Terms & Conditions

You must be at least 13 years old, or meet any higher minimum age required by applicable law, to create an account or independently access the App. 

If you are under 18, you must have the consent and involvement of a parent or legal guardian to purchase products or subscriptions or use the Services. 

Parents and legal guardians are responsible for appropriate supervision of minors using Hyper Hitter products or Services. 

Children must be supervised by an adult when using the physical Hyper Hitter equipment or when near it. 

Hyper Hitter provides boxing-inspired fitness training through interactive software, app-guided workouts, connected hardware, and related services. The Services are intended for lawful fitness, boxing training, and exercise purposes only. 

Hyper Hitter products and the App may be used for personal, residential, and commercial gym training, including supervised training sessions, group fitness classes, and member training, provided that the use is consistent with the applicable subscription, account permissions, product instructions, and these Terms. 

Commercial gyms, studios, trainers, and other fitness facilities may use the Services for authorized training purposes. Any gym membership access, shared accounts, or member seats must comply with the applicable Hyper Hitter subscription plan and account permissions. 

You must not misuse the Services, interfere with their operation, attempt unauthorized access, reverse engineer software except where permitted by law, or use the Services in a manner that may damage equipment, users, third parties, or the Services. 

Unless expressly authorized by Hyper Hitter in writing, you must not resell, sublicense, redistribute, reproduce, commercially exploit, or provide unauthorized third-party access to the App, software, training programs, videos, or other proprietary content. 

Hyper Hitter reserves the right to suspend or terminate access to the Services for material breaches of these Terms, suspected fraud, unauthorized access, misuse, or unsafe conduct, subject to applicable law and any required notice.

You may be required to create an account to access certain App features or Services. 

You agree to provide accurate information and maintain the security of your account credentials. 

You are responsible for activity conducted through your account, except where unauthorized activity results from circumstances for which you are not legally responsible. 

Account access must comply with the applicable subscription plan, including any authorized gym or member access arrangements. 

You must not share account credentials or provide access in a manner that circumvents subscription limits or security controls. 

We may suspend or restrict accounts used fraudulently or in material breach of these Terms, subject to applicable law.

Hyper Hitter currently offers physical product purchases for delivery within Australia and the United States. 

All products are subject to availability. We may update product descriptions, specifications, pricing, packaging, or availability, provided that any changes affecting existing orders are handled in accordance with applicable law. 

We aim to provide accurate product information. Minor differences in appearance, packaging, or presentation may occur, but products supplied must comply with applicable consumer guarantees and any representations forming part of the purchase. 

Customers are responsible for reviewing product dimensions, mounting compatibility, installation requirements, and other relevant specifications before purchasing. 

Certain products may be offered for pre-order or back-order. 

Estimated dispatch and delivery dates are provided in good faith and may change due to manufacturing, quality control, freight, customs, inventory, or fulfillment delays. 

Where a significant delay occurs, we will endeavor to provide customers with updated information and available options. 

Nothing in these Terms permits Hyper Hitter to unreasonably delay fulfillment or remove a customer's cancellation, refund, or other rights under applicable law. 

Order processing, delivery, shipping charges, and pre-order arrangements are further explained in our Shipping Policy.

The Hyper Hitter App may offer free and paid features, including training modes, customized workouts, performance tracking, saved sessions, gym access, and other functionality. 

Paid App subscriptions are processed through the Apple App Store or Google Play. 

Subscription prices, billing periods, renewal terms, and available features are displayed before purchase through the applicable marketplace. 

Unless otherwise stated at purchase, subscriptions automatically renew until canceled. 

You can manage or cancel your subscription through the Apple App Store or Google Play account used to subscribe. 

Deleting the App or ceasing to use it does not automatically cancel an active subscription. 

Subscription cancellations generally take effect at the end of the current paid billing period, subject to applicable marketplace terms and consumer law. 

Requests relating to marketplace billing or subscription refunds may need to be submitted through Apple or Google. Hyper Hitter will provide reasonable assistance where appropriate. 

Any subscription price changes will be communicated in accordance with applicable marketplace rules and law. 

Nothing in this section limits any mandatory consumer rights relating to digital products or services. 

Hyper Hitter provides fitness and boxing-inspired training equipment and software. The Services are not medical services. 

Physical exercise and boxing training involve risks, including fatigue, muscle strain, injury, and aggravation of existing conditions. 

You should consult a qualified healthcare professional before beginning a new exercise program if you have a medical condition, injury, or other health concern, or are uncertain whether training is suitable for you. 

Training programs, workout suggestions, performance information, and App guidance are intended for general fitness purposes and are not medical advice, diagnosis, or treatment. 

You should exercise within your abilities, use appropriate technique and protective equipment, and stop immediately if you experience pain, dizziness, unusual shortness of breath, or other concerning symptoms. 

Nothing in this section excludes liability or rights that cannot lawfully be excluded.

You acknowledge that boxing-inspired exercise, repetitive striking movements, and the use of mounted fitness equipment involve inherent risks. 

These may include physical injury, equipment movement, accidental contact, and property damage. 

You agree to follow the supplied instructions, exercise appropriate care, and avoid training in unsafe conditions. 

You are responsible for risks arising from your own misuse, unsafe conduct, or failure to follow reasonable safety instructions, to the extent permitted by law. 

This acknowledgment does not exclude or restrict liability for defective products, negligence, breaches of consumer guarantees, or other matters where liability cannot lawfully be excluded. 

The Hyper Hitter must be installed, inspected, maintained, and used in accordance with the supplied Installation & User Manual and applicable product instructions. 

The equipment may be mounted to a structurally sound and compatible gym rig or rack, or to a suitable flat, solid concrete or solid brick wall. 

Do not install the equipment on drywall, unsuitable masonry, uneven surfaces, unsecured structures, or any surface incapable of safely withstanding repeated impact. 

Before installation, confirm the compatibility of the mounting system, rack or rig dimensions, upright, through-hole, hardware, and surrounding structure. 

Use only suitable and approved mounting components. 

Before each use, check that the Hyper Hitter is secure and that bolts, pins, fasteners, brackets, clamps, and mounting points are correctly fitted. 

Regularly inspect the equipment for wear, damage, looseness, or instability. 

Do not use the equipment if any component is damaged, loose, excessively worn, or unsafe. 

Ensure adequate training space and secure any phone placed in the phone holder. 

Children must be supervised by an adult. 

The Hyper Hitter is intended for boxing and fitness training only. 

The product is designed primarily for indoor use. Covered outdoor use is permitted only where the equipment remains protected from rain, direct water exposure, excessive moisture, and harsh weather. 

Do not leave the equipment exposed to unsuitable weather or standing water. 

Do not modify the equipment or use unauthorized mounting hardware. 

If you are uncertain whether a mounting surface or structure is suitable, consult a qualified professional before installation. 

Damage resulting from improper installation, incompatible mounting systems, misuse, or failure to follow safety instructions may fall outside the manufacturer's limited warranty, subject to applicable consumer law.

Hyper Hitter products and the App may be used in residential settings and authorized commercial gyms, studios, and fitness facilities. 

Commercial gym use does not automatically invalidate the manufacturer's 12-month limited warranty. 

Gym owners, operators, trainers, and other responsible personnel must take reasonable steps to ensure equipment is correctly installed, regularly inspected, maintained, and used safely. 

Facilities must provide appropriate supervision, particularly for inexperienced users and minors. 

Users must receive suitable instructions and have sufficient space to train safely. 

Commercial use may result in increased normal wear and tear. 

Normal wear and tear, misuse, unsafe installation, improper maintenance, and damage caused by use outside the equipment's intended purpose may be excluded from the limited warranty, subject to applicable law. 

Gym App access and member accounts must comply with the applicable subscription arrangements. 

The Services may include workout tracking, punch counts, timing information, intensity indicators, calorie estimates, performance scores, AI-generated insights, camera-based detection, training recommendations, leaderboards, and related features. 

Availability may vary depending on the App version, subscription, device, region, and supported functionality. 

Metrics and recommendations may rely on user information, device sensors, camera inputs, algorithms, and other data. 

Such information may be approximate and should not be treated as medical or diagnostic information. 

Hyper Hitter does not guarantee that performance measurements, AI-generated outputs, calorie estimates, camera detection, or training recommendations will always be accurate or suitable for every user. 

