These Terms of Service (“Terms”) govern your use of the Mesonate platform and services (the “Services”).
By creating a Mesonate account, using the coach dashboard, creating or joining a Business, or using the athlete mobile app, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
These Terms are intended for users in Australia.
1. Who we are
The Services are operated by:
- LSDA Technologies Pty Ltd (ABN 680 940 381 / ACN 72 680 940 381) of New South Wales, Australia(“LSDA”, “Mesonate”, “we”, “us”, “our”).
Our contact details are set out in our Privacy Policy and on our website.
2. How Mesonate works
Mesonate is a software platform and technology service. We are not a health service provider, medical record system, clinic, gym, coach, or healthcare practitioner.
Key concepts (consistent with our Privacy Policy):
- A User is any individual with a Mesonate account. The same account can be used in a coach role, athlete role, or both.
- A Business is an entity (e.g. coach, gym, club, team, school) created and managed within Mesonate by one or more Users.
- A Coach is a User who has been given coach/staff access within a Business.
- An Athlete is a User who has accepted an invitation from a Business to receive coaching.
Mesonate:
- provides tools to create and manage Businesses, invite coaches and athletes, program and log training, manage group classes, messaging, and forms; and
- provides an exercise database, including demonstration videos and longer explanation videos, that Coaches may use to build workouts and that Athletes may view.
Mesonate does not:
- provide medical, physiotherapy or other clinical services;
- provide professional coaching services itself;
- make training, treatment, rehabilitation or return‑to‑play decisions for you; or
- guarantee that any particular program or exercise is safe, appropriate or effective for you.
Coaches and Businesses are independent of Mesonate and are responsible for the services they provide.
3. Your agreement with us
By using the Services you:
- agree to these Terms; and
- consent to our handling of your personal information as described in our Privacy Policy, which forms part of these Terms.
If you use the Services on behalf of a Business (e.g. as a coach, owner, director, staff member or authorised representative), you:
- represent that you are authorised to bind that Business; and
- agree that the Business will be bound by these Terms.
4. Eligibility, accounts and security
4.1 Eligibility
- The Services are designed primarily for adults.
- Individuals under 18 may only use the Services where they, and where appropriate their parent or legal guardian, have agreed to our handling of their information and the relevant coach, club, school or organisation has obtained any required consents (see also our Privacy Policy, Section 13).
4.2 Account registration
You must:
- provide accurate and up‑to‑date registration information;
- keep your login credentials secure; and
- promptly update your details if they change.
You are responsible for all activity that occurs under your account.
4.3 Security
You must:
- notify us promptly if you suspect unauthorised use of your account or any other security breach; and
- not share your password or allow others to use your account.
5. Health, medical and exercise disclaimers; assumption of risk
5.1 No medical or professional advice
Mesonate and its exercise database (including any text, images, exercise descriptions, demonstration videos and longer explanation videos):
- are provided for general informational and educational purposes only;
- are not medical, physiotherapy, nutrition or other professional health advice;
- do not consider your individual circumstances, medical history, injuries or goals; and
- do not create any doctor–patient, physiotherapist–patient, or other clinical relationship between you and Mesonate.
You must not rely on the Services as a substitute for:
- professional medical advice, diagnosis or treatment; or
- in‑person coaching or supervision by a suitably qualified professional.
5.2 Consult your health professional
Before starting, changing or intensifying any exercise or training program, you should:
- consult a medical practitioner or qualified health professional to determine whether it is appropriate for you; and
- follow any advice they give you.
If you experience pain, dizziness, shortness of breath, chest pain, or any other concerning symptom while using the Services or performing an exercise, you must:
- stop immediately; and
- seek medical advice promptly.
5.3 Inherent risks of exercise
You understand and agree that:
- physical exercise and training inherently involve risks, including serious injury or death;
- injuries can occur even when exercises are correctly demonstrated and performed; and
- risks may include (without limitation) muscle strains, ligament sprains, falls, overuse injuries, cardiovascular events, or aggravation of existing conditions.
To the maximum extent permitted by law, you:
- voluntarily assume all risks associated with your use of the Services and performance of any exercise, movement or training program sourced through the Services; and
- are solely responsible for determining whether any exercise, workout, load or progression is suitable for you.
5.4 Exercise database and videos
Without limiting the above:
- Mesonate does not warrant that any exercise, progression, regression, loading scheme, or technique shown in the exercise database (including any demonstration video or explanation video) is:
- safe or appropriate for you; or
- suitable for any particular purpose, injury, condition, sport or performance goal.
- Coaches are responsible for:
- selecting appropriate exercises for their Athletes;
- providing any additional safety instructions, modifications or regressions; and
- supervising or monitoring Athletes where required by their own professional standards.
- Athletes are responsible for following their own health professional’s advice and communicating injuries or limitations to their Coaches and organisations.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded (see Section 13).
6. Coaches, Businesses and Athletes – responsibilities
6.1 Coaches and Businesses
If you act as a Coach or create/manage a Business, you:
- are solely responsible for:
- your coaching services, advice and conduct;
- compliance with any professional, ethical or industry standards that apply to you;
- complying with any health‑records, privacy and record‑keeping laws that apply directly to you; and
- obtaining and maintaining any licences, insurance and professional registrations you require;
- must ensure you have the necessary authority, consents and lawful basis to:
- invite Athletes and staff into your Business; and
- collect, enter and use their information in Mesonate and outside Mesonate;
- must not rely on Mesonate as your sole medical or health‑record system.
You agree that Mesonate is not responsible for:
- your coaching decisions or professional judgments;
- any training plans, advice, instructions or content you provide to Athletes; or
- your compliance with your independent legal or professional obligations.
6.2 Athletes
If you are an Athlete, you acknowledge that:
- your coach, club, school or organisation is responsible for the coaching, programming and support they provide you; and
- questions or complaints about your coaching or treatment should be directed to them, not to Mesonate.
6.3 User content responsibility
You are responsible for:
- all information, notes, forms, messages, media, programs and other content you enter, upload or send via the Services (“User Content”); and
- ensuring that your User Content:
- is accurate and lawful;
- does not infringe others’ rights; and
- does not contain harmful or abusive material.
7. Subscriptions, fees and payments
7.1 Subscription model
Certain features (particularly Business and coach features) require a paid subscription. Subscription tiers, features and prices are described in the Services or on our website and may be updated from time to time.
7.2 Billing and Stripe
- We use Stripe as our third‑party payment processor.
- By purchasing a subscription, you authorise us and Stripe to charge your nominated payment method for:
- subscription fees; and
- any applicable taxes.
You must ensure your billing details are accurate and that you have the right to use the payment method provided.
7.3 Renewals and cancellation
- Subscriptions generally renew automatically at the end of each billing period unless cancelled beforehand, as described in the Services.
- You may cancel your subscription effective at the end of your current billing period, subject to any minimum terms presented at sign‑up.
7.4 Refunds
Except as required under the Australian Consumer Law or otherwise stated in the Services, subscription fees are:
- non‑refundable; and
- payable in advance for the relevant period.
Nothing in these Terms affects your statutory rights or remedies under the Australian Consumer Law.
8. Intellectual property and licences
8.1 Our IP
Subject to Section 8.2, all intellectual property rights in the Services and our content (including the exercise database, exercise names, descriptions, tags, demonstration videos, explanation videos, app and dashboard interfaces, underlying code and documentation) are owned by or licensed to Mesonate.
We grant you a limited, non‑exclusive, non‑transferable, revocable licence to use the Services for your personal or internal Business purposes in accordance with these Terms.
You must not (and must not permit anyone else to):
- copy, modify, adapt, translate, create derivative works from, or reverse engineer any part of the Services (except to the extent such restriction is prohibited by law);
- attempt to extract or bulk‑download our exercise database or videos, or create a competing service using our content; or
- use our trade marks, names or logos without our prior written consent.
8.2 Your User Content
You retain ownership of your User Content. You grant to us a worldwide, non‑exclusive, royalty‑free licence (with the right to sublicense to our service providers) to:
- host, store, display and process your User Content; and
- use it as reasonably necessary to operate, maintain, improve and provide the Services,in accordance with our Privacy Policy.
You represent and warrant that you have all rights and consents needed to grant this licence.
We may create de‑identified and aggregated data from User Content and usage data. We own such de‑identified and aggregated data and may use it for analytics, product improvement and other lawful purposes, provided it does not identify you.
9. Acceptable use
You must not use the Services:
- in any unlawful way or in breach of these Terms;
- to harass, threaten, abuse, defame or harm others;
- to upload or share content that is illegal, infringing, misleading, defamatory, obscene or otherwise objectionable;
- to attempt to access data you are not authorised to access;
- to interfere with or disrupt the Services or underlying infrastructure;
- to circumvent technical restrictions or security features; or
- to send spam or unauthorised marketing.
We may suspend or terminate your access (with or without notice) if we reasonably believe you have breached these Terms or pose a risk to us, the Services or other users.
10. Third‑party services and integrations
The Services may integrate with or link to third‑party services, including:
- wearable and fitness platforms;
- payment processors (Stripe);
- email and communication providers; and
- other tools used by Coaches and Businesses.
Those services are provided by third parties under their own terms and privacy policies. We do not control and are not responsible for:
- the availability, security or performance of third‑party services; or
- any content, data or outcomes you obtain through them.
11. Termination and suspension
11.1 By you
You may stop using the Services at any time. You may also delete your Mesonate account in accordance with our Privacy Policy and in‑app options.
11.2 By us
We may suspend or terminate your access to all or part of the Services if:
- you materially breach these Terms;
- you misuse or attempt to misuse the Services;
- we are required to do so by law or a regulator; or
- we discontinue the Services (on reasonable notice where practicable).
11.3 Effect of termination
On termination:
- your right to access the Services ends;
- we may delete or de‑identify your personal information from active systems in accordance with our Privacy Policy; and
- sections of these Terms that by their nature should survive (including Sections 5, 6, 8, 11.3, 12, 13 and 15) will continue to apply.
12. Disclaimers
12.1 General service disclaimer
To the maximum extent permitted by law, and subject to Section 13.1:
- the Services and all content (including the exercise database and videos) are provided “as is” and “as available”; and
- we make no representation or warranty that the Services will be uninterrupted, error‑free, complete, accurate, suitable for your purposes, or compatible with any particular device or software.
You are responsible for ensuring that the Services meet your needs.
12.2 No guarantee of results
We do not guarantee that:
- any particular training outcome, performance improvement, rehabilitation outcome, weight loss, strength gain or other result will be achieved by using the Services; or
- the Services will prevent injuries, illnesses or other adverse events.
13. Limitation of liability
13.1 Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Competition and Consumer Act 2010 (Cth) including the Australian Consumer Law, or any other law that cannot lawfully be excluded.
13.2 Exclusions and limitations
Subject to Section 13.1 and to the maximum extent permitted by law:
- we exclude all implied warranties, conditions and guarantees not expressly set out in these Terms; and
- we are not liable for:
- loss of profit, revenue, opportunity, data, goodwill or business interruption; or
- any indirect, consequential, special or punitive loss or damage,arising out of or in connection with the Services, these Terms, or any exercise, training or coaching undertaken using the Services, whether in contract, tort (including negligence), statute or otherwise.
To the extent we are liable and our liability cannot be excluded, and where it is fair and reasonable to do so, our liability is limited (at our option) to:
- re‑supplying the relevant services; or
- paying the cost of having the services re‑supplied.
Without limiting Sections 5 and 13.2, and subject always to Section 13.1:
- Mesonate is not responsible for:
- any injury, illness, death, property damage or loss arising from your performance of an exercise, workout or program derived from the Services; or
- any act or omission of any Coach, Business, club, school, gym, clinician or other organisation using the Services; and
- you agree that, to the maximum extent permitted by law, any such claims must be pursued against the relevant Coach, Business or organisation and not against Mesonate.
If you provide coaching or run a Business, you must obtain your own legal advice on any waivers or risk warnings you require for your Athletes or clients. This Terms document is not a waiver between you and your Athletes.
14. Indemnity (for Businesses and Coaches)
If you create or manage a Business, or use the Services to provide coaching or professional services, you indemnify Mesonate (and our officers, employees and contractors) from and against any loss, liability, damage, cost or expense (including reasonable legal costs) arising out of or in connection with:
- your use of the Services in your Business or professional capacity;
- any claim by an Athlete, client, patient or third party relating to:
- your coaching, treatment, programming or advice; or
- information you entered into or exported from Mesonate; and
- your breach of these Terms or applicable law,
except to the extent the loss is caused by Mesonate’s own negligence or wilful misconduct.
15. Changes to the Services and to these Terms
We may:
- change, improve or discontinue parts of the Services from time to time; and
- update these Terms periodically, for example to reflect changes in law, regulatory guidance or our Services.
When we make material changes to these Terms, we will:
- update the “Last updated” date above; and
- where reasonably practicable, provide additional notice (for example, in‑app or by email).
If you continue to use the Services after the updated Terms take effect, you will be taken to have accepted them. If you do not agree, you must stop using the Services and may delete your account.
16. Governing law and disputes
These Terms are governed by the laws of New South Wales, Australia, and you submit to the non‑exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
If you have a concern or dispute with us, you agree to:
- first contact us using the details in our Privacy Policy; and
- give us a reasonable opportunity to resolve your concern before commencing court or tribunal proceedings (except where urgent relief is sought).
17. General
- If any part of these Terms is held to be invalid or unenforceable, that part will be severed and the rest will remain in force.
- Our failure or delay in exercising a right under these Terms does not operate as a waiver of that right.
- You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations in connection with a merger, acquisition, corporate reorganisation or sale of assets.
- Headings are for convenience only and do not affect interpretation.
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