By accessing, downloading, purchasing, subscribing to, or using the Hyper Hitter mobile application (“App”), website, connected hardware, content, products, or related services (collectively, the “Services”), you agree to be bound by these Terms & Conditions. If you do not agree, you must not access or use the Services.

You must be at least 13 years old or the minimum legal age in your jurisdiction to use the App or Services.

If you are under 18 years old, you may only purchase products or subscriptions and use the Services with the involvement and consent of a parent or legal guardian.

Parents and legal guardians are responsible for supervising any use of Hyper Hitter products, the App, and related Services by minors.

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

You agree not to misuse the Services, interfere with their operation, attempt unauthorized access, reverse engineer any software except where prohibited by law, or use the Services in a manner that may damage the Services, equipment, users, third parties, or Hyper Hitter’s reputation.

Commercial use of the App, software, content, training programs, videos, or related materials, including resale, sublicensing, redistribution, copying, exploitation, or use for third-party commercial benefit, is prohibited unless expressly approved in writing by Hyper Hitter.

We reserve the right to suspend or terminate access to the Services for misuse, unauthorized access, breach of these Terms, suspected fraud, unsafe conduct, or conduct that may harm Hyper Hitter, its users, or third parties.

You may be required to create an account to access certain features of the Services. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must provide accurate, current, and complete information and keep your account information updated. We may suspend or terminate accounts that contain false, misleading, or incomplete information, or that are used in breach of these Terms.

You are responsible for ensuring that anyone using your account or Hyper Hitter product does so safely, responsibly, and in accordance with these Terms.

All products are subject to availability. We may limit quantities, reject orders, cancel orders, or update product descriptions, pricing, packaging, specifications, or availability at any time to the extent permitted by law.

We aim to ensure product descriptions, imagery, and specifications are accurate, but we do not warrant that all descriptions, images, dimensions, colors, compatibility information, or other content are always error-free, complete, or current. Minor variations may occur.

Where products are sold on a pre-order or back-order basis, estimated shipping or delivery timeframes are estimates only and are not guaranteed. Delays may occur due to manufacturing, freight, customs, third-party logistics providers, inventory availability, or other factors outside our reasonable control.

By placing an order or pre-order, you acknowledge that you are responsible for reviewing the product specifications, compatibility requirements, shipping information, and any product notes before purchasing.

The App may offer subscription plans that provide access to training modes, custom workouts, performance tracking, gym member access, and related features.

App subscriptions may be billed through the Apple App Store or Google Play. Subscription renewals, cancellations, billing cycles, payment processing, and refunds are governed by the applicable app marketplace and your agreement with that marketplace.

Unless otherwise stated, subscriptions automatically renew unless canceled before the next billing date through your Apple App Store or Google Play account settings.

Hyper Hitter may not be able to directly cancel, refund, or manage subscriptions purchased through Apple, Google, or another third-party platform. You are responsible for managing your subscription through the platform where the purchase was made.

To the extent permitted by law, payments are non-refundable except where required under applicable consumer protection laws or the applicable marketplace rules.

The Services involve physical activity and boxing-inspired fitness training, which carry inherent risks. Participation is entirely voluntary and at your own risk.

You should consult a qualified medical professional before beginning any exercise, fitness, or training program, particularly if you have any pre-existing medical condition, injury, illness, cardiovascular issue, or any other health concern, or if you are unsure whether the Services are appropriate for you.

Hyper Hitter does not provide medical advice, diagnosis, treatment, physiotherapy, rehabilitation, or professional healthcare services. Any workout, recommendation, content, or guidance made available through the Services is provided for general fitness and informational purposes only.

You are solely responsible for determining whether you are physically capable of safely using the Services and for stopping exercise immediately if you feel pain, dizziness, discomfort, shortness of breath, or any other concerning symptom.

By using the Services or Hyper Hitter products, you acknowledge and accept the risks associated with exercise, boxing-style training, striking movements, repetitive movement, mounted fitness equipment, gym equipment, and related physical activity.