Users should apply reasonable judgment when following training guidance. 

These limitations do not exclude statutory guarantees applicable to the Services. 

You agree to use Hyper Hitter products and Services safely, responsibly, and for their intended purposes. 

You must follow applicable product instructions, warnings, and safety guidance. 

Do not use the equipment while impaired, in an unsafe environment, or without adequate training space. 

You must not knowingly damage, interfere with, or misuse the equipment, App, or related Services. 

Stop using the equipment immediately if it becomes loose, damaged, unstable, or unsafe. 

Where you supervise other users, including children or gym members, you must take reasonable steps to ensure their safe use of the equipment. 

Hyper Hitter Pty Ltd and its licensors retain ownership of all applicable intellectual property rights in the Hyper Hitter brand, product designs, technology, software, App, trademarks, logos, training materials, graphics, videos, and other proprietary content. 

Purchasing Hyper Hitter equipment does not transfer ownership of any intellectual property associated with the product or Services. 

Subject to these Terms and applicable law, users receive a limited, non-exclusive, non-transferable right to access and use the App and associated content for authorized purposes. 

You must not copy, reproduce, distribute, modify, reverse engineer, sublicense, or commercially exploit protected content or software without authorization, except where permitted by law. 

Nothing in these Terms prevents the exercise of rights that cannot lawfully be restricted.

You may provide Hyper Hitter with reviews, testimonials, feedback, photographs, videos, social media posts, comments, or other content. 

You retain ownership of your original content. 

Where you voluntarily submit content to Hyper Hitter for publication, promotion, or sharing, you grant Hyper Hitter Pty Ltd a non-exclusive, worldwide, royalty-free license to reproduce, display, edit, adapt, publish, distribute, and use that content for legitimate marketing, advertising, promotional, website, social media, and related business purposes. 

This license applies only to content you have the right to provide and license. 

You confirm that submitted content does not knowingly infringe intellectual property, privacy, publicity, or other rights belonging to third parties. 

Tagging or mentioning Hyper Hitter in a public social media post does not, by itself, authorize every possible commercial use of that content. Additional permission may be sought where required by law or platform rules. 

Hyper Hitter may use reasonable formatting, cropping, editing, or adaptations, provided these do not materially misrepresent the content or the person featured. 

Where reasonably practicable, you may request that Hyper Hitter stop future promotional use of your submitted content by contacting us. 

Any such request will be assessed in accordance with applicable law and existing lawful commitments. 

Hyper Hitter may decline, remove, or discontinue publication of user content at its discretion, subject to applicable law. 

The Services may rely on third-party platforms, including Apple, Google, Shopify, payment processors, hosting providers, analytics providers, and shipping or fulfillment providers. 

Your use of third-party platforms may be subject to their own terms, privacy policies, and operating requirements. 

Hyper Hitter does not control every aspect of third-party services and cannot guarantee uninterrupted third-party availability. 

However, reliance on a third-party provider does not remove Hyper Hitter's responsibilities where it remains legally responsible for goods or services supplied to customers. 

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory right, or remedy that cannot lawfully be excluded. 

Customers may be entitled to refunds, repairs, replacements, cancellations, or other remedies under applicable consumer protection laws. 

Returns and refunds for physical products are governed by our Refund & Returns Policy, together with applicable law. 

Manufacturing defects and warranty claims are addressed in our Warranty Policy. 

Shipping, delivery, and pre-order arrangements are addressed in our Shipping Policy. 

Hyper Hitter currently offers physical product delivery within Australia and the United States. 

Availability of the App in other jurisdictions does not mean that physical product delivery is offered in those jurisdictions. 

Where customers have mandatory cancellation or withdrawal rights under applicable law, those rights will be respected. 

Any lawful exceptions applicable to digital content or subscriptions will be applied only where the relevant legal requirements have been satisfied. 

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. 

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 

Our goods and services may also be subject to other consumer guarantees and remedies under applicable law. 

These statutory rights operate independently of, and in addition to, any manufacturer's limited warranty offered by Hyper Hitter.

