1. Acceptance of Terms
By accessing and using Totality ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. These Terms & Conditions apply to all users, including trainers, gym administrators, clients, and superadministrators. If you do not agree to abide by the above, please do not use this service.
2. Definitions
- "Service" refers to the Totality coaching management platform, including the web application, mobile applications, APIs, and all related features and functionalities.
- "We," "us," "our," and "Totality" refer to Totality 360 Pty Ltd (ABN 58 698 902 975), a company registered in New South Wales, Australia.
- "You," "your," and "user" refer to any individual or entity accessing or using the Service.
- "Content" includes all text, images, videos, documents, programmes, exercises, and any other material you upload, create, or store within the Service.
- "Subscription Tier" refers to your chosen service level (e.g., Basic, Professional, Premium) which determines available features and pricing.
3. The Service
Totality is a coaching and fitness management platform designed to help fitness professionals manage clients, track progress, deliver programmes, and conduct assessments. The Service provides tools for:
- Client onboarding and assessment
- Workout and programme design and delivery
- Nutrition tracking and food logging
- Progress tracking and analytics
- Messaging and communication
- Video hosting and playback for exercise demonstrations
- Compliance document management
- Administrative and reporting functions
4. User Accounts & Registration
To use Totality, you must create an account and provide accurate, complete, and current information. You are responsible for:
- Maintaining the confidentiality of your password and account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
- Being at least 18 years of age
You may not share your account with others or permit others to use your credentials. We reserve the right to suspend or terminate accounts that violate this policy.
5. Subscriptions & Billing
Subscription Plans
Totality offers subscription-based access to the Service. Your subscription tier determines which features you can access and the cost of your subscription.
Auto-Renewal
Your subscription will automatically renew at the end of each billing period (monthly or annually, depending on your chosen plan) unless you cancel before the renewal date. You will be charged the subscription fee for the upcoming period using the payment method on file.
Cancellation
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period. No refunds will be issued for partial months or unused services.
Payment
You authorize Totality to charge your selected payment method for all fees and charges due under your subscription. We reserve the right to update billing information, including card details, to process renewals. If payment fails, we may suspend your account after a reasonable notice period.
Price Changes
We may change subscription prices at any time. If a price increase occurs, we will provide at least 30 days' notice. Your continued use of the Service after the notice period constitutes acceptance of the new pricing.
6. Acceptable Use
You agree not to use the Service to:
- Violate any local, state, national, or international laws or regulations
- Harass, abuse, or harm any individual or group
- Transmit obscene, defamatory, or illegal content
- Interfere with or disrupt the Service or servers connected to it
- Attempt to gain unauthorized access to our systems or data
- Engage in any form of automated data harvesting, scraping, or unauthorized access
- Impersonate another person or misrepresent your identity or affiliation
- Infringe upon intellectual property rights of any third party
- Spam, phish, or engage in any deceptive or fraudulent activity
Violation of these rules may result in immediate suspension or termination of your account without refund.
7. User Content & Intellectual Property License
Your Content
You retain ownership of all original content you create and upload to Totality, including exercises, videos, programmes, assessments, and any other materials.
License Grant
By uploading, creating, or storing any content within Totality, you grant Totality 360 Pty Ltd (ABN 58 698 902 975) a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, perform, and exploit that content for any purpose, including but not limited to:
- Displaying your content to your clients and other authorized users
- Improving and enhancing the Service and our algorithms
- Marketing and promoting Totality and its features
- Creating derivative works based on your content
- Archiving and backing up your content for data protection purposes
- Analyzing usage patterns and trends across the platform
This license continues even if you delete the content or close your account, except where prohibited by law.
Restrictions
You may not upload, post, or transmit any content that infringes upon the intellectual property rights of others. You represent and warrant that all content you upload is original, owned by you, or licensed to you, and that you have the right to grant the licenses herein.
8. Totality Intellectual Property
All content, features, functionality, design, compilation, information, and materials in the Service are the exclusive property of Totality 360 Pty Ltd (ABN 58 698 902 975) or its suppliers and are protected by international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, transmit, display, or perform any content from Totality without our prior written consent, except as permitted for personal, non-commercial use within the Service.
