1. Agreement

These Terms and Conditions (Terms) govern access to and use of Boltt, including the Boltt Band, the Boltt Band app, coach features, the Coach’s Portal, backend APIs, dashboards, subscriptions and payments, and related services operated by Boltt Pty Ltd (ACN 688 767 062) (we, us, or Boltt), together the Service.

By creating an account, signing in, pairing a device, syncing data, accepting a coach relationship, making a payment, or otherwise using the Service, you agree to these Terms and to our Privacy Policy.

These Terms should be read together with the Boltt Terms of Sale, which govern the purchase of the Boltt Band and other products, and the Boltt Product Warranty, which governs warranties for physical products. Where there is any inconsistency between documents, the order of precedence set out in Section 23 applies.

2. Definitions

• Athlete means a user who tracks their own activity, sleep, recovery and readiness data through the Service.

• Boltt Band means the Boltt wearable device, together with its bands, charger and embedded firmware.

• Voltage means the central nervous system readiness state that the Service estimates from overnight recovery and training load signals.

• Coach means a user who is granted access to an Athlete’s data through an accepted coach-athlete relationship.

• Coach’s Portal means the coach-facing dashboard through which a Coach may view Athlete data shared under Section 9.

• Content means any information, data, text or images a user submits to the Service, including profile photos, uploaded files and support messages.

• DALI means Boltt’s proprietary injury risk indicator derived from training load and recovery signals.

• Daily Voltage Score or Voltage means the single daily CNS readiness metric produced by the Service.

• Managing Entity means a team, club, school, employer, organising body or other entity that manages or sponsors a user’s access to the Service.

• Subscription means any paid coach or organisational feature billed on a recurring basis through the Service or an app store.

3. Eligibility and Accounts

• Users must provide accurate account information and keep it up to date.

• Athlete accounts require email verification, phone verification, profile completion, profile photo upload, and health and fitness profile details.

• Coach accounts may require email verification and payment completion before accessing paid coach features.

• Users are responsible for maintaining the confidentiality of login credentials and for all activity under their account.

• You must notify us promptly if you become aware of any unauthorised use of your account or any breach of account security.

• You must not use another person’s account, impersonate another person, or select a username that infringes another person’s rights or is offensive.

• If a user is below the legal age to form a binding contract in their jurisdiction, use of the Service is permitted only with the consent and supervision of a parent, guardian, school, club or organisation with authority to consent. In that case the supervising adult is treated as the user under these Terms and is responsible for the account.

• We may refuse to offer the Service to any person or entity, and may change eligibility criteria, at our discretion.

4. Health, Fitness and Coaching Purpose

Boltt provides fitness, wellness, recovery, training-load, sleep and coaching support features built for power and explosive athletes. The Service may display metrics including sleep, heart rate, resting heart rate, heart rate variability, blood oxygen saturation, stress, DALI, and the Daily Voltage Score, together with associated trends and insights.

Medical Disclaimer

The Boltt Band and the Service are not a medical device. They are not intended to diagnose, prevent, monitor, treat or alleviate any disease, injury, medical condition or handicap, and are not a substitute for professional medical care.

Scores, alerts, trends and recommendations produced by the Service, including the Daily Voltage Score and DALI, are informational indicators oriented to fitness and wellness. They are not clinical conclusions or diagnoses.

Use of the Service, or communication with us by any means, does not create a doctor-patient relationship or any other clinical care relationship.

You should consult a qualified and licensed healthcare professional before beginning or changing any training, diet or exercise program, and before acting on symptoms, pain, illness, abnormal readings or any other health concern. You should never disregard or delay seeking professional medical advice because of anything presented in the Service.

The Service is not intended for use in emergencies or life-threatening situations. If you believe you are experiencing a medical emergency, contact emergency services immediately. In Australia, call 000.

You acknowledge that training and athletic activity carry inherent risks of injury, and that you voluntarily assume those risks. Nothing in this Section limits any rights you have under the Australian Consumer Law as described in Section 18.

5. Fitness and Training Content

The Service may present training recommendations, readiness guidance, recovery suggestions, educational material and other content intended to help you pursue performance and wellbeing goals.

Boltt is not a healthcare provider, physiotherapist, strength and conditioning coach, dietitian or personal trainer. Content presented through the Service, including content that appears personalised to you, may not be appropriate for your circumstances, training history, injury status or medical situation.

