Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Prokol Health (ABN 33 972 014 877), trading as Prokol ("Prokol", "we", "us", "our"). By accessing or using the Prokol platform at www.prokol.io ("Platform"), you agree to be bound by these Terms.

If you are using the Platform on behalf of a business or organisation, you represent that you have authority to bind that entity to these Terms.

2. Description of service

Prokol is a software-as-a-service (SaaS) nutrition and coaching platform that provides tools for health tracking, nutrition monitoring, coaching management, and related wellness services. The Platform is available to:

• Individual users for personal health and nutrition tracking.
• Coaches and nutrition practitioners for client management and coaching delivery.
• Businesses and organisations for team coaching, white-label deployment, and enterprise management.

3. Accounts and eligibility

3.1 Age requirement

You must be at least 18 years of age to create an account. By creating an account, you represent that you meet this requirement.

3.2 Account responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use of your account.

3.3 Accurate information

You agree to provide accurate, complete, and current information when creating your account and to update this information as necessary.

4. Subscriptions and payment

4.1 Subscription plans

The Platform is offered on a subscription basis. Available plans and current pricing are set out at the pricing page on our website. We reserve the right to change pricing with 30 days written notice to existing subscribers.

4.2 Free trials

Coach plans may include a 14-day free trial. A valid payment method is required to start a trial. If you do not cancel before the trial ends, your subscription will automatically commence and your payment method will be charged.

4.3 Billing

Subscriptions are billed monthly in advance. Seat-based overages (additional clients or coaches beyond your plan limits) are calculated and billed at the end of each billing period. All prices are in Australian Dollars (AUD) and include GST where applicable.

4.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial periods except where required by Australian Consumer Law.

4.5 Payment processing

Payments are processed by Stripe Inc. By providing payment information, you agree to Stripe's terms of service. We do not store your full payment card details.

5. Coach and client relationships

5.1 Independent relationship

Prokol is a technology platform only. We do not provide nutrition advice, health advice, medical advice, or coaching services. Coaches using the Platform are independent practitioners and are solely responsible for the services they provide to their clients.

5.2 Coach responsibilities

Coaches using the Platform represent and warrant that they:

• Hold appropriate qualifications and registrations required to provide their services in their jurisdiction.
• Comply with all applicable laws, regulations, and professional standards.
• Obtain appropriate consent from clients before collecting and using their personal information.
• Maintain appropriate professional indemnity insurance.

5.3 Client data access

Coaches can access client data within the Platform as permitted by these Terms and our Privacy Policy. Coaches must not access client data for any purpose other than providing coaching services to that client.

5.4 Coached client downgrade

When a coaching relationship ends (either by the coach removing the client or the client leaving), the client's account will be downgraded to the free individual tier. The client retains access to their own historical data.

6. White-label and organisation terms

6.1 Organisation accounts

Businesses subscribing to organisation or white-label plans ("Organisation Clients") may deploy the Platform under their own branding. Organisation Clients are responsible for ensuring their use of the Platform complies with all applicable laws.

6.2 Data controller relationship

Where an Organisation Client deploys the Platform to their own end users, the Organisation Client acts as the data controller and Prokol Health acts as the data processor. A Data Processing Agreement governs this relationship.

6.3 No poaching

Prokol Health will not use contact information of clients belonging to Organisation Clients to market Prokol Health services to those clients. Clients using a white-label deployment will not be redirected to or downgraded to the Prokol Health platform.

7. Acceptable use

You agree not to:

• Use the Platform for any unlawful purpose or in violation of these Terms.
• Upload or transmit content that is harmful, offensive, defamatory, or infringes third-party rights.
• Attempt to gain unauthorised access to any part of the Platform or other users' accounts.
• Reverse engineer, decompile, or attempt to extract the source code of the Platform.
• Use the Platform to provide services to minors without appropriate parental consent.
• Misrepresent your qualifications or professional credentials.
• Share your account credentials with unauthorised third parties.

8. Health disclaimer

The Prokol Platform provides tools for tracking and managing health and nutrition data. The Platform is not a medical device and does not provide medical advice, diagnosis, or treatment. Information on the Platform should not be relied upon as a substitute for professional medical advice.

Always consult a qualified health professional before making significant changes to your diet, exercise, or health management. In an emergency, contact emergency services immediately.

Cycle Tracking is not a contraception tool. Cycle predictions and fertile window estimates are based on your logged data and statistical averages. They are not medically accurate and should not be used to prevent or plan pregnancy.

9. Intellectual property

9.1 Our intellectual property

The Platform, including all software, design, content, trademarks, and technology, is owned by Prokol Health and protected by Australian and international intellectual property laws. Nothing in these Terms grants you any ownership rights in the Platform.

9.2 Your content

You retain ownership of content you upload to the Platform (such as custom resources, meal plans, and exercise videos). By uploading content, you grant us a non-exclusive, royalty-free licence to store, display, and process that content as necessary to provide the Platform services.

9.3 Coach content isolation

Content created by a coach (including custom templates, exercise video links, resources, and programmes) is private to that coach and is not shared with other coaches or organisations without explicit action by the coach.

10. Limitation of liability

To the maximum extent permitted by law, Prokol Health's liability to you for any loss or damage arising from your use of the Platform is limited to the amount you paid us in the 12 months preceding the claim.

We are not liable for indirect, consequential, incidental, or special damages, including loss of data, loss of profits, or loss of business opportunity, even if we have been advised of the possibility of such damages.

Nothing in these Terms limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.

12. Termination

We may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or use the Platform in a way that harms other users or the Platform.

You may terminate your account at any time through your account settings. Termination does not relieve you of any payment obligations incurred prior to termination.

13. Governing law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

14. Third-party services

Our platform integrates with third-party services, including YouTube API Services. By using features that display or interact with YouTube content, you agree to be bound by the YouTube Terms of Service.

15. Changes to terms

We may update these Terms from time to time. We will notify you of material changes by email at least 14 days before they take effect. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

16. Contact