Terms of Service

1. These terms

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

These are the Terms for customers who live in South Africa. If you live elsewhere, the Terms for your country apply instead; you can switch between them at the top of this page.

By creating an account or subscribing, you agree to these Terms and our Acceptable Use Policy, AI Disclosure, and Cookie & Tracking Notice, each of which forms part of these Terms. How we handle your personal information is set out in our Privacy Policy (South Africa). If you do not agree, do not use the Service.

Important terms. Some terms limit our liability, ask you to accept a risk, or ask you to cover a loss. They are in Sections 12, 13, and 14, and we show you a summary of them before you pay. Please read them.

Your price and billing terms are in Section 6, and your cancellation and refund rights are in Section 7.

Nothing in these Terms takes away any right you have under the Consumer Protection Act 68 of 2008 or the Electronic Communications and Transactions Act 25 of 2002 that cannot lawfully be taken away.

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, a parent or guardian must agree first. In South Africa you are a minor until you turn 18. Before your subscription starts, we ask for the name and email address of your parent or guardian and send them a request. Your subscription starts only once they agree to these Terms and to how we handle your personal information, as set out in the Privacy Policy. If they do not agree within 7 days, we delete their details and yours.
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.
Your access starts immediately when your subscription or trial starts.
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 a registered dietitian
Any service that only a registered health professional may provide (for example, a medical practitioner, psychologist, physiotherapist, or biokineticist)

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. What you pay, and billing

6.1 Price

The Service is a paid subscription. The price is Rmonthly price per month, or Rupfront price for 90 days paid upfront if an upfront plan is offered. All prices are in South African rand (ZAR).
If your offer includes a free trial Your subscription starts with a 7-day free trial. We collect your card details when you sign up but take no payment during the trial. When you sign up you choose a paid plan, and we show you its price and the date of the first charge. We remind you by email before the trial ends. If you cancel before the trial ends, you are not charged anything.

6.2 VAT

If registered for VAT All prices include value-added tax (VAT) at the standard rate, currently 15%. Our South African VAT registration number is number. We make a tax invoice available to you for each payment.

If not registered for VAT The price shown is the full price you pay. We are not currently registered for South African VAT and do not charge VAT. If we are required to register, we may add VAT at the applicable rate from the date we must charge it. We will give you at least 30 days' notice first, and you may cancel before the change applies to you.

6.3 The full price

The price shown at checkout is the full price for each billing period, including all taxes and fees we charge. We do not add any other charges. Before you pay, we show you a summary of your order and you can correct it or cancel.

6.4 Billing and renewal

Subscriptions are billed in advance, by card, through our payment processor Stripe, and renew automatically at the end of each billing period until you cancel.
Monthly plan: there is no minimum term. It renews every month until you cancel.
Upfront plan if offered: it runs for 90 days. At the end of that term it continues month to month at the monthly price unless you cancel. It will not renew for another upfront term unless you ask it to. Before the term ends, we tell you in writing when it ends, what you will pay after that, and how to cancel.
By subscribing, you authorise us, through Stripe, to charge your card at the start of each billing period until you cancel.

6.5 Payment security

Card payments are processed by Stripe, which is certified to the Payment Card Industry Data Security Standard. We never see or store your full card number.

6.6 Bank fees

Your card issuer may charge its own fees, including a fee because we are a company based outside South Africa. Those fees are set by your bank, not by us, and are not part of our price.

6.7 If a payment fails

If a payment fails, we may retry it and may pause your access until it succeeds. If it keeps failing, your subscription ends and you are not charged again.

6.8 Price changes

We may change the price by giving you at least 30 days' notice by email. A new price applies only from your next billing period after the notice ends, and never to a period you have already paid for. You may cancel before it takes effect. If a change in the law or in the VAT rate changes the tax on the Service, we may adjust the price from the date that change takes effect; we will tell you, and you may cancel.

7. Cancelling, refunds, and your consumer rights

7.1 Your rights under South African law

Nothing in these Terms excludes, restricts, or overrides any right you have under the Consumer Protection Act 68 of 2008 (CPA) or the Electronic Communications and Transactions Act 25 of 2002 (ECTA).

Under the CPA you are entitled to services performed on time and in the manner and quality that persons are generally entitled to expect. If we fall short, you may ask us to fix the problem, or to refund a reasonable part of what you paid, having regard to the extent of the failure. These rights apply regardless of anything else in these Terms.

7.2 Cancelling

You can cancel at any time from your account settings, or by emailing contact@getathly.com. You do not have to give a reason.
Cancelling stops future billing. Your access continues until the end of the period you have already paid for.
Upfront plan if offered: you may also end it early by giving us 20 business days' notice. If you do, we credit you for the part of the term you will not use, less a cancellation charge of Ramount, or none. If you do nothing, it ends at the end of the term, or continues month to month as set out in Section 6.4.

7.3 Seven-day cooling-off

You may cancel within 7 days of your first charge, for any reason, and we will refund that charge in full. Email contact@getathly.com or cancel in your account settings. This applies to your first charge only, not to later renewals. It gives effect to your right under section 44 of the ECTA, and it is in addition to your other rights.

7.4 Other refunds

Apart from your rights under Sections 7.1, 7.2, 7.3, 7.5, and 8, and any other right the law gives you, we do not refund a billing period once it 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 How refunds are paid

Approved refunds are returned to your original card via Stripe, normally within 5–10 business days and always within 30 days of the date you cancelled or we agreed the refund.

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.
Let you choose between switching to another available athlete and cancelling. The choice is yours.
Refund you on a pro-rata basis for any period you have paid for but will not receive.

This is in addition to your rights under Section 7.1.

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.

You can also go to any of the following, whether or not you have complained to us first:

The Consumer Goods and Services Ombud — cgso.org.za
The National Consumer Commission — thencc.org.za, including for complaints under Chapter VII of the ECTA
The consumer protection authority or consumer court in your province
The Information Regulator — inforegulator.org.za, 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. Important: AI coaching and the risk of injury

This section asks you to accept a risk. Read it before you subscribe. Before you pay, we ask you to confirm, separately, that you understand and accept it.

Physical training can cause serious injury. The AI coach cannot see you, examine you, or assess your health or fitness. You are responsible for training within your own limits and for getting professional advice where you need it. You accept that risk.
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 10177 for an ambulance, or 112 from a mobile phone.
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. Important: limits on our liability

This section limits our liability to you.

Subject always to Section 7.1:

We do not promise that the Service will be uninterrupted or error-free, or that AI output will be accurate or suitable for a particular purpose, except as the CPA requires.
We are not liable for indirect or consequential loss, or for loss of profits, data, or opportunity, unless our negligence caused it.
We are not liable for loss or harm arising from: your reliance on AI output against the warnings in Section 12; injury from training you chose to undertake, unless it was caused by our negligence; your breach of these Terms or the Acceptable Use Policy; or matters beyond our reasonable control.
Where our liability can lawfully be limited, our total liability to you is limited to the greater of (a) the amount you paid us in the 12 months before the claim, or (b) Ramount.

None of these limits applies to death or personal injury caused by our negligence, to loss caused by our gross negligence or fraud, or to any liability the CPA or the ECTA does not allow us to limit.

14. Important: when you must cover our losses

This section asks you to cover certain losses.

You agree to compensate Athly and the relevant athlete for claims, losses, and reasonable costs that result from: (a) your breach of these Terms or the Acceptable Use Policy; (b) your unlawful use of the Service or its outputs; or (c) content you submit that infringes someone else's rights. This does not apply to the extent the loss was caused by our own fault, or by the athlete's.

15. Privacy

We handle your personal information in accordance with our Privacy Policy (South Africa). It explains what we collect, the grounds we rely on, where your information is processed (including outside South Africa), and your rights under the Protection of Personal Information Act 4 of 2013.

