and you are not satisfied with the Service, email us at contact@getathly.com and we will refund that charge in full. This applies once per customer, to the first charge only.

7.4 Change-of-mind refunds outside that window

Outside your non-excludable ACL rights and the goodwill window in 7.3, our standard position for a digital subscription is no refunds for change of mind once a billing period has started.

We may still, at our discretion, offer a refund or credit in individual cases — for example an accidental duplicate charge or a clear service outage. Doing so once does not oblige us to do so again.

7.5 Billing errors

If you are charged in error — a duplicate charge, or a charge after you validly cancelled — contact us and we will investigate and refund any confirmed error.

7.6 Refunds where your athlete leaves

See Section 8. Those refunds are additional to, and do not limit, your rights in 7.1.

7.7 How refunds are paid

Approved refunds are returned to the original payment method via Stripe, normally within 5–10 business days.

8. If your athlete leaves the platform

Athletes partner with Athly under fixed-term agreements. An athlete may stop being available on the Service — for example if their agreement ends, or in the event of their death or incapacity.

You should understand this before subscribing:

  • If your athlete's agreement ends, we may continue serving existing subscribers for up to 90 days from that date, and no new subscriptions to that athlete will be accepted. We will notify you as soon as we can.
  • In the event of an athlete's death or permanent incapacity, that athlete's AI coach winds down to existing subscribers only within 7 days, out of respect and because our rights to use their likeness end.

In either case we will:

  • Notify you by email as soon as we reasonably can, telling you the date access will end.
  • Offer you the choice of switching to another available athlete, or cancelling.
  • Refund you on a pro-rata basis for any period you have paid for but will not receive. This matters most on the three-month upfront plan — if you have paid for three months and access ends after one, you get two months back.

This is in addition to your rights under Section 7.1. If the loss of your athlete amounts to a major failure under the ACL, your ACL remedies still apply.

9. Complaints

We want to hear about problems and fix them.

  • Email contact@getathly.com with "Complaint" in the subject and a description of the issue.
  • We will acknowledge within 2 business days.
  • We aim to resolve within 30 days, and will keep you updated if it takes longer.
  • We will tell you the outcome and our reasons.

If we cannot resolve your complaint, you can contact:

  • The Australian Competition and Consumer Commission (ACCC), or your state consumer-protection agency — in Queensland, the Office of Fair Trading Queensland — for consumer-law matters.
  • The Office of the Australian Information Commissioner (OAIC) for privacy matters (see the Privacy Policy).

10. Acceptable use

Your use of the Service is subject to the Acceptable Use Policy. Breaching it is a breach of these Terms and may lead to suspension or termination (see Section 16).

11. Intellectual property and licence to you

  • The Service — including all software, models, prompts, content, and the athlete's voice and likeness as delivered through the Service — is owned by Athly or its licensors, including the athletes.
  • We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own personal, non-commercial training while your subscription is active.
  • You receive no rights in the athlete's voice, likeness, or any AI output beyond using them within the Service. You must not record, reproduce, distribute, publish, or create derivative works from them (see the Acceptable Use Policy).
  • Any feedback you give us may be used by us without obligation to you.

12. AI disclaimer — important

  • The AI coach produces AI-generated content that can be inaccurate, incomplete, or wrong. You must use your own judgement.
  • The Service provides general fitness and training information only. It is not medical, physiotherapy, psychological, clinical-nutritional, legal, or financial advice, and is not a substitute for a qualified professional. See Section 5.
  • Do not rely on the Service for decisions about injury, illness, pain, mental health, or any matter affecting your health or safety. Consult a qualified professional. In an emergency, call 000.
  • Physical training carries inherent risk of injury. You participate at your own risk and are responsible for training within your own limits and seeking professional guidance.
  • The AI coach is not the athlete, is not the athlete speaking to you live or in real time, and does not necessarily reflect the athlete's personal views.

13. Limitation of liability

To the maximum extent permitted by law, and subject to Section 7.1:

  • The Service is provided "as is" and "as available". We do not warrant that it will be uninterrupted or error-free, or that AI output will be accurate or fit for a particular purpose.
  • We are not liable for indirect, incidental, special, or consequential loss, or for loss of profits, data, or opportunity.
  • We are not liable for loss or harm arising from: your reliance on AI output; physical injury from training you chose to undertake; your breach of these Terms or the Acceptable Use Policy; or matters beyond our reasonable control.
  • Where our liability cannot be excluded but can be limited, our total aggregate liability to you is limited to the greater of (a) the amount you paid us in the 12 months before the claim, or (b) AUD $100.

14. Indemnity

To the maximum extent permitted by law, you agree to indemnify Athly and the relevant athlete against claims, losses, and costs arising from: (a) your breach of these Terms or the Acceptable Use Policy; (b) your misuse of the Service or its outputs; (c) content you submit; or (d) your infringement of any third party's rights. This does not apply to the extent the loss was caused by our own fault.

15. Privacy

We handle your personal information in accordance with our Privacy Policy. By using the Service you acknowledge that policy, including that you may disclose health information through chat, and that some processing occurs overseas.

Sharing your details with your athlete is optional and separate. We only give the athlete your name and email address if you specifically opt in, and you can withdraw that at any time. See Section 4 of the Privacy Policy.

16. Suspension and termination

  • You can cancel at any time (Section 7.2).
  • We may suspend or terminate your access, with or without notice, if you breach these Terms or the Acceptable Use Policy, if required by law, or to protect users, the athlete, or the Service.
  • On termination, your licence ends and we may delete your data in line with the Privacy Policy retention periods. Sections that by their nature should survive (7, 11–14, 17) survive termination.
  • Termination does not entitle you to a refund except as required by the Australian Consumer Law, or as set out in Sections 7 and 8.

17. Disputes and governing law

  • These Terms are governed by the laws of Queensland, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Queensland.
  • Before starting proceedings, you agree to first raise the issue with us at contact@getathly.com and attempt to resolve it in good faith (Section 9). This does not prevent either of us seeking urgent relief.

18. Changes to these Terms

We may update these Terms. The current version is always at getathly.com. For material changes, we will give reasonable notice (for example by email or in-app) before they take effect. Continuing to use the Service after that means you accept the updated Terms.

19. General

  • Entire agreement: these Terms and the documents they incorporate are the whole agreement between us about the Service.
  • Severance: if part of these Terms is unenforceable, the rest continues.
  • No waiver: if we do not enforce a right, that is not a waiver of it.
  • Assignment: you may not assign these Terms; we may assign them to a successor, for example on a sale of the business.

20. Contact

Athly Operations Pty Ltd (ABN 59 696 739 027)

Level 2/315 Brunswick St, Fortitude Valley QLD 4006

contact@getathly.com

Version 2.0 — 5 August 2026