PX | Terms of Use
Effective from 25.06.2026 · Version 2.0
1. Introduction and definitions
1.1 These Terms of Use (the “Terms”) govern your access to and use of the PX mobile applications, the PX website at pxmembership.com, and any related products and services (together, the “Services”). The Services are provided by Pursue Excellence Ltd and its affiliates (described in Section 2). 1.2 These Terms form a legally binding contract between you and PX. Please read them carefully. By creating an account, downloading the application, or otherwise using the Services, you confirm that you have read these Terms, that you agree to them, and that you are entering into a contract with PX. 1.3 Defined terms used throughout these Terms have the meanings set out below. Other terms are defined in the section in which they first appear.
| Term | Meaning |
|---|---|
| “Account” | Your registered PX user account. |
| “AI Coach” | The artificial-intelligence coaching system that delivers personalised guidance across the Move, Mind and Fuel pillars. |
| “App Store” | The Apple App Store and Google Play Store, individually or together, as the context requires. |
| “Community” | The user community features within the Services, including the social feed, posts, comments and reactions. |
| “Content” | All text, images, videos, audio, software, scores, recommendations, plans and other material made available through the Services. |
| “Free Plan” | The free tier of the Services. |
| “PX”, “we”, “our”, “us” | Pursue Excellence Ltd and its affiliates. |
| “Premium” | The paid subscription tier of the Services, including any Premium-equivalent tier we offer under a different name. |
| “Services” | As defined in clause 1.1. |
| “Subscription” | A paid subscription to Premium or any other paid tier of the Services. |
| “User Content” | Content that you submit, post, upload, or otherwise make available through the Services, including posts, comments, photos, voice messages, logged activity and conversations with the AI Coach. |
| “You” / “your” | The natural person who uses the Services. |
2. Who we are
2.1 PX is operated by: Pursue Excellence Ltd — a private limited company incorporated in England and Wales under the Companies Act 2006. Company Number: 16333455. Date of incorporation: 21 March 2025. Registered office: Office 12115, 182–184 High Street North, East Ham, London E6 2JA, United Kingdom. Contact: support@pxmembership.com 2.2 The Services are developed and delivered with operational support from our Australian operating company: Pursue Excellence Pty. Ltd. — an Australian Proprietary Company, Limited By Shares. ACN: 698 671 297. ABN: [TO BE ASSIGNED]. Registered office: 7 Mandolin Avenue, Helensvale QLD 4212, Australia. Contact: support@pxmembership.com Note on ABN status: At the time of publication, an ABN had not yet been assigned to Pursue Excellence Pty. Ltd. These Terms will be updated once the ABN is issued. The ACN remains the company’s primary registered identifier in the interim. 2.3 Other defined entities and sub-processors are listed in our Privacy Policy at pxmembership.com/privacy.
3. Acceptance, eligibility and account
3.1 Acceptance
By using the Services, you confirm that you have read these Terms, our Privacy Policy and any other policies we publish from time to time, and that you agree to be bound by them. If you do not agree, you must not use the Services.
3.2 Age and capacity
The Services are intended for adults. You must be at least 18 years old and able to enter into a binding contract under the laws of the country in which you are resident. By using the Services, you confirm that you meet this requirement.
3.3 Your Account
- You must register an Account to use the Services beyond a limited preview state. You agree to provide accurate, current and complete information when registering, and to keep that information up to date.
- You are responsible for keeping your Account credentials secure and for all activity that occurs under your Account. You must notify us immediately at support@pxmembership.com if you suspect any unauthorised access.
- You are responsible for any loss or damage arising from your failure to safeguard your Account.
- You may not share your Account with anyone else. Each Account is for the use of one person only.
- We may suspend or terminate Accounts that are inactive for an extended period, or that we reasonably believe to have been registered or used in breach of these Terms.