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.

15A. Text messages

If you apply for a place with one of our athletes, the application form asks for your mobile number and you tick a box confirming we may text you about that application. The box is never pre-ticked and the form cannot be submitted without it.

We send you the outcome of your application, the details of any place we offer you, and reminders about the deadline on that offer. Message frequency varies and is no more than four messages in relation to an application. Message and data rates may apply, depending on your mobile plan.

Reply STOP to any message and we will stop texting you. Reply HELP for help, or email contact@getathly.com. Opting out of text messages does not cancel your subscription and does not stop service emails.

How we handle your mobile number, including that it is never shared with third parties or affiliates for marketing purposes, is set out in Section 11A of the Privacy Policy.

15B. Text messages and marketing if you live in South Africa

This section adds to Section 15A for people who live in South Africa. Where it differs from Section 15A, this section applies to you.

Who is texting you. Athly Operations Pty Ltd, Level 2/315 Brunswick St, Fortitude Valley QLD 4006, Australia; contact@getathly.com.
Your choice. Agreeing to receive text messages about your application is optional. If you do not agree, we contact you about your application by email instead.
When we send them. We send these messages only between 08:00 and 20:00 on weekdays and between 09:00 and 13:00 on Saturdays, South African time, and never on Sundays or South African public holidays.
Other marketing. We send you other marketing by SMS or email only if you separately agree to receive it, or, if you are a paying subscriber, about our own similar coaching services, having given you the chance to refuse it when you signed up. Every marketing message says who sent it and how to stop it, free of charge.
Stopping messages. Reply STOP to any text, use the unsubscribe link in any email, or email contact@getathly.com. You can also register a block on direct marketing with the National Consumer Commission (thencc.org.za). We check that register before sending you marketing.

16. Suspension and termination

You can cancel at any time (Section 7.2).
We may suspend or end your access immediately if you materially breach these Terms or the Acceptable Use Policy, if the law requires it, or to protect the safety of users, the athlete, or the Service. A person at Athly reviews that decision, and you can contact us to explain your side.
In any other case, we will give you at least 30 days' notice by email before we end your subscription, and refund you on a pro-rata basis for any period you have paid for but will not receive.
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.

17. Disputes and governing law

These Terms are governed by the law of the Republic of South Africa.
You may bring a complaint or claim in any South African court that has jurisdiction, or use any of the bodies listed in Section 9.
We encourage you to contact us first so we can try to fix the problem. This does not limit your right to go to any of those bodies or to a court.

18. Changes to these Terms

We may update these Terms. The current version is always at getathly.com. Before a change that affects you takes effect, we will tell you directly, by email or in-app. If you do not accept it, you may cancel immediately and we will refund you on a pro-rata basis for any period you have paid for but will not receive.

19. General

Entire agreement: these Terms and the documents that form part of them are the whole agreement between us about the Service. This does not affect any statement we made to you on which you relied.
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 transfer these Terms to anyone else. We may transfer them to a successor, for example on a sale of the business, provided your rights under these Terms are not reduced.

20. About us, and keeping a copy of these Terms

About Athly
Full name and legal status	Athly Operations Pty Ltd, an Australian proprietary company limited by shares
Registration	ACN 696 739 027, registered in Queensland, Australia; ABN 59 696 739 027
Directors	names of directors
Physical address, and address for service of legal documents	Level 2/315 Brunswick St, Fortitude Valley QLD 4006, Australia
Telephone	telephone number
Email	contact@getathly.com
Website	getathly.com
Self-regulatory or accreditation bodies, codes of conduct, alternative dispute resolution codes	none

Keeping a copy. You can print or save these Terms from this page at any time. We also email you a copy when you subscribe.

Your transaction record. We email you a receipt for every payment. Your billing history is available in your account settings, and we keep payment records for 7 years.

Terms of Service (South Africa)