You are responsible for exercising your own judgement, and for consulting your own coach, medical practitioner or allied health professional, before acting on anything the Service presents. We do not guarantee any training, performance, recovery, body composition or health outcome from use of the Service.

6. Data Accuracy and Wearable Limitations

• Metrics depend on user input, device availability, sensor quality, sync timing, permissions, algorithms and backend calculation rules.

• Readings may be incomplete, delayed, estimated, rounded or unavailable, and may be affected by device placement, band tension, firmware version, battery level, connectivity, skin characteristics, motion artefacts, ambient conditions or user behaviour.

• Derived scores including DALI and the Daily Voltage Score are algorithmic indicators. They express modelled estimates of CNS Readiness and injury risk, not measurements of a clinical state.

• We do not guarantee that data will be captured, synced, stored or retained without interruption or loss. You should not treat the Service as a system of record for information you cannot afford to lose.

• The Service must not be relied upon for emergencies, diagnosis, treatment, medication decisions or continuous medical monitoring.

7. Wearing the Boltt Band

The Boltt Band is designed for extended wear, including during sleep and training. Prolonged contact between any wearable device and the skin can cause irritation in some people.

SKIN CONTACT AND SENSITIVITY

Some users may experience skin reactions, including contact dermatitis, from wearing the Boltt Band. Contributing factors can include prolonged wear, existing allergies or eczema, wearing the band too tightly, moisture and sweat, residual soap or sanitiser trapped under the sensor, and other environmental irritants.

Remove the band periodically and check the skin underneath. Keep the band and your skin clean and dry, and rotate the wear position where practical. If you experience redness, swelling, itching or any other discomfort, remove the band from that position immediately. If symptoms persist or recur for more than two to three days, consult a medical practitioner before resuming wear.

Wearing the band very loosely may reduce the likelihood of irritation but will also degrade signal quality and therefore the reliability of derived metrics. Care, cleaning and band tension guidance is available through the Boltt Band app and our support materials.

Warranty coverage for the physical device is set out in the Boltt Product Warranty, and is not affected by this Section.

8. Algorithmic and AI-Derived Outputs

The Service uses proprietary algorithms, statistical models and, in some features, machine learning or artificial intelligence to generate scores, insights, summaries and recommendations (Outputs). This includes the Daily Voltage Score and DALI.

You acknowledge that Outputs have inherent limitations. In particular, Outputs:

• may contain errors, may be incomplete, and are not guaranteed to be accurate or reliable;

• are derived from the data available to the model, and will be degraded by missing, low-quality or unrepresentative input data;

• may not correspond to your individual physiology, training context or medical circumstances;

• are not produced or reviewed by a clinician, and are not medical, diagnostic or prescriptive advice; and

• where generative models are used, may produce plausible but incorrect content.

Outputs are provided as a decision-support tool only. You are responsible for applying independent judgement, and for consulting an appropriately qualified professional, before relying on any Output. To the maximum extent permitted by law, and subject to Section 18, we are not liable for decisions made in reliance on Outputs.

9. Athlete Permissions, Coaches and Managing Entities

Athletes may receive coach invitations, and may accept, reject, remove or manage coach relationships at any time. When an Athlete accepts a coach relationship, selected Athlete data becomes visible to that Coach through the Coach’s Portal, based on the Athlete’s sharing permissions.

The Daily Voltage Score is the mandatory shared metric for any accepted coach relationship. Additional sharing categories may include DALI, heart rate variability, sleep metrics and resting heart rate variance. Athletes should review these settings before sharing data with a Coach.

Coaches may use Athlete data only to provide legitimate coaching, training, fitness, wellness, support or team-management services. Coaches must not misuse, sell, publish or disclose Athlete data outside the permitted coaching relationship.

Managing Entities

If your use of the Service is arranged, sponsored or managed by a Managing Entity, your data may be shared with that entity as described in our Privacy Policy and in the sharing settings presented to you. By accepting such an arrangement, you consent to that sharing.

A Managing Entity is a separate party. We are not responsible for how a Managing Entity or an individual Coach uses, retains or discloses data once it has been shared with them under permissions you have granted. Any dispute about that use is between you and that party, although we will assist where we reasonably can.

Athletes may withdraw sharing permissions at any time. Withdrawal is prospective. It does not retrieve data already viewed, exported or recorded by a Coach or Managing Entity before withdrawal.