4. The Services
4.1 The Services provide AI-driven coaching across three pillars — Move (training, recovery, movement), Mind (mental performance, meditation, breathwork, sleep) and Fuel (nutrition, supplementation, hydration) — together with related features such as a Quick Start session generator, an Insights dashboard, an Ask PX conversational coach, body scans (opt-in), a Community feed, and integrations with third-party wearables and calendars. 4.2 The Services are continually evolving. We may add, remove, modify or improve features at any time. Where a material change is likely to affect your use of the Services in an adverse way, we will give you reasonable advance notice. 4.3 Certain features may be limited to particular subscription tiers, jurisdictions, languages, devices or operating systems. We will indicate these limitations where relevant. 4.4 Availability of the Services may be affected by maintenance, the performance of third-party services we depend upon, and events outside our reasonable control. We will use reasonable efforts to make the Services available, but we do not guarantee uninterrupted availability.
5. Free Plan and Premium Subscriptions
5.1 Free Plan
The Free Plan provides limited daily AI coaching, deep guidance in a single pillar of your choice, logging across Move, Mind and Fuel, progress tracking and certain other features. The exact scope of the Free Plan is set out in-app and on our website, and may change from time to time. The Free Plan is provided to you free of charge, on an “as is” basis, subject to fair use and these Terms.
5.2 Premium Subscription
A Premium Subscription unlocks the full Services, including unlimited Ask PX, deep coaching across all three pillars, longevity metrics (healthspan capture, biological age direction, VO₂max estimates), full wearable integration, and persistent memory across coaching conversations. Premium is offered at:
- Monthly — $19.99 USD per month
- Annual — $149.99 USD per year (approximately 37% saving versus monthly billing)
Localised pricing applies in jurisdictions outside the United States. The applicable price in your local currency is displayed at the point of purchase. App Store and Play Store handle currency conversion automatically.
5.3 Free trial
New Premium subscribers may be offered a free trial period (typically seven days). The exact length and terms of the trial are disclosed at the point of purchase. Unless you cancel at least 24 hours before the end of the trial, your Subscription will automatically convert to a paid Subscription, and you will be charged the applicable price at the start of the first paid billing period. You may use a free trial only once per platform Account (Apple ID or Google Account, as applicable). Attempting to obtain multiple free trials by creating multiple Accounts is a breach of these Terms.
5.4 Automatic renewal
Premium Subscriptions renew automatically. Unless you cancel at least 24 hours before the end of the current billing period, your Subscription will automatically renew at the then-current price for the same renewal period. The renewal will be charged to your payment method on file with Apple, Google or Stripe (as applicable) at the start of each renewal period. You can manage and cancel your Subscription at any time:
- Apple App Store: in Settings → [your name] → Subscriptions on your iOS device.
- Google Play Store: in the Play Store app → Menu → Subscriptions on your Android device.
- Web (Stripe): in the PX website Account settings.
If you cancel, you will retain access to Premium features until the end of your current billing period; you will not receive a refund for the unused portion of that period unless required by applicable law. If your payment method fails, we may suspend access to Premium features and attempt to collect the amount owed in accordance with the relevant platform’s policies.
5.5 Refunds
- Apple App Store: refund requests for purchases made through the App Store must be submitted directly to Apple at reportaproblem.apple.com. PX does not control refund decisions for App Store purchases.
- Google Play Store: refund requests for purchases made through Google Play are subject to Google’s refund policies. PX does not control refund decisions for Play Store purchases beyond the first 48 hours.
- Web (Stripe): refund requests for purchases made directly through our website may be submitted to support@pxmembership.com. We will consider each request in accordance with applicable consumer protection law.
Statutory rights: nothing in this Section 5.5 limits any statutory right of refund you may have, including under the EU Consumer Rights Directive (Directive 2011/83/EU), the UK Consumer Rights Act 2015, the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Australian Consumer Law, or any applicable US state consumer protection statute.
5.6 Changes to pricing
We may change the price of Premium from time to time. Where we change the price for an existing Subscription, we will give you advance notice (at least one full billing period for monthly Subscriptions, or at least 30 days for annual Subscriptions), and you will have the opportunity to cancel before the new price takes effect. Existing subscribers may be offered legacy pricing or grandfathered terms in our discretion; these are non-transferable and may be withdrawn at any time on reasonable notice.
5.7 Promotional offers and codes
We may offer promotional pricing, discount codes, referral credits or free Subscription periods from time to time. Each offer is governed by its own terms, which we will publish at the point of offer. Promotional offers may be limited in eligibility, time, geography or number, may not be combined with other offers, and may be withdrawn at any time. We reserve the right to refuse or revoke an offer that has been obtained by fraud, abuse, or violation of these Terms.
6. License and ownership
6.1 Licence to you
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your own non-commercial personal use. The licence is conditional on your continued compliance with these Terms. It terminates automatically if you breach these Terms.
6.2 PX content
The Services and all Content we make available through them — including the AI Coach, the underlying models, scoring engines, training programmes, recipes, mindfulness sessions, recommendations, software, design, text, graphics, audio, video, and the PX name, logo and trademarks — are owned by or licensed to PX and are protected by intellectual property laws. Nothing in these Terms transfers any ownership rights to you. All rights not expressly granted are reserved.
6.3 Feedback
If you provide us with feedback, suggestions or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use that feedback for any purpose, without obligation to compensate you.
6.4 Restrictions
You must not:
- copy, modify, distribute, sell, lease or sublicense any part of the Services;
- reverse engineer, decompile or disassemble any part of the Services, except to the extent that applicable law expressly permits this notwithstanding this restriction;
- circumvent, disable or interfere with security or access controls;
- use any automated means (bots, scrapers, crawlers) to access the Services, except for publicly available pages and only in accordance with our robots.txt;
- use the Services to develop a competing product or service, or to train any machine learning model;
- use the Services in a way that interferes with their availability or performance;
- use the Services to violate the rights of any third party.
7. Medical Disclaimer
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
7.1 PX is not medical advice
PX is not a medical device. PX does not provide medical advice, diagnosis, treatment or care. The Services, including the AI Coach, the PX Score, healthspan capture, biological age direction, VO₂max estimates, longevity protocols, fasting guidance, supplement guidance, and all other content, are provided for general wellness and personal-performance purposes only. The AI Coach is a guide, not a clinician. The AI Coach does not know your full medical history, does not perform clinical examinations, and cannot diagnose, treat, cure or prevent any disease or condition. The information, recommendations and scores generated by the Services are intended to support, not replace, the relationship that exists between you and your healthcare providers.
7.2 Consult your healthcare provider
Before starting any new training programme, dietary protocol, fasting practice, supplementation regime or other significant change to your lifestyle, you should consult a qualified healthcare provider — especially if:
- you have any existing medical condition (including but not limited to cardiovascular disease, hypertension, diabetes, kidney disease, eating disorders, mental health conditions, musculoskeletal injuries or pregnancy-related conditions);
- you are taking any prescription medication;
- you are pregnant, breastfeeding, or trying to conceive;
- you are recovering from illness, injury or surgery;
- you have not exercised regularly in the past six months;
- you are over 65 or have any concern about your fitness to exercise.
If you experience any symptom that concerns you — including chest pain, severe shortness of breath, dizziness, fainting, irregular heartbeat, persistent injury, or any other warning sign — stop using the Services immediately and seek qualified medical attention.
7.3 Emergencies
The Services are not for use in medical emergencies. If you believe you are experiencing a medical emergency, call your local emergency services immediately. Do not rely on the Services in an emergency. If you are in crisis or are having thoughts of suicide or self-harm, please contact your local emergency services or a crisis helpline. We are not a crisis service.
7.4 Longevity, healthspan and biological age
The Services may display longevity-related metrics, including a healthspan capture score, a biological age direction (younger / aligned / older), and a VO₂max estimate. These metrics are directional indicators based on the evidence we cite in-app. They are not medical assessments. The biological age direction is a direction, not a number, and is not a measurement of your actual chronological or epigenetic age. The healthspan capture is a “capture percentage” of well-documented healthspan domains, not a promise of any specific number of additional years of life. No claim is made or should be inferred that the use of the Services will extend your lifespan or healthspan.
7.5 Fasting and nutrition protocols
The Services may make available certain fasting protocols (such as Time-Restricted Eating or Fasting-Mimicking Diet), supplementation guidance (such as creatine, omega-3, vitamin D), and other nutrition-related content. This content is educational and is not a prescription. Fasting protocols are not suitable for people who are pregnant, breastfeeding, under 18, recovering from an eating disorder, taking medication that requires food intake, or diagnosed with conditions that contraindicate fasting. Consult your healthcare provider before starting any fasting protocol. Supplementation guidance is not a medical recommendation. Many supplements interact with medications. Consult your healthcare provider before adding any supplement to your routine.
7.6 Wearable data
Information received from third-party wearable devices and health apps may be inaccurate, incomplete or out of date. We display and use this information on a best-effort basis. We are not responsible for the accuracy of data provided by third-party devices. Do not use wearable-derived metrics shown in the Services as a substitute for clinical measurement.
7.7 Your responsibility
You are solely responsible for any decisions you make based on the Services and for the consequences of those decisions. By using the Services, you acknowledge that you understand the limitations described in this Section 7 and that you have read and accepted them.
8. Acceptable Use
You agree to use the Services lawfully, respectfully, and only for the purposes for which they are intended. You must not use the Services to:
- violate any applicable law, regulation or right of any other person;
- harass, threaten, defame, impersonate or intimidate any person;
- post or transmit content that is unlawful, defamatory, obscene, hateful, discriminatory, sexually explicit, violent or otherwise objectionable;
- engage in any activity that exploits, harms or attempts to exploit or harm minors;
- promote eating disorders, self-harm, suicide or violence;
- offer medical advice or diagnose any other person;
- distribute spam, unsolicited promotions, multi-level-marketing schemes or chain messages;
- collect or harvest information about other users, except through the Services’ intended functionality;
- impersonate any person or misrepresent your affiliation with any person or entity;
- interfere with or disrupt the Services or the networks connected to them;
- attempt to gain unauthorised access to the Services or to any other user’s Account;
- introduce malware, viruses or harmful code;
- circumvent any technical measure we use to limit access;
- use the Services in a way that places an unreasonable load on our infrastructure;
- export the Services to any country to which export is prohibited by applicable export-control laws;
- input another person’s personal, health or confidential information into the AI Coach without their consent;
- attempt to extract, reverse-engineer or recover the underlying AI models, their weights or their training data, or use the Services’ outputs to train or develop a competing AI model;
- use the AI Coach to generate unlawful, harmful or abusive content, or to seek medical diagnosis, treatment or emergency assistance;
- use AI features in breach of the acceptable-use or usage policies of our AI providers (Anthropic, OpenAI, Google and ElevenLabs);
- use the Services in any way that could expose us to legal liability or regulatory action.
We may suspend or terminate your access to the Services at any time if we reasonably believe you have breached this Section 8.
9. Community Guidelines
The Community is a space for PX members to share their journeys, learn from each other and stay accountable. These Community Guidelines form part of these Terms; violation of them is a violation of these Terms.
9.2 What we encourage
- share what you are working on, what is working for you, what is not, and what you are learning;
- ask questions and engage with other members thoughtfully;
- celebrate other members’ progress;
- respect that members are at different stages of their journey, with different goals, bodies, ages and circumstances;
- be honest about what you are sharing, including (where relevant) any commercial relationship or sponsorship;
- respect privacy — your own and other members’.
9.3 What is not allowed
The following content is prohibited in the Community:
- Hate, harassment or discrimination based on race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, age, disability, or any other protected characteristic.
- Bullying, threats or targeted attacks against any person, including doxxing.
- Sexual content of any kind, including sexually explicit images, language or solicitation.
- Violence or graphic content, including depictions of self-harm, suicide or eating disorders that may trigger or encourage similar behaviour in others.
- Body shaming of any kind, including content that ridicules a person’s body, weight, appearance or fitness level.
- Pro-eating-disorder content, including content that glorifies anorexia, bulimia, orthorexia, extreme calorie restriction, purging or rapid weight loss.
- Medical claims or advice to other users. Refer fellow members to qualified healthcare providers.
- Misinformation about health, training, nutrition, supplementation or longevity that contradicts mainstream evidence-based consensus.
- Promotion of dangerous substances (illegal drugs, unregulated supplements, performance-enhancing drugs).
- Promotion of dangerous practices (extreme fasting beyond evidence-based protocols, cold exposure without safety precautions, untested biohacks).
- Spam, advertising or commercial solicitation without our prior written consent.
- Multi-level-marketing recruitment or pyramid schemes.
- Impersonation of PX team members, coaches, ambassadors, other members, or any third party.
- Copyrighted material you do not have the right to share.
- Personal information of other people (including photographs of others) without their consent.
- Off-topic content that has nothing to do with performance, wellness, training, nutrition, mindset or related themes.
9.4 User Content licence
You retain ownership of the User Content you post in the Community. By posting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable licence to host, store, display, reproduce, modify (for formatting and distribution), translate, distribute and publish your User Content in connection with the Services and our promotion of the Services. You also grant other PX members a licence to view, react to and comment on your User Content within the Services. This licence ends when you remove your User Content from the Community or terminate your Account, except (a) where another member has re-shared your User Content; (b) for User Content shared publicly outside the Services in accordance with these Terms; and (c) where we are required to retain it for legal or security purposes.
9.5 You are responsible for your content
You are solely responsible for the User Content you post. You confirm that you have all rights necessary to post it and that doing so does not infringe any third-party right. We are not responsible for User Content posted by other members. Views expressed in the Community are those of the individual members and not of PX.
9.6 Reporting and moderation
If you see User Content that violates these Community Guidelines, please report it using the in-app reporting tools or by emailing support@pxmembership.com (subject: “Community”). We review reports and may take action including removing the content, issuing a warning, temporarily restricting Community access, permanently banning the offending member, or, where appropriate, reporting to law enforcement. We use a combination of automated screening and human review; our moderation decisions are made in good faith but under uncertainty and time pressure, and we may make mistakes. You may block other members; blocked members will not see your User Content, and you will not see theirs.
9.8 Persona content
The Community feed includes posts from a set of PX-curated personas representing different specialisms (such as morning movement, recovery, fuel, mindset and life balance). Persona content is editorial content created by PX and is identified as such; it is not User Content.
10. Third-party services and integrations
The Services integrate with third-party services and devices, including Apple HealthKit, Google Health Connect, Oura, Terra, calendar providers, payment processors, AI service providers, voice synthesis providers, and others (each, a “Third-Party Service”). Your use of a Third-Party Service is governed by the terms and privacy policies of that service. We do not control, and are not responsible for, the operation, accuracy, availability or content of any Third-Party Service.
10.4 AI services and your explicit consent
The AI Coach feature uses third-party AI providers: Anthropic, PBC (the “Claude” family of large language models) for all generative coaching; OpenAI, L.L.C. and Google LLC (Gemini) as fallback providers for short, structured tasks (used for reliability when Anthropic is unavailable or, where enabled, for cheaper tasks of equivalent quality); and ElevenLabs, Inc. for voice synthesis where you enable voice features. We obtain your explicit consent to share personal data with these providers through a dedicated AI Consent screen presented during onboarding, before any personal data is transmitted. By using the AI Coach you confirm that you have provided this consent and understand:
- What is sent. Your messages, any images or files you attach, relevant profile context, recent conversation history, AI Coach memory insights, and current biosignals (where available) are sent to Anthropic to generate coaching responses (including chat with PX, session/plan generation, your daily briefing, and food-photo/body-scan analysis). A subset — the specific structured request and the minimal context needed to complete it — may instead be sent to OpenAI or Google when those fallback providers are used. Voice-feature text (the reply to be spoken) is sent to ElevenLabs to render audio.
- What is not sent. Your name, email, payment details, account credentials, postal address, and raw calendar event content are never transmitted to AI providers. Speech-to-text uses your device’s built-in Apple/Google speech recognition, governed by your device permissions.
- Protection. PX uses these providers on their commercial or paid API tiers. Under those terms, Anthropic, OpenAI and the paid Google tier do not use your inputs or outputs to train their general-purpose models, retain data only for limited periods (by default up to 30 days for Anthropic and OpenAI; transient abuse-monitoring retention for Google) and then delete it, and never use your data for advertising. Our voice provider, ElevenLabs, may by default retain and use submitted text to improve its models unless zero-retention or opt-out settings are enabled; see Section 6.4 of our Privacy Policy.
- AI output may be inaccurate. AI Coach responses are generated by probabilistic AI models. They may be incomplete, out of date or wrong, are provided without warranty, and do not constitute medical or other professional advice. You must not rely on them as a substitute for professional advice. See the Medical Disclaimer (Section 7) and the Disclaimers (Section 13).
You can withdraw AI consent at any time in Settings → Privacy, or by ceasing to use the AI Coach features or deleting your Account; this disables AI coaching features. Full details, including each provider’s data-usage terms, are set out in Section 6 of our Privacy Policy.
10.5 Calendar integrations
When you connect Google Calendar, Outlook (via Microsoft Graph), or Apple Calendar to the Services:
- Reading your calendar. PX reads only the time, busy/free status, title, and location of your calendar events, solely on your device, to find free time for scheduling. This information is not transmitted to PX’s servers, is not used to train or prompt the AI Coach, and PX never accesses event attendees, notes, or descriptions.
- Writing PX sessions to your calendar. When PX adds a session to your calendar, it does so directly through your device’s calendar or your calendar provider — PX’s servers are not involved in creating the event.
If you connect a Third-Party Service to your Account, you authorise us to access, receive and process the data made available by that service in accordance with our Privacy Policy and this Section 10.
11. Accessibility Statement
PX is committed to making the Services accessible to people of all abilities. We aspire to meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA for the website, and the corresponding mobile-platform accessibility standards for the mobile applications. The Services support the following accessibility features:
- Screen readers: VoiceOver (iOS) and TalkBack (Android) on the mobile applications; standard ARIA support on the website.
- Dynamic type: respect for system text-size settings on iOS and Android.
- High-contrast and dark modes: respect for system colour-mode preferences.
- Reduced motion: respect for the system “reduce motion” setting.
- Voice input: support for system dictation; the AI Coach also supports voice input directly.
- Alternative text: meaningful alternative text on images where it is required.
- Captions and transcripts: spoken meditation, breathwork and coaching content is supplemented by written scripts where reasonably practicable.
- Keyboard navigation: full keyboard navigation on the website.
Known limitations at the time of publication include: (i) some legacy meditation tracks do not yet have transcripts; (ii) certain animated visual elements (such as the Ask PX orb) are decorative and do not have spoken descriptions. If you encounter an accessibility barrier, please contact us at support@pxmembership.com (subject: “Accessibility”).
12. Privacy
Our handling of your personal information is governed by our Privacy Policy, available at pxmembership.com/privacy, which forms part of these Terms. By using the Services, you confirm that you have read and understood the Privacy Policy.
Read the Privacy Policy13. Disclaimers and warranties
The disclaimers in this Section 13 apply only to the extent permitted by applicable law. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any breach of statutory rights that cannot be excluded. The Services and all Content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied or statutory, to the maximum extent permitted by law. We do not warrant that:
- the Services will be uninterrupted, secure, error-free or available at all times;
- defects in the Services will be corrected;
- the Services or any data they generate will be accurate, reliable or complete;
- AI-generated content (including AI Coach responses) will be accurate, current, complete or free from error;
- the Services will meet your specific requirements or expectations;
- third-party services or devices integrated with the Services will function correctly or be available.
We expressly disclaim, to the maximum extent permitted by law, all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing or usage of trade. The Medical Disclaimer at Section 7 also applies. Nothing in this Section affects any non-excludable statutory consumer rights you may have, including under the UK Consumer Rights Act 2015, the EU Consumer Rights Directive, the Australian Consumer Law, or applicable US state consumer protection statutes.
14. Limitation of liability
The limitations in this Section 14 apply only to the extent permitted by applicable law. Nothing in this Section 14 limits any liability that cannot be excluded or limited under applicable law. To the maximum extent permitted by law, our total aggregate liability to you arising from or relating to the Services or these Terms — whether in contract, tort (including negligence), breach of statutory duty or otherwise — is limited to the greater of:
- (a) the total amount you have paid to us in the 12 months preceding the event giving rise to liability; or
- (b) one hundred US dollars (USD 100).
To the maximum extent permitted by law, we will not be liable for any indirect, special, incidental, consequential or punitive damages, including loss of profits, revenue, business opportunity, data, goodwill or reputation, even if we have been advised of the possibility of such loss. We will not be liable for any loss arising from your reliance on information generated by the AI Coach for purposes that constitute medical advice, diagnosis or treatment (see Section 7), or from any Third-Party Service, including any inaccuracy or unavailability of data received from a wearable device or health app. You acknowledge that these limitations are reasonable given the nature of the Services and the price at which they are provided, and form a fundamental basis of the bargain between you and us.
15. Indemnification
You agree to defend, indemnify and hold harmless PX, our affiliates and our respective directors, officers, employees, agents, licensors and successors from and against any third-party claim, liability, loss, damage, cost or expense (including reasonable legal fees) arising out of or relating to:
- your breach of these Terms or any applicable law;
- your User Content;
- your use of, or inability to use, the Services;
- any dispute between you and a third party arising out of your use of the Services.
This Section 15 will survive termination of these Terms.
16. Suspension and termination
You may stop using the Services and delete your Account at any time, in Account settings or by contacting support@pxmembership.com. We may suspend or terminate your access to the Services, or any part of them, immediately and without prior notice if we reasonably believe that:
- you have breached these Terms, including the Community Guidelines or the Acceptable Use rules;
- your continued use poses a risk to the security, safety or operation of the Services or other users;
- we are required to do so by law or by a regulatory authority;
- it is necessary to investigate suspected fraud, abuse or misuse;
- the platform agreements with Apple or Google require us to take such action.
We may also terminate your access for convenience on reasonable notice (typically at least 30 days). On termination, your right to use the Services ends immediately; any Subscription is cancelled with effect from the end of the current billing period (or earlier where required by law); we will delete or anonymise your personal information in accordance with our Privacy Policy; and those provisions which by their nature should survive termination — including Sections 6, 7, 13, 14, 15, 18 and 23 — will continue in effect.
17. Changes to these Terms
We may modify these Terms from time to time. Where the modification is material and adverse to you, we will give you reasonable advance notice (typically at least 30 days) by email, by in-app notice, or on the website. Your continued use of the Services after the effective date of a modification constitutes your acceptance of the modified Terms. If you do not accept the modified Terms, you must stop using the Services. Where applicable law requires your affirmative consent to a modification, we will obtain that consent before the modification takes effect for you.
18. Dispute resolution
PLEASE READ THIS SECTION CAREFULLY. IT INCLUDES AN AGREEMENT TO ARBITRATE FOR US USERS AND CLASS-ACTION WAIVER PROVISIONS. THESE MAY AFFECT YOUR RIGHTS.
18.1 Informal resolution first
Before bringing any formal claim, you agree to contact support@pxmembership.com and try in good faith to resolve the dispute informally. We will do the same. Most disputes can be resolved this way and we will make a genuine effort.
18.2 Governing law and jurisdiction
- If you are a consumer resident in the United Kingdom or the European Union: these Terms are governed by the laws of the jurisdiction in which you are habitually resident, and any dispute may be brought in the courts of that jurisdiction. You may also bring an action in the courts of England and Wales.
- If you are a consumer resident in Australia: these Terms are governed by the laws of Queensland, Australia, and any dispute may be brought in the courts of Queensland or, if you prefer, the state or territory in which you are habitually resident. Nothing in these Terms displaces the non-excludable consumer guarantees under the Australian Consumer Law.
- For all other users, including US residents: these Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. Subject to the arbitration provisions below, the federal and state courts located in Delaware will have jurisdiction.
18.3 Arbitration (US users only)
If you are a US resident, you agree that any dispute between us will be resolved by binding individual arbitration, except that either party may bring an individual action in small-claims court if the dispute is within the jurisdiction of such a court. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, by a single arbitrator. The seat of arbitration will be Delaware. Class-action waiver: you and we each agree to resolve disputes only on an individual basis. Neither you nor we may bring a claim as a plaintiff or class member in a class, collective or representative action. 30-day opt-out: you may opt out of this arbitration agreement and class-action waiver by sending written notice to support@pxmembership.com (subject: “Legal”) within 30 days of first accepting these Terms.
18.4 Time limit
To the maximum extent permitted by law, any claim arising out of or relating to these Terms must be brought within one year after the claim arose, except for claims that applicable law requires to be brought within a different period.
19. Apple App Store additional terms
If you download the application from the Apple App Store, the following additional terms apply, and to the extent of any inconsistency with the rest of these Terms, these additional terms prevail.
- These Terms are between you and PX only, not with Apple. PX is solely responsible for the Services and the content thereof. Apple has no obligation to provide any maintenance and support for the Services.
- Apple has no warranty obligation with respect to the Services. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Services.
- PX, not Apple, is responsible for addressing any product claims relating to the Services, including product liability claims, claims that the Services fail to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
- PX, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim relating to the Services.
- You confirm that you are not located in any country subject to a US Government embargo, or designated as a “terrorist-supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple will have the right to enforce these Terms against you as a third-party beneficiary.
20. Google Play Store additional terms
If you download the application from the Google Play Store, the following additional terms apply.
- These Terms are between you and PX only, not with Google. PX is solely responsible for the Services. Google is not a party to these Terms and has no obligation to provide any support or maintenance with respect to the Services.
- You acknowledge that Google is not responsible for any product claims relating to the Services. PX, not Google, is responsible for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim relating to the Services.
- Your use of the Services from Google Play is also subject to the Google Play Terms of Service, available at play.google.com/intl/en_us/about/play-terms.
21. Force majeure
Neither party will be liable for any failure or delay in performance under these Terms (other than payment obligations) to the extent caused by an event beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, governmental action, industrial disputes, internet failures, hosting failures or third-party service failures.
22. Notices
We may give you notices under these Terms by email to the address associated with your Account, by in-app notice, or by posting on the website. Notices are effective when sent (email or website posting) or displayed (in-app). You may give us notice by emailing support@pxmembership.com (subject: “Legal”); notices are effective when received and acknowledged by us. You are responsible for keeping your email address current. Notices sent to an out-of-date email address are deemed effective when sent.
23. General
- Entire agreement: these Terms (together with the Privacy Policy, any other policies referenced in them, and any tier-specific or feature-specific terms presented in-app) constitute the entire agreement between you and us in relation to the Services, and supersede all prior agreements.
- No waiver: no failure or delay by us in exercising any right under these Terms operates as a waiver of that right.
- Severability: if any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid, or, if that is not possible, will be deemed deleted.
- Assignment: you may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms to any successor entity, affiliate, or purchaser of all or substantially all of our business or assets.
- Third-party rights: except for the rights expressly granted to Apple and Google in Sections 19 and 20, no person other than you and us has any right to enforce any provision of these Terms.
- Language: these Terms are published in English. Where they are translated into other languages, the English version will prevail in the event of any inconsistency.
- Headings: section headings are for reference only and do not affect the interpretation of these Terms.
- Plain-language summary: any plain-language summaries we provide are for your convenience only and do not affect the binding text of these Terms.
24. Contact us
For all questions about these Terms or any other matter, contact Pursue Excellence Pty. Ltd. (Australian operating company — ACN 698 671 297) / Pursue Excellence Ltd (UK parent — Company Number 16333455). Please include one of the following subject prefixes so your message routes to the correct internal team:
- Legal — questions about these Terms or other legal matters
- Privacy — privacy enquiries, data subject rights requests, complaints under data protection law
- Community — moderation, content reports, community guideline questions
- Accessibility — accessibility questions, accommodation requests, feedback
- Support (or no prefix) — general support, account, and product questions
- Email: support@pxmembership.com
- Postal: 7 Mandolin Avenue, Helensvale QLD 4212, Australia
- Attention: PX Team, Pursue Excellence Pty. Ltd.