9. Privacy & Data Protection
Your use of Totality is also governed by our Privacy Policy. We collect, use, and store personal data in accordance with applicable privacy laws, including the Privacy Act 1988 (Cth) in Australia. By using Totality, you consent to our collection and use of your data as described in our Privacy Policy.
10. Health Disclaimer
Important: Totality is a coaching management tool, not a medical service. The Service provides information and programmes for fitness and wellness purposes only and should not be considered medical advice, diagnosis, or treatment. You assume all risks associated with any exercise or fitness programme provided through Totality.
Before starting any new exercise programme, consulting a healthcare professional for medical advice, and obtaining clearance from a qualified physician is essential. This is particularly important if you have any pre-existing medical conditions, injuries, or concerns about your health.
Trainers and other users of Totality are responsible for ensuring that the programmes and advice they provide are safe, appropriate, and suitable for each individual client. You acknowledge that fitness activities carry inherent risks, including the risk of serious injury or death.
11. Trainer Responsibility
Trainers and fitness professionals who use Totality are solely responsible for the safety, quality, and appropriateness of all programmes, assessments, and advice they deliver to their clients. This includes:
- Proper assessment of client fitness levels and limitations
- Ensuring programmes are appropriate for each client's abilities and health status
- Providing proper instruction and supervision
- Maintaining professional liability insurance as required by law
- Complying with all applicable laws, regulations, and professional standards
Totality is not responsible for the quality, safety, or legality of programmes or advice provided by trainers through the Service.
12. Third-Party Services
Totality may integrate with or link to third-party services, including payment processors, video hosting platforms, and analytics providers. We are not responsible for the content, accuracy, or practices of third-party services. Your use of these services is governed by their respective terms and privacy policies. We are not liable for any loss or damage resulting from your use of third-party services.
13. Service Availability & Maintenance
We strive to maintain high availability of the Service, but we do not guarantee uninterrupted access. We may temporarily suspend or discontinue the Service for maintenance, updates, security reasons, or other operational purposes. We will attempt to provide notice of planned downtime, but emergency maintenance may be performed without notice.
14. Limitation of Liability
To the maximum extent permitted by law, Totality 360 Pty Ltd (ABN 58 698 902 975) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, business interruption, or loss of goodwill, arising out of or related to your use of or inability to use the Service, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising out of or related to these Terms or the Service shall not exceed the amount you paid to Totality in the 12 months preceding the claim.
15. Indemnification
You agree to indemnify, defend, and hold harmless Totality 360 Pty Ltd (ABN 58 698 902 975) and its officers, directors, employees, agents, and successors from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Service or violation of these Terms
- Your content or any content you upload to Totality
- Your infringement of any third-party intellectual property rights
- Any programmes, advice, or services you provide to clients using Totality
- Any injury or harm caused by programmes or advice delivered through Totality
16. Termination
We reserve the right to suspend or terminate your account and access to Totality at any time, with or without cause, and with or without notice, if we determine that:
- You have violated these Terms & Conditions
- You have engaged in illegal activity
- You have provided false or misleading information
- You have harassed, abused, or threatened others
- Your account poses a risk to the security or integrity of the Service
- You have engaged in fraud or deception
Upon termination, your right to access the Service ceases immediately. You will remain liable for all charges and fees incurred up to the time of termination. We may retain your data in accordance with our privacy policy and applicable law.
17. Changes to These Terms
We may update these Terms & Conditions from time to time. If we make material changes, we will provide at least 30 days' notice by posting the updated Terms on our website or notifying you via email. Your continued use of Totality after the effective date of updated Terms constitutes your acceptance of the changes.
18. Governing Law & Jurisdiction
These Terms & Conditions are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflicts of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of New South Wales, and you consent to the jurisdiction and venue of such courts.
19. General Provisions
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Totality regarding your use of the Service and supersede any prior agreements or understandings.
Waiver
No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver.
Assignment
You may not assign these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms without consent.
20. Contact Us
If you have questions, concerns, or complaints regarding these Terms & Conditions or the Service, please contact us at:
Totality 360 Pty Ltd (ABN 58 698 902 975)
Email: admintotality@gmail.com
Website: https://totality-omega.vercel.app