You voluntarily assume all such risks, including the risk of injury, illness, aggravation of a pre-existing condition, property damage, equipment damage, wall damage, structural damage, or death, to the maximum extent permitted by law.

Hyper Hitter products must be installed, mounted, assembled, handled, maintained, and used with care and strictly in accordance with any instructions, warnings, specifications, and guidance we provide.

You are solely responsible for:

• confirming rack, rig, wall, upright, through-hole, and mounting compatibility before purchase and installation
• ensuring the product is mounted only to suitable surfaces, structures, racks, rigs, or wall systems
• checking the structural integrity and suitability of the wall, rack, rig, bracket, fittings, hardware, and surrounding area
• ensuring installation is secure and performed correctly, including by a qualified installer where appropriate
• regularly inspecting the product, mounts, fixtures, straps, bolts, hardware, and surrounding area for wear, loosening, damage, or unsafe conditions
• using appropriate space, supervision, technique, and protective equipment, including suitable boxing gloves or hand protection where appropriate

Hyper Hitter is not responsible for injury, loss, wall damage, structural damage, rack damage, rig damage, equipment failure, or property damage arising from improper installation, improper mounting, unsuitable surfaces, incompatible equipment, incorrect use, misuse, overloading, modification, poor maintenance, or failure to follow instructions or warnings.

If Hyper Hitter products or Services are used in a gym, studio, school, training facility, commercial facility, or shared environment, the facility owner, operator, coach, trainer, or responsible person must ensure safe installation, appropriate supervision, regular maintenance checks, and safe use by all users.

Gym owners, trainers, and commercial users are responsible for ensuring users understand how to use the product safely, have appropriate space and protective equipment, and are physically capable of participating.

Commercial or high-frequency use may increase wear and tear. Damage caused by misuse, abuse, improper supervision, unsafe installation, poor maintenance, or excessive impact outside normal intended use is not covered to the extent permitted by law.

The Services may provide workout tracking, punch counts, timing data, intensity indicators, calorie estimates, performance scores, AI-generated insights, camera-based detection, training recommendations, gamification features, leaderboards, and other metrics.

These metrics, insights, and recommendations are estimates only, may rely on user-inputted information, device data, camera data, assumptions, and algorithms, and are provided for general informational and fitness purposes only.

Hyper Hitter does not guarantee that any performance metric, AI output, punch count, calorie estimate, camera detection, leaderboard position, or training recommendation will be accurate, complete, reliable, uninterrupted, or suitable for medical, diagnostic, treatment, insurance, rehabilitation, or professional training purposes.

You agree to use the Services safely, responsibly, and only for their intended purpose. You must not use the Services while impaired, in an unsafe environment, without adequate space, or in a manner that could foreseeably cause injury or damage.

You are responsible for ensuring that any person using your Hyper Hitter product or account does so safely and in accordance with these Terms.

You must stop using the product immediately if any part becomes loose, damaged, unstable, worn, or unsafe.

All software, content, training material, videos, workout formats, designs, trademarks, logos, branding, technology, inventions, product designs, and other intellectual property associated with Hyper Hitter are owned by Hyper Hitter Pty Ltd or its licensors and are protected by applicable intellectual property laws.

Except as expressly permitted by law or by Hyper Hitter in writing, you may not copy, reproduce, modify, distribute, publish, display, sell, license, exploit, reverse engineer, or create derivative works from any part of the Services.

If you submit reviews, testimonials, feedback, photos, videos, social media posts, tags, comments, or other content relating to Hyper Hitter, you represent that you have the right to share that content and that it does not infringe any third-party rights.

By submitting or tagging Hyper Hitter in content, you grant Hyper Hitter a non-exclusive, worldwide, royalty-free license to use, repost, display, reproduce, edit, and share that content for marketing, promotional, website, social media, and business purposes, unless prohibited by law or you request removal where reasonably practicable.

We may remove, decline to publish, or stop using user content at any time.

The Services may integrate with or rely on third-party platforms, marketplaces, hosting providers, analytics providers, payment processors, app stores, shipping providers, or other service providers. Hyper Hitter is not responsible for third-party services, their content, availability, policies, or acts or omissions.

Purchases, subscriptions, shipping, payments, or interactions conducted through Apple, Google, Shopify, payment processors, third-party logistics providers, or any other third-party platform may also be subject to that platform’s own terms, conditions, and policies.

Nothing in these Terms excludes, restricts, or modifies any rights, remedies, guarantees, or protections that cannot lawfully be excluded under applicable consumer law, including the Australian Consumer Law and other mandatory consumer protection laws in your jurisdiction.

Returns, refunds, warranty claims, repairs, replacements, and remedies are also subject to our Refund & Returns Policy, available on our website.

Where required by applicable law, consumers may have statutory rights relating to cancellations, returns, refunds, repairs, replacements, withdrawal, or remedies for faulty goods, defective digital content, or non-conforming services.

If you are located in the European Economic Area, the United Kingdom, or another jurisdiction providing mandatory cooling-off or withdrawal rights for distance purchases, those rights will apply to the extent required by law, subject to any lawful exceptions or limitations.

For digital services, digital content, or app subscriptions supplied immediately after purchase, you expressly request and consent to immediate supply where that option is presented to you, and acknowledge that this may affect any cancellation or withdrawal rights to the extent permitted by applicable law.

If you acquire goods or services from us as a consumer under the Australian Consumer Law, our goods and services come with guarantees that cannot be excluded under that law. You are entitled to remedies in accordance with applicable law for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced, or services supplied again or rectified, if they fail to meet applicable consumer guarantees.

To the maximum extent permitted by law, and except for any rights that cannot be excluded under applicable law, the Services and products are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, secure, accurate, compatible with all devices, racks, rigs, walls, or setups, or free from bugs, delays, data loss, outages, or harmful components, or that all defects will be corrected.

To the maximum extent permitted by law, Hyper Hitter Pty Ltd and its directors, officers, employees, contractors, affiliates, licensors, suppliers, service providers, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, opportunity, or reputation, arising out of or in connection with your use of, or inability to use, the Services or products.

To the maximum extent permitted by law, Hyper Hitter is not liable for any injury, health complication, property damage, wall damage, structural damage, rack damage, rig damage, equipment failure, data inaccuracy, or loss resulting from training activities, physical exertion, improper installation, incorrect mounting, incompatible equipment, misuse of equipment, failure to follow instructions, or use of the Services in an unsafe manner.

Where liability cannot lawfully be excluded but can be limited, our liability is limited to the maximum extent permitted by law.

To the maximum extent permitted by law, you agree to indemnify and hold harmless Hyper Hitter Pty Ltd and its directors, officers, employees, contractors, affiliates, licensors, suppliers, service providers, and agents from and against claims, losses, liabilities, damages, costs, and expenses arising out of or related to your misuse of the Services, your breach of these Terms, your improper installation or use of products, your unsafe conduct, your user content, or your violation of any law or third-party right.

Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use, store, and protect your information.

Some App features may involve device data, camera-based detection, performance tracking, account information, usage data, or other information needed to provide the Services. Please review our Privacy Policy for more information.

We may update or modify these Terms & Conditions from time to time. Any changes will be posted on our website and, where appropriate, within the App. Continued use of the Services after updated Terms are posted constitutes acceptance of those updated Terms.

These Terms & Conditions are governed by the laws of Western Australia, Australia, unless mandatory laws in your jurisdiction require otherwise.

We operate from Australia and provide products and Services internationally, including to users in the United States, Europe, and other jurisdictions. You are responsible for ensuring your use of the Services complies with the laws applicable to you.

For questions regarding these Terms & Conditions, please contact: info@hyperhitter.com