Terms of Service

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1. Agreement to Terms

By accessing or using the GetUp Now And Live application and website at https://getupnowand.live (the "Service"), you agree to be bound by these Terms of Service ("Terms"). The Service is operated by Now (AUST) Pty Ltd (ABN 59 111 630 963), located at Suite 12, 104 Gympie Road, Strathpine QLD 4500 ("we", "us", "our").

If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

You must be at least 18 years of age to use the Service. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3. Your Account

When you create an account, you must provide accurate, complete, and current information. You are responsible for:

  • Maintaining the confidentiality of your password
  • All activities that occur under your account
  • Notifying us immediately of any unauthorised use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for more than 24 months.

4. Free and Premium Tiers

4.1 Free Tier

The Free tier provides access to the core 66-day challenge, including hourly reminders, personal streak tracking, and the community leaderboard. The Free tier is available at no cost and does not require payment information.

4.2 Premium Tier

The Premium tier provides additional features including team challenges, custom exercise library, advanced analytics, priority leaderboard placement, custom reminder schedules, and data export. Premium is available at:

  • Monthly: AUD $4.99 per month
  • Annual: AUD $39.99 per year

All prices are in Australian Dollars (AUD) and inclusive of GST where applicable. We reserve the right to change pricing with 30 days' notice to existing subscribers.

5. Payment and Billing

Premium subscriptions are processed securely through Stripe. By subscribing, you authorise us to charge your nominated payment method on a recurring basis (monthly or annually, depending on your chosen plan) until you cancel.

  • Your subscription will automatically renew at the end of each billing period unless you cancel beforehand.
  • You may cancel your subscription at any time through your account settings.
  • Cancellation takes effect at the end of the current billing period. You will retain Premium access until that date.

6. Refund Policy

  • Monthly subscriptions: No refunds are provided for partial months. Upon cancellation, you retain access until the end of the current billing period.
  • Annual subscriptions: If you cancel an annual subscription within the first 14 days, you are entitled to a full refund. After 14 days, a pro-rata refund will be provided for the remaining unused months (calculated in whole months).
  • Requesting a refund: Contact us via our Contact Us page or call us on 07 3613 9700. Refunds will be processed within 10 business days.

7. Health Disclaimer

THIS IS NOT A MEDICAL SERVICE. THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE.

  • The Service provides exercise reminders and tracking as a general fitness tool. It is not a substitute for professional medical advice, diagnosis, or treatment.
  • You should consult your doctor or qualified health professional before starting any exercise programme, particularly if you have pre-existing health conditions, injuries, or concerns.
  • If you experience pain, dizziness, shortness of breath, or any other concerning symptoms during exercise, stop immediately and seek medical attention.
  • You use the Service and perform any exercises entirely at your own risk. We accept no liability for any injury, illness, or health issue arising from your use of the Service.
  • The exercise recommendations provided are general in nature and may not be suitable for everyone. Individual results will vary.

8. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose
  • Attempt to gain unauthorised access to the Service or other users' accounts
  • Manipulate leaderboard data, streak counts, or exercise records dishonestly
  • Harass, abuse, or harm other users through the Service
  • Upload malicious code, spam, or objectionable content
  • Use automated scripts, bots, or crawlers to access the Service
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Resell, redistribute, or sublicense any part of the Service

We reserve the right to suspend or terminate your account if we reasonably believe you have violated these terms.

9. Intellectual Property

The Service, including its design, code, content, logos, and branding, is owned by Now (AUST) Pty Ltd and is protected by Australian and international copyright, trademark, and other intellectual property laws.

You retain ownership of any personal data you provide. By using the Service, you grant us a limited licence to use your display name and anonymised exercise data for the purposes of operating the leaderboard and generating aggregate statistics.

10. Service Availability and Modifications

We strive to maintain the Service's availability but do not guarantee uninterrupted or error-free operation. We may:

  • Temporarily suspend the Service for maintenance or updates
  • Modify, update, or discontinue features with reasonable notice
  • Discontinue the Service entirely with 30 days' notice to registered users

In the event of discontinuation, Premium subscribers will receive a pro-rata refund for any unused subscription period.

11. Limitation of Liability

To the maximum extent permitted by law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010):

  • The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied.
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
  • Our total liability to you for any claim arising from or related to the Service is limited to the amount you have paid us in the 12 months preceding the claim, or AUD $50, whichever is greater.
  • Nothing in these Terms excludes or limits consumer guarantees under the Australian Consumer Law that cannot be excluded or limited by law.

12. Indemnification

You agree to indemnify and hold harmless Now (AUST) Pty Ltd, its directors, officers, employees, and agents from any claims, losses, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another person.

13. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia, for the resolution of any disputes arising from or relating to these Terms or the Service.

15. Dispute Resolution

Before initiating any legal proceedings, you agree to attempt to resolve any dispute with us through the following process:

  1. Contact us: Send a written description of your dispute by contacting us through the form on our website or by calling 07 3613 9700.
  2. Negotiation: We will attempt to resolve the dispute through good-faith negotiation within 30 days.
  3. Mediation: If negotiation fails, either party may refer the dispute to mediation administered by the Resolution Institute (Australia).
  4. Court proceedings: If mediation fails or is inappropriate, either party may commence proceedings in the courts of Queensland, Australia.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on this page and, for registered users, by email or in-app notification. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

If you do not agree with the updated Terms, you must stop using the Service and may request deletion of your account.

17. General Provisions

  • Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
  • Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

18. Contact Us

If you have any questions about these Terms, please contact us: