Terms & Conditions — Progressor

1. Who we are

The Service is provided by NYD&Co Pty Ltd, trading as NYD Systems ("NYD Systems", "we", "us", or "our"), an Australian company.

You can contact us by post at:

NYD&Co Pty Ltd (NYD Systems)

PO BOX 5793

Studfield, Victoria, 3152

Australia

or by email at privacy@progressor.app.

In these Terms, "you" and "your" mean the individual using the Service, and (where you use the Service on behalf of an organisation) that organisation.

2. The Service

Progressor is a training and fitness software application available on iOS, Android, and the web. Its purpose is to help you plan and track strength training, record your sessions, and generate general, automated training and nutrition recommendations based on the information you and your device provide.

You may use the Service for your own personal training and, if you are a coach, to build and share training programs with clients who have an active coaching relationship with you.

We may add, change, suspend, or remove features at any time. We do not guarantee that the Service, or any particular feature, will always be available or error-free.

3. Eligibility and your account

You must be at least 16 years old to use the Service (or at least 13 with verifiable parental or guardian consent where permitted by local law). By using the Service you confirm you meet this requirement.

You are responsible for:

the accuracy of the information you provide;
keeping your account credentials secure; and
all activity that occurs under your account.

Tell us immediately at privacy@progressor.app if you suspect any unauthorised access to your account. We are not liable for any loss arising from unauthorised use of your account where you have failed to keep your credentials secure.

4. Recommendations only — not professional advice

The Service provides recommendations and general information only. It does not provide, and is not a substitute for, professional medical, health, physiotherapy, dietary, nutritional, psychological, or other personalised advice.

Everything the Service generates — including suggested weights, repetitions, sets, rest periods, tempo, progression and de-load suggestions, exercise selections and substitutions, readiness prompts, estimated one-rep-max figures, calorie and macronutrient targets, and any analytics, charts, or "graduation" or "level-up" indicators — is an automated, general suggestion produced by software. It is not a prescription, diagnosis, treatment plan, or instruction, and it is not tailored to your individual medical circumstances.

You are solely responsible for deciding whether, and how, to act on any recommendation. You should exercise your own judgement and seek advice from an appropriately qualified professional before acting.

5. Health, fitness and nutrition disclaimer

Physical exercise, weight training, and changes to diet or nutrition carry inherent risks, including the risk of serious injury, illness, aggravation of pre-existing conditions, or death.

You agree that:

You will consult a qualified medical or health professional before beginning, changing, or continuing any exercise or nutrition program, particularly if you have or may have any medical condition, injury, are pregnant, or are taking any medication.
The Service does not assess your fitness to exercise, and any onboarding questions, readiness check-ins, or intake forms are not a medical screening or clearance.
You will stop exercising immediately and seek medical attention if you experience pain, dizziness, discomfort, or any other warning sign.
Health and bodyweight data synced from Apple Health, Google Health Connect, a connected device, or entered manually is provided by you and your devices, may be inaccurate, and is used only to generate general recommendations.

You use the Service, and act on any recommendation it provides, entirely at your own risk. To the maximum extent permitted by law, we accept no responsibility or liability for any injury, illness, loss, or damage of any kind arising out of or in connection with your use of the Service or your reliance on any recommendation it produces.

6. Assumption of risk

By using the Service you acknowledge that you understand the risks described in section 5 and that you voluntarily and knowingly assume all such risks, whether known or unknown, arising from your participation in any training, exercise, or nutrition activity, whether or not informed by the Service.

7. Subscriptions and billing

The Service offers a 14-day free trial. No payment card is required to start the trial. If you take no action at the end of the trial, your account drops to read-only access to your last 30 days of history — you keep your data but cannot log new sessions until you subscribe.

Paid subscriptions are offered on a monthly or annual basis and are billed through:

Apple App Store (in-app purchase) on iOS;
Google Play (in-app purchase) on Android; and
Stripe for coach plans and certain web purchases.

Billing, renewals, price changes, and refunds are handled according to the rules of the platform you purchased through (Apple, Google, or Stripe). Subscriptions renew automatically unless cancelled. You can manage or cancel your subscription through your App Store, Google Play, or Stripe account as applicable.

Cancellation takes effect at the end of your current billing period. Except where required by law (including the Australian Consumer Law), fees already paid are non-refundable, and we are not responsible for refunds processed by Apple, Google, or Stripe under their own policies.

8. Acceptable use

You agree not to:

use the Service for any unlawful purpose or in breach of these Terms;
reverse-engineer, decompile, scrape at scale, or attempt to extract source code or data except as permitted by law;
interfere with, disrupt, or attempt to gain unauthorised access to the Service or its underlying systems;
resell, sublicense, or commercially exploit the Service except through our official coach features; or
upload content that is unlawful, infringing, harmful, or that you do not have the right to share.

We may suspend or restrict access where we reasonably believe your use breaches this section.

9. Coaching features

If you are a coach, you may use the Service to create and assign programs and notes to clients who have an active coaching relationship with you. If you are a client, you control which coach (if any) can view your training data, and you may end that relationship at any time.

Coaches are independent of NYD Systems. We do not employ, endorse, supervise, or vet coaches, and we do not review the programs, notes, or advice a coach provides. Any coaching relationship is solely between the coach and the client.

To the maximum extent permitted by law, we are not responsible or liable for any advice, program, conduct, omission, or outcome arising from a coach–client relationship. Coaches are solely responsible for ensuring they are appropriately qualified, insured, and permitted to provide the services they offer, and for complying with all applicable laws.

10. Your data and content

You retain ownership of the training data and content you create in the Service. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, and display that data solely to operate, maintain, secure, and improve the Service and to provide it to you (and, where you choose, to your coach).

Our collection and handling of personal information is described in our Privacy Policy, which forms part of these Terms.

On account deletion, your personal information is removed or anonymised in accordance with the Privacy Policy (subject to a 30-day cooling-off period). Aggregated and anonymised data that can no longer identify you may be retained.

11. Intellectual property

The Service, including its software, design, branding, "Progressor" name, the tagline "Always Doing Better", and all related content (excluding your own data and content), is owned by NYD Systems or its licensors and is protected by intellectual property laws. We grant you a limited, personal, non-transferable, revocable licence to use the Service in accordance with these Terms. All rights not expressly granted are reserved.

12. Disclaimers and "as is" service

To the maximum extent permitted by law, and subject to section 15:

the Service is provided "as is" and "as available", with all faults, and without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement;
we do not warrant that the Service will be uninterrupted, secure, error-free, or that any recommendation, calculation, estimate, or output will be accurate, complete, reliable, or suitable for you; and
you acknowledge that any reliance on the Service or its outputs is at your own risk.

13. Limitation of liability

To the maximum extent permitted by law, and subject to section 15:

in no event will NYD Systems, its directors, officers, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, data, goodwill, or anticipated savings, arising out of or in connection with your use of (or inability to use) the Service, however caused and regardless of the theory of liability;
in no event will we be liable for any injury, illness, death, or physical, psychological, or financial harm arising out of or in connection with your use of the Service, your reliance on any recommendation, or your participation in any exercise or nutrition activity; and
our total aggregate liability for all claims arising out of or in connection with the Service or these Terms will not exceed the greater of (a) the total fees you paid to us for the Service in the 12 months immediately before the event giving rise to the claim, or (b) AUD $100.

These limitations apply even if a remedy fails of its essential purpose and even if we have been advised of the possibility of such damages.

14. Your indemnity to us

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless NYD Systems and its directors, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

your use or misuse of the Service;
your breach of these Terms or of any applicable law;
any injury, illness, loss, or damage suffered by you or any third party as a result of your participation in any exercise or nutrition activity, whether or not informed by the Service; and
(if you are a coach) any advice, program, conduct, or omission in connection with your coaching of clients.

15. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other applicable law that cannot lawfully be excluded or limited ("Non-Excludable Rights").

Where we are entitled to do so, our liability for a breach of a Non-Excludable Right is limited, at our option, to:

in the case of goods — the replacement or repair of the goods, the supply of equivalent goods, or payment of the cost of doing so; and
in the case of services — the resupply of the services, or payment of the cost of having the services resupplied.

All other provisions of these Terms (including sections 12, 13 and 14) apply subject to this section.

16. Termination

You may terminate these Terms at any time by deleting your account through the in-app Settings → Privacy & Data → Delete account flow.

We may suspend or terminate your access if you breach these Terms or any applicable law. Except in cases of serious or repeated breach, legal compulsion, or risk to the Service or other users, we will give you reasonable notice (at least 14 days where practicable).

Sections that by their nature should survive termination — including sections 4, 5, 6, 10 (licence to retain anonymised data), 11, 12, 13, 14, 15, and 18 — survive termination.

17. Changes to these Terms

We may update these Terms from time to time. Where a change is material, we will give you reasonable advance notice (for example, by email or in-app notice) before it takes effect, and where required we will ask you to re-accept the Terms in the app. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

18. Governing law

These Terms are governed by the laws of the State of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them. This does not deprive you of the protection of any mandatory consumer law of the place where you live.

19. Contact

Questions about these Terms? Contact us: