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Terms of Service & Subscription Agreement

Last Updated: April 11, 2026

1. Acceptance of Terms

By accessing or using the Build Stability platform (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Service. These Terms apply whether you access the Service through our website, mobile application, or any other means.

2. Eligibility & Account Responsibility

Who Can Use the Service:

  • You must be at least 18 years old to create an account
  • You must have the legal authority to enter into these Terms
  • If you are using the Service on behalf of a business, you confirm you have the authority to bind that business to these Terms

Your Account:

  • You are responsible for keeping your login credentials secure
  • You are responsible for all activity that occurs under your account
  • You must notify us immediately if you suspect unauthorised access to your account
  • You may not share your account or let others use it
  • We may suspend or terminate accounts that violate these Terms

3. Subscription Terms & Billing

Billing Cycle:

  • Subscriptions are billed monthly or annually
  • Billing occurs automatically on your renewal date
  • You will be charged in advance for each billing period

Payment Methods:

  • We accept major credit cards (Visa, Mastercard, American Express)
  • Payment processing is handled securely through Stripe
  • You are responsible for maintaining valid payment information

Subscription Upgrades & Proration:

  • Immediate Upgrades: When you upgrade your subscription, you receive immediate access to new features and higher client limits
  • Fair Proration: Subscription upgrades are prorated to ensure you only pay for the time you use on each plan
  • Proration Calculation: You receive credit for unused time on your current plan and are charged for the remaining time on your new plan
  • Example: If you upgrade from Starter ($20/month) to Pro ($60/month) with 15 days remaining in your billing cycle:
    • Credit: $10.00 for unused Starter time (15 days)
    • Charge: $30.00 for Pro time (15 days)
    • Today's charge: $20.00 (net difference)
    • Next billing cycle: Full $60 for Pro plan
  • Billing Transparency: All proration calculations are handled automatically by Stripe and detailed in your billing history

Credit Balances & Downgrades:

  • Automatic Credit Management: When you downgrade your subscription, Stripe automatically creates credits for unused time
  • Automatic Application: Credits are automatically applied to your next monthly invoice
  • Transparent Billing: Credits appear as line items on your invoices in your Stripe Customer Portal
  • 12-Month Expiry: Unused credits expire after 12 months of inactivity — this is Stripe's standard policy to prevent indefinite credit accumulation
  • No Cash Refunds: Credits cannot be converted to cash refunds
  • Example: If you downgrade from Pro+ ($160/month) to Starter ($20/month) on day 1 of your billing cycle:
    • You receive a $140 credit for unused Pro+ time
    • This credit will cover approximately 7 months of Starter plan billing
    • Credits are applied automatically — no action required from you

Plan Downgrades & Client Limits:

  • Scheduled at Period End: Downgrades take effect at the end of your current billing period, not immediately
  • Keep What You Paid For: You retain full access to your current plan features until the billing period ends
  • Client Limit Responsibility: When downgrading to a plan with a lower client limit, you are responsible for archiving excess clients before the downgrade takes effect
  • 7-Day Grace Period: If your client count exceeds your new plan's limit when the downgrade takes effect, you have 7 days to archive excess clients
  • Enforcement After Grace Period: After 7 days, new client additions, bookings, and AI features will be restricted until your client count is within your plan's limit
  • Data Safety: No client data is ever deleted due to plan changes — you retain read-only access to all client records

Price Changes:

  • We may change subscription pricing from time to time
  • We will give you at least 30 days' written notice before any price increase takes effect
  • Price changes will apply from your next billing cycle after the notice period
  • If you do not agree with a price change, you may cancel your subscription before it takes effect

4. Free Trials, Cancellation & Refund Policy

Free trials:

  • We offer a 14-day free trial to new users. No credit card is required to start a trial.
  • During the trial you have full access to the Service, including AI features, subject to fair-use limits.
  • A trial ends automatically after 14 days. We do not auto-enrol you in a paid plan — you will not be charged unless you explicitly choose a paid plan yourself.
  • You can cancel or delete your trial account at any time from Settings → Account, in one click, with no obligation.
  • Trial data retention: If you do not convert to a paid plan, we retain your trial account for 90 days after the trial ends so you have time to come back. After 90 days of inactivity, your account, business data, programs, clients, and appointments are permanently deleted. We send warning emails before this happens.
  • Name and email: If you opted in to product updates at signup, we may keep your name and email separately in our marketing contacts list after your trial data is deleted, so we can tell you about future updates. You can unsubscribe and request full deletion at any time by emailing support@buildstability.com.

How to cancel a paid subscription:

  • You can cancel your subscription any time from Business → Manage Billing & Subscription, in one click.
  • Cancellation takes effect at the end of your current billing period. You keep full access to the Service until then.
  • We send a confirmation email when your cancellation is scheduled, so you always know the exact date your access ends.
  • Your client data stays yours. You can export it any time, and your account keeps read-only access for 90 days after cancellation in case you come back.

When refunds apply:

  • Change of mind: We don't refund change-of-mind cancellations, because you keep full access until the end of the period you've already paid for. No further charges will be made.
  • Service issues: If the Service has a major fault or is substantially different from what was described, you may be entitled to a refund under applicable consumer protection laws.
  • Billing errors: If we charge you incorrectly, we refund the error promptly once verified.
  • How to request: Contact support@buildstability.com with details of your request. We aim to respond within 5 business days.

EU and UK consumers: If you are an individual consumer in the EU or UK, you have a statutory 14-day right of withdrawal from the date you subscribed. Contact us within that period and we will refund any amount paid, less any usage during the withdrawal period where applicable.

Consumer rights notice: Nothing in these Terms limits or excludes any rights you have under consumer protection laws that cannot be lawfully excluded, including the Australian Consumer Law, UK Consumer Rights Act, or New Zealand Consumer Guarantees Act.

5. Acceptable Use

You agree to use the Service only for its intended purpose — managing your personal training or coaching business. You agree not to:

  • Use the Service for any unlawful purpose
  • Attempt to gain unauthorised access to the Service or its systems
  • Interfere with or disrupt the Service or its infrastructure
  • Use automated tools, bots, or scripts to access the Service (except through our official API, if provided)
  • Resell, sublicense, or offer the Service to others as your own product
  • Upload content that is harmful, offensive, or infringes someone else's rights
  • Create multiple accounts to circumvent plan limits or restrictions

We may suspend or terminate your account if we reasonably believe you are violating these rules, after giving you notice where practical.

6. Data & Privacy

Data Ownership:

  • You retain ownership of all client data and business information you upload to the Service
  • We do not claim ownership of your content
  • You grant us a limited licence to host, store, and process your data solely to provide and improve the Service
  • You are responsible for ensuring you have the right to upload any data you provide, including having appropriate consent from your clients

Data Retention:

  • Paid subscriptions: If your subscription expires or becomes unpaid, you'll have read-only access to view your data for 90 days.
  • During read-only access, your clients cannot log in, but you can view reports and client history.
  • After 90 days of inactivity, we send you a reminder email before any data is archived.
  • After 120 days of inactivity, your data may be permanently deleted.
  • Free trials: If you never convert to a paid plan, we retain your trial account for 90 days after the trial ends, then permanently delete the account, business data, clients, programs, and appointments. See section 4 for details.
  • Explicit account deletion: If you choose to delete your account from Settings, your data is scheduled for deletion at the later of 14 days from now or the end of your current paid period. You can undo any time before that date from the dashboard banner. See section 4 for details.
  • You may export your data at any time through your account.
  • To restore full access, simply renew your subscription during the retention period.

Your Data Rights (Self-Service):

  • Export: Download your data instantly from Settings → Account & Privacy. Choose by category: Profile, Clients, Programs, Appointments, or Billing in JSON format
  • Deletion: Business owners can permanently delete their account and all data from Settings → Account & Privacy (requires typing “Delete all my data” to confirm)
  • Portability: Your data is stored in standard formats — no proprietary lock-in. Export anytime, no waiting for support
  • Transparency: View all data we hold about you directly in your account dashboard

Self-service exports and deletion are available 24/7. No support tickets required.

