1 October 2026

Terms, version terms-v4

These terms are between you and Adrian Kumar, trading as OwnBrand Fitness, an Australian business (support@ownbrandfitness.com). They become the contract when checkout links to this version.

What you buy

A setup service and a monthly service for one iPhone app. The setup fee is US$499, paid when you order. The monthly fee starts only once your app is live on the App Store, not at payment, TestFlight, or the start of Apple’s review.

The monthly fee is US$349, including up to 100 active paying subscribers in your app. Each further active paying subscriber adds US$1 a month. Free members are not charged. An active paying subscriber is a subscription in this app that is active, priced above zero, and the primary paid subscription. Every price on the price page and in these terms is the final amount you pay: no tax is added at checkout, wherever you are. I am not registered for GST and do not collect other countries’ consumption taxes; the price is inclusive of any tax I am liable for.

Included in the setup: one brand, one app, and up to two programs from what you already have, for example a starter and an advanced version, each up to 12 weeks, with up to 100 unique exercises between them, in a structured form I can work from. A larger library is priced before we agree, not after I start. I prepare those programs, apply your brand, configure membership on your Apple account, prepare listing assets, test the launch, and help you submit. One correction round is included. A defect against the agreed scope is fixed even after that round. “From what you have” means accepted formats, not unlimited transcription. There is no Android app.

You need an Apple Developer account. Apple charges its own annual fee, US$99 a year at the time of writing, paid directly to Apple. You do not need the account before you pay. I help afterwards. I do not promise that every account type will pass the signing steps. If I cannot build the app, including on a route I have not proven, the setup fee is refunded in full. Your Apple membership, and content you commission from someone else, are your costs.

You receive your compiled app, your listing and your content. I keep the platform source code and license it for as long as the monthly service runs. Your subscribers pay you through Apple. Apple takes its commission and applicable taxes, then pays the rest to your account.

The offer you accepted, including this price, these terms and this allowance, is stored on the order. A later change to this page does not change an order already placed.

Prices are in US dollars. The price you see is the final amount wherever you are: OwnBrand Fitness is not registered for GST, does not collect other countries’ consumption taxes, and the price is inclusive of any tax I am liable for. Any tax that applies to you in your own country is yours to handle.

If the work waits on you

If I need a specific action from you before your app is live on the App Store, I will explain it by email. Days waiting on Apple or me do not count. After 60 days without that action, I may pause the work. I will send two reminders and give at least 14 days’ final notice before closing the order. You can reply to agree more time. Pausing does not start monthly billing. If we close the order, I will explain the work completed and the refund calculation. Your refund will be at least the amount promised for your delivery stage. If I cannot build your app, the setup fee is refunded in full. Nothing here limits your rights under the Australian Consumer Law.

Billing and the subscriber count

Every month is US$349 unless your app has more than 100 active paying subscribers. From your first renewal I check your app’s subscriber report each month, using the read access you give me during setup. If the count is above 100, I email you the recorded count and the total before the charge, and that email is what I bill. If no such email has reached you before a charge, that charge is US$349. Nothing is estimated and nothing is billed from a report you have not seen.

You have 30 days after a charge to say the amount was wrong. I will correct up to two billing periods. That limit does not reduce a right under the Australian Consumer Law.

I attempt the first monthly charge to the card saved at checkout after I confirm members can download your app from the App Store. I record the billing start date on your order and do not backdate it. Live means members can download the app in the agreed launch countries. If your bank asks you to confirm a monthly payment, or the charge does not go through, I email you a link to pay.

For each unpaid monthly