10. Acceptable Use

• Do not submit false, misleading, unlawful, harmful or unauthorised information.

• Do not attempt to access another user’s account, health data, coach data, payment data or backend systems without authorisation.

• Except as permitted by the Copyright Act 1968 (Cth), do not reverse engineer, decompile, scrape, harvest, overload, interfere with or bypass app, API, security, rate-limit or permission controls.

• Do not circumvent or attempt to circumvent payment, subscription or coach-access controls.

• Do not use the Service for medical emergencies, clinical diagnosis, patient monitoring or other regulated medical use unless separately authorised in writing and legally compliant.

• Do not use Athlete or Coach data for advertising, credit decisions, employment decisions, team selection outside a legitimate coaching relationship, insurance underwriting, data brokerage or other unrelated purposes.

• Do not resell, sublicence, rent or commercially exploit the Service without our prior written consent.

• Do not upload content that infringes rights, contains malware, or violates law or platform policies.

If you breach this Section, your permission to access and use the Service may be suspended or terminated in accordance with Section 15.

11. User Content and Intellectual Property

Your content

You retain ownership of Content you submit, such as your profile photo, uploaded files and support messages. You grant us a licence to host, process, calculate, display, share according to your sharing settings, troubleshoot, secure and improve the Service using that Content.

You represent that you have the necessary rights to submit your Content, that it does not infringe any third party’s rights, and that you have the consent of any identifiable person appearing in it.

Aggregated and de-identified data

We may use data relating to the performance and use of the Service, including data derived from Athlete data, in aggregated and de-identified form to operate, secure, diagnose, improve and develop the Service and its algorithms. Aggregated and de-identified data does not identify you and is not shared as personal information. Our handling of personal information is governed by the Privacy Policy and the Privacy Act 1988 (Cth).

Feedback

If you send us suggestions, comments, ideas or recommendations about the Service (Feedback), you grant us a non-exclusive, royalty-free, perpetual licence to use that Feedback to improve our products, services and marketing materials. Attribution is not required unless agreed in writing. Providing Feedback does not transfer ownership of, or limit your right to continue using, your own intellectual property or proprietary methods.

Reporting infringement

If you believe Content on the Service infringes your intellectual property rights, contact info@bolttband.com with a description of the work, the allegedly infringing material and its location, and your contact details. We will review the report and respond in accordance with applicable law. We may remove infringing content and terminate access for repeat infringers.

Our intellectual property

The app, backend, design, algorithms, names, trademarks, content, software, APIs, databases and documentation are owned by Boltt Pty Ltd or its licensors. This includes the Boltt Band, Daily Voltage Score, DALI and Coach’s Portal names and marks. Users receive a limited, revocable, non-transferable, non-sublicensable right to use the Service in accordance with these Terms, for personal or permitted coaching use only.

12. Pricing, Payments and Coach Subscriptions

Athlete access

Athlete access to the Boltt Band app and the Daily Voltage Score is included with the purchase of a Boltt Band on a one-time fee basis. Boltt does not charge Athletes a recurring subscription fee for core Athlete features. If we introduce any optional paid Athlete feature in future, its pricing and terms will be disclosed before purchase and will not alter access to features included with your original purchase.

Coach and organisational subscriptions

Some Coach and organisational features, including the Coach’s Portal, may require payment. Payments may be processed through Stripe or another payment processor, and that processor’s terms and privacy practices apply to payment handling. We are not responsible for errors made by a payment processor, although we will correct billing errors we identify.

Coach access may be restricted until payment is verified. Subscriptions renew automatically at the then-current price unless cancelled before the renewal date. We will give notice of any price change before it takes effect, and you may cancel before the change applies. Cancellation, fees, taxes, refunds and renewal terms are shown at checkout or in the applicable app store or payment flow, and are governed by that store’s or processor’s policies to the extent required by law.

Where you subscribe through an app store, cancellation and refunds may need to be managed through that store rather than directly with us.

13. Returns, Cancellations and Refunds

Your rights to a repair, replacement or refund for the Boltt Band and for the Service are set out in the Boltt Terms of Sale, the Boltt Product Warranty and the Australian Consumer Law. Nothing in this Section limits those rights.

• Cancelling a Coach Subscription stops future renewals. Access continues until the end of the then-current billing period.

• Where a refund is not required under the Australian Consumer Law, refunds for partial subscription periods are at our discretion and will be calculated pro-rata where a service has been partially delivered.

• If we materially reduce or discontinue a paid feature you have prepaid for, you may cancel the affected service and request a pro-rata refund of the unused prepaid amount by contacting us within 30 days of the change.

• If we terminate your access without cause under Section 15, we will refund the unused prepaid portion of any Subscription.

14. Notifications and Communications

The Service may send one-time passcodes, account messages, invite notifications, coach-athlete updates, readiness and recovery notifications, security messages, payment messages and operational push notifications.

By creating an account, you consent to receive these communications electronically, and agree that electronic delivery satisfies any legal requirement that such communications be in writing. You are responsible for keeping a valid, current email address and phone number on file. Where an address you provide is invalid, our dispatch of a notice to that address still constitutes effective notice.

You can manage push permissions through your device settings, although disabling notifications may affect some workflows. Marketing communications are handled separately and can be unsubscribed from at any time, in accordance with the Spam Act 2003 (Cth).

15. Account Suspension, Hiding and Deletion

• We may suspend, restrict, hide, deactivate or delete accounts that violate these Terms, create risk, abuse the Service, or are required to be removed by law or platform policy.

• We may also terminate access without cause on reasonable notice, in which case Section 13 applies to any prepaid amounts.

• Athletes may hide their account where supported. Hidden status may limit Coach visibility but is not the same as permanent deletion.

• Athletes may request permanent account deletion by contacting the Boltt team through custom service channels.

• Permanent deletion is intended to remove associated user data, except limited records retained for security, legal, accounting, fraud prevention, dispute, backup or compliance reasons.

• You may request a copy of your data before deletion. Once deletion is complete, historical data cannot be recovered.

16. Third-Party Services

The Service relies on third-party providers. Those providers operate under their own terms and privacy practices. We are not responsible for content, products or services provided by third parties, and linking to or integrating with a third party is not an endorsement.

17. Disclaimers

This Section is subject to Section 18. Nothing here excludes, restricts or modifies any guarantee, right or remedy that cannot be excluded under the Australian Consumer Law.

• To the maximum extent permitted by law, the Service is provided on an as is and as available basis.

• We do not guarantee uninterrupted availability, error-free operation, perfect sensor accuracy, or that all synced data will be available at all times.

• We do not guarantee any training, health, wellness, performance, recovery, safety or medical outcome.

• We do not warrant that the Service is free from viruses or other harmful components, although we take reasonable steps to protect it.

• We do not endorse or accept responsibility for content, recommendations or data supplied by other users, Coaches, Managing Entities or third-party services.

• Users are responsible for exercising judgement and seeking professional advice where appropriate.

18. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. These consumer guarantees operate in addition to, and are not limited by, anything in these Terms.

For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

For goods, including the Boltt Band, you are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. Further detail is set out in the Boltt Terms of Sale and the Boltt Product Warranty.

Where a guarantee applies and the failure is not a major failure, our liability is limited, to the extent permitted by the Australian Consumer Law, to resupplying the service or paying the cost of resupply.

Our handling of personal information, including health information, is governed by the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and is described in our Privacy Policy.

19. Indemnification

To the maximum extent permitted by law, you agree to indemnify and hold harmless Boltt Pty Ltd and its officers, employees, contractors and licensors from claims, damages, losses and expenses (including reasonable legal fees) arising from your misuse of the Service, your breach of these Terms, your Content, or your violation of any third party’s rights or applicable law.

This indemnity does not apply to the extent a claim arises from our own negligence, wilful misconduct or breach of these Terms, and does not apply to liability that cannot be excluded under the Australian Consumer Law.

We will notify you of any claim to which this indemnity applies and will not settle it without your consent, which must not be unreasonably withheld.

20. Limitation of Liability

This Section is subject to Section 18 and does not limit liability that cannot be limited under applicable law.

To the maximum extent permitted by law, Boltt Pty Ltd and its affiliates, officers, employees, contractors, vendors and licensors will not be liable for indirect, incidental, special or consequential loss, or for loss of data, revenue, profit, goodwill, health outcomes, athletic performance, selection opportunity or business opportunity.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms or the Service is limited to the greater of the amount you paid to us in the twelve months preceding the event giving rise to the liability, or one hundred Australian dollars.

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

21. Dispute Resolution and Governing Law

These Terms are governed by the laws of Western Australia, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and courts entitled to hear appeals from them.

Raising a dispute

If a dispute arises, we ask that you contact us first at [privacy and contact email] so we can try to resolve it directly. Most issues can be resolved quickly this way.

A party claiming a dispute has arisen must give written notice to the other party setting out the nature of the dispute, the outcome sought and the action required to resolve it.

Negotiation and mediation

• Within 28 days of the notice, the parties must endeavour in good faith to resolve the dispute by negotiation.

• If the dispute is not resolved within 28 days of the notice, the parties must agree on a mediator, or request that a mediator be appointed by the President of the Small Business Development Corporation (SBDC) of Western Australia or their nominee.

• The parties share the mediator’s fees and the cost of the venue equally, and each pays its own costs of the mediation.

• Mediation will be held in Perth, Western Australia, or by remote conference where the parties agree.

• If two months have elapsed after the start of a mediation and the dispute has not been resolved, either party may ask the mediator to terminate the mediation.

Confidentiality and urgent relief

Communications made in the course of negotiation or mediation under this Section are confidential and are to be treated as without prejudice to the extent possible under applicable rules of evidence.

Nothing in this Section prevents a party from seeking urgent interlocutory relief from a court, including where the dispute involves intellectual property infringement, breach of confidentiality, or a data security incident.

Nothing in this Section limits your right to make a complaint to a regulator, including the Office of the Australian Information Commissioner or the Australian Competition and Consumer Commission, or to pursue any right you have under the Australian Consumer Law.

22. Changes to the Service or Terms

We may update the app, backend, algorithms, features, permissions, supported devices, prices or these Terms. We may make changes without notice where required to comply with law, to address a security threat, or to make technical improvements that do not materially reduce the Service.

Where a change to these Terms is material, we will give at least 30 days’ notice through the app, website, store listing, email or another appropriate channel before it takes effect. Continued use after the change takes effect means acceptance, where permitted by law.

If you do not accept a material change, you may stop using the Service and, where you have prepaid for a Subscription affected by the change, request a pro-rata refund of the unused portion under Section 13.

23. General Provisions

• Entire agreement — these Terms, the Privacy Policy, the Terms of Sale and the Product Warranty are the entire agreement between you and us regarding the Service, superseding prior agreements on the same subject.

• Precedence — where there is inconsistency between documents, the following order applies, from highest to lowest: these Terms; Terms of Sale; Product Warranty; Privacy Policy. The Privacy Policy prevails for data handling matters.

• Severability — if any provision is found unenforceable, it is severed and the remaining provisions remain in full effect.

• No waiver — failure to enforce a provision is not a waiver of the right to enforce it later. A waiver is effective only in writing.

• Assignment — we may assign these Terms in connection with a merger, acquisition or sale of assets. You may not assign these Terms without our consent, which must not be unreasonably withheld.

• Force majeure — neither party is liable for delays or failures caused by events beyond its reasonable control, including natural events, government action, industrial action, fire, flood, storm, power or network failure, pandemic, war or sabotage.

• Notices — we may provide notices required under these Terms through the app, email or another channel described in Section 14.

• Survival — provisions that by their nature should survive termination will survive, including those relating to intellectual property, confidentiality, disclaimers, indemnities, limitation of liability and dispute resolution.

• Language — these Terms are drawn up in English, and the English version governs.

24. Apple App Store Additional Terms

If you access the Service through Apple’s App Store, the following additional terms apply between you and Boltt Pty Ltd, and not Apple:

• This licence is limited to non-transferable use on Apple-branded devices you own or control, consistent with the App Store’s usage rules.

• Apple has no obligation to provide maintenance or support for the Service.

• In the event of any failure to conform to a warranty, you may notify Apple, and Apple will refund the purchase price where applicable. To the maximum extent permitted by law, Apple has no other warranty obligation.

• Apple is not responsible for addressing any claims relating to the Service or your possession or use of it, including product liability, legal compliance or consumer protection claims.

• Apple is not responsible for the investigation, defence, settlement or discharge of any third-party intellectual property infringement claim related to the Service.

• You represent that you are not located in a country subject to a United States government embargo and are not on any United States government list of prohibited or restricted parties.

• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

25. Contact

Company: Boltt Pty Ltd (ACN 688 767 062)

Address: 184a Balcatta Road, Balcatta 6021

Contact: info@bolttband.com

Terms URL: https://bolttband.com/pages/terms-of-use

Privacy URL: https://bolttband.com/policies/privacy-policy