Your Responsibilities as a Data Controller:

When you use Build Stability to manage your clients' data, you act as the data controller and we act as a data processor on your behalf. This means:

  • You are responsible for obtaining proper consent from your clients to store and process their data
  • You must comply with applicable privacy laws (such as GDPR, UK GDPR, or the Australian Privacy Act) as they apply to your business
  • You must respond to data access, correction, or deletion requests from your own clients
  • We provide the tools (export, deletion) to help you meet these obligations

Analytics & Usage Tracking:

We use third-party analytics tools, including Google Analytics, to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. For full details on what data is collected and how it is used, please see our Privacy Policy.

AI Features — Fair Use Policy

Your subscription includes AI-powered tools like workout generation, progression suggestions, session briefs, and AI chat. These are designed to save you time and help you coach better — use them as much as you need.

Daily Usage Limits:

  • Each plan includes a fixed daily allowance of AI assistant queries. The specific limits for each plan are displayed on our pricing page and in your account dashboard
  • Higher-tier plans come with higher daily allowances
  • When you reach your daily allowance, AI features will pause until the next day. Everything else (programs, scheduling, clients, payments) keeps working normally
  • You can upgrade your plan at any time for a higher allowance

AI Features Are for Training & Coaching Only:

AI features are provided solely for use within your fitness training and coaching business — for example, generating workout plans, tracking client progress, and creating session notes. Using AI features for purposes unrelated to training and coaching (such as generating general content, research, or other non-training tasks) is not permitted.

You agree not to:

  • Use AI features for any purpose other than your fitness training and coaching business
  • Use automated tools or scripts to make bulk requests to AI features
  • Resell or redistribute AI-generated content as a standalone service
  • Attempt to circumvent usage limits through multiple accounts or other means

Enforcement:

  • Daily caps are enforced automatically — once you hit your plan's daily limit, AI features pause until the next day. No action is needed from either side
  • Misuse or abuse: If we detect that AI features are being used in ways that violate these Terms (such as non-training use, scripted bulk requests, or attempts to circumvent limits), we may temporarily suspend your access to AI features while we investigate. We will notify you and give you a reasonable opportunity to respond before taking permanent action
  • Suspension of AI features does not affect the rest of your subscription — your client management, scheduling, programs, and payments will continue to work normally

Changes to AI Features:

We may adjust AI usage limits or change how AI features work across subscription tiers from time to time. If we make a change that materially reduces the AI features available on your current plan, we will give you reasonable advance notice (at least 14 days where practical). You may cancel your subscription if you do not agree with the changes. However, temporary adjustments to protect system stability or prevent abuse may be made without advance notice.

AI Services & Content Sharing with OpenAI

Our platform uses AI-powered features provided by OpenAI, L.L.C. to generate workout plans. By using these AI features, you agree to the following:

Content Sharing Agreement:

  • We share non-personal workout data only (exercises, sets, reps, training metrics, goals, equipment preferences) with OpenAI
  • No personal information (names, emails, addresses, payment data) is shared with OpenAI
  • OpenAI may use this workout data to develop and improve their AI models and services
  • This sharing is governed by OpenAI's Content Sharing Agreement, incorporated into their Business Terms

Your Consent & Responsibilities:

  • You consent to sharing non-personal workout data with OpenAI for development purposes
  • You represent that you have the right to provide this data and have obtained necessary consents from your clients
  • You agree not to provide any sensitive, confidential, or proprietary information in workout plans that you do not want used for AI development
  • You agree not to use AI features to process Protected Health Information (PHI) as defined under HIPAA, or personal data of children under 13

Opt-Out:

You may choose not to use AI-powered workout plan generation features if you do not wish to share workout data with OpenAI. Manual workout plan creation is always available.

7. Intellectual Property

Our Platform:

The Build Stability platform — including its design, code, features, branding, and documentation — is owned by us and protected by intellectual property laws. Your subscription gives you a limited, non-exclusive, non-transferable right to use the Service for the duration of your subscription. You may not copy, modify, reverse-engineer, or create derivative works based on the Service.

Your Content:

You own the workout programs, client data, and other content you create using the Service. We do not claim any ownership of your content. AI-generated workout plans created through the Service are yours to use in your coaching business.

Feedback:

If you provide us with suggestions, ideas, or feedback about the Service, we may use them to improve the platform without any obligation to you.

8. Service Availability & Third-Party Services

Availability:

We aim to keep the Service available and reliable, but we cannot guarantee 100% uptime. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to notify you in advance of any planned downtime.

Third-Party Services:

The Service relies on third-party providers including Stripe (payments), OpenAI (AI features), and others. We are not responsible for outages or issues caused by these third-party services. If a third-party service disruption materially affects the Service, we will work to resolve it or provide alternatives as quickly as reasonably possible.

9. Disclaimers & Limitation of Liability

Important — Please Read Carefully:

Not Medical or Health Advice:

Build Stability is a business management tool for fitness professionals. It is not a medical device and does not provide medical, health, or dietary advice. AI-generated workout plans are suggestions only and should be reviewed by you (the fitness professional) before being given to clients. You are solely responsible for the suitability and safety of any training programs you deliver to your clients.

Service Provided “As Is”:

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Our Liability:

To the maximum extent permitted by law, our total liability to you for any claims arising from or related to the Service is limited to the amount you paid us in subscription fees during the 12 months before the claim arose. We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, even if we were advised of the possibility of such damages.

Consumer Law Rights:

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under applicable consumer protection laws that cannot be lawfully excluded. If Australian Consumer Law, the UK Consumer Rights Act 2015, or the New Zealand Consumer Guarantees Act 1993 applies to you, you may have rights that override some of the limitations above, and nothing in these Terms is intended to limit those rights.

10. Indemnification

You agree to defend and hold us harmless from any claims, damages, or expenses (including reasonable legal fees) arising from: (a) your use of the Service, (b) your breach of these Terms, (c) the training programs or advice you provide to your clients using the Service, or (d) your violation of any law or the rights of a third party. This clause does not apply to the extent a claim arises from our negligence or breach of these Terms.

11. Governing Law & Disputes

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

Dispute Resolution:

  • Step 1 — Contact Us: If you have a dispute, please contact us at support@buildstability.com first. We will try to resolve it informally within 30 days
  • Step 2 — Mediation: If we cannot resolve the dispute informally, either party may refer it to mediation
  • Step 3 — Courts: If mediation does not resolve the dispute, either party may bring proceedings in the courts of New South Wales, Australia

Nothing in this section limits your right to bring a claim in your local jurisdiction if required by consumer protection law.

12. Apple App Store Terms

If you downloaded the Build Stability app from the Apple App Store, the following additional terms apply:

  • These Terms are between you and Build Stability only, not with Apple Inc. (“Apple”). Apple is not responsible for the app or its content
  • Your licence to use the app is limited to a non-transferable right to use the app on any Apple-branded device you own or control, as permitted by the App Store Terms of Service
  • We (not Apple) are solely responsible for maintenance, support, and any warranty for the app. If the app fails to meet any applicable warranty, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligation for the app
  • We (not Apple) are responsible for addressing any claims relating to the app, including product liability claims, consumer protection claims, or intellectual property claims
  • In the event of any third-party claim that the app infringes intellectual property rights, we (not Apple) are responsible for the investigation, defence, settlement, and discharge of such claim
  • Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary
  • You represent that you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and that you are not on any US Government restricted party list

13. Changes to These Terms

We may update these Terms from time to time. When we do:

  • We will update the “Last Updated” date at the top of this page
  • For material changes, we will notify you by email or through the Service at least 14 days before the changes take effect
  • If you continue to use the Service after the changes take effect, you agree to the updated Terms
  • If you do not agree with the updated Terms, you may cancel your subscription before they take effect

14. General

  • Entire Agreement: These Terms, together with our Privacy Policy, make up the entire agreement between you and Build Stability regarding the Service
  • Severability: If any part of these Terms is found to be unenforceable, the rest of the Terms remain in full effect
  • No Waiver: If we don't enforce a right or provision of these Terms, that doesn't mean we waive it
  • Assignment: You may not transfer or assign your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets, provided the assignee agrees to honour these Terms
  • Force Majeure: We are not liable for any failure or delay in providing the Service caused by events beyond our reasonable control, including natural disasters, pandemics, internet outages, government actions, or third-party service failures

15. Contact Information

For all inquiries — including support, billing, and legal matters — contact us at support@buildstability.com

By using Build Stability, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.