Hyper Hitter physical equipment includes a 12-month manufacturer's limited warranty from the date of delivery, covering defects in materials and workmanship under normal use. 

This warranty applies to appropriate residential training and normal commercial gym training, subject to the conditions and exclusions in our Warranty Policy. 

The manufacturer's warranty is provided in addition to applicable statutory consumer guarantees and other non-excludable rights. 

The App and related digital Services may occasionally experience interruptions, compatibility limitations, software errors, or changes in functionality. 

To the extent permitted by law, Hyper Hitter does not guarantee uninterrupted or error-free availability of every digital feature or compatibility with every device or third-party service. 

No statement in this section removes any express warranty, statutory consumer guarantee, or remedy that cannot lawfully be excluded. 

For full warranty conditions and claim instructions, refer to our Warranty Policy.

To the maximum extent permitted by applicable law, Hyper Hitter Pty Ltd is not responsible for losses caused solely by a customer's misuse, unauthorized modification, improper installation, incompatible mounting equipment, unsafe conduct, or failure to follow reasonable product instructions. 

To the extent permitted by law, Hyper Hitter excludes liability for indirect or consequential commercial losses arising from use of the Services, except where such liability cannot lawfully be excluded. 

Nothing in these Terms excludes, restricts, or limits liability for death or personal injury, negligence, defective products, breaches of consumer guarantees, fraud, or any other liability to the extent such exclusion or limitation is prohibited by applicable law. 

Where liability may lawfully be limited, any limitation will apply only to the extent permitted by law and will not deprive customers of mandatory remedies. 

To the extent permitted by law, you agree to indemnify Hyper Hitter Pty Ltd against reasonable losses, liabilities, and expenses arising directly from your unlawful conduct, intentional misuse of the Services, infringement of third-party rights, or material breach of these Terms. 

This obligation applies only to the extent that the relevant loss is caused by your conduct. 

You are not required to indemnify Hyper Hitter for losses caused by its own negligence, unlawful conduct, breach of these Terms, or failure to comply with applicable consumer guarantees. 

Nothing in this section limits rights or protections that cannot lawfully be excluded. 

Hyper Hitter collects, uses, stores, and handles personal information in accordance with its Privacy Policy and applicable privacy laws. 

Information processed through the Services may include account information, subscription information, workout history, performance metrics, device information, and other information necessary to provide or improve the Services. 

Certain App features may involve camera-based detection, AI-assisted functionality, or other data processing. 

Where consent or permission is required for camera access or other device functionality, the App will request the relevant permission. 

Personal information will be handled in accordance with the Privacy Policy and applicable law. 

Please review our Privacy Policy for further information about data practices and your available rights. 

Hyper Hitter may update these Terms & Conditions to reflect changes in its products, Services, business operations, legal obligations, or applicable requirements. 

Updated Terms will be published on our website with a revised effective date. 

Where changes materially affect existing users or subscriptions, we will provide notice where required by law or applicable marketplace rules. 

Changes will not retrospectively remove statutory rights or contractual rights that customers have already acquired. 

The terms applicable to an existing product purchase will be determined by the terms provided at the time of purchase, subject to applicable law. 

Continued use of the Services following a valid update may constitute acceptance of the revised Terms where permitted by law. 

These Terms & Conditions are governed by the laws of Western Australia, Australia, subject to any mandatory laws and consumer protections applicable in a customer's jurisdiction. 

Hyper Hitter Pty Ltd operates from Australia. 

Physical Hyper Hitter products are currently offered for delivery within Australia and the United States. 

The Hyper Hitter App may be available in additional countries or regions, subject to applicable marketplace availability, local laws, and service restrictions. 

Users are responsible for complying with laws applicable to their use of the Services. 

Nothing in this section removes a customer's right to rely on mandatory consumer protections or pursue remedies in a jurisdiction where such rights cannot lawfully be excluded. 

For questions about these Terms & Conditions, products, orders, subscriptions, or related Services, please contact:

Hyper Hitter Pty Ltd

ABN: 57 686 077 350 

Address: 642 Newcastle St, Leederville WA 6007, Australia 

Email: info@hyperhitter.com 

Website: www.hyperhitter.com 

Please include your order number or relevant account details where appropriate so that we can assist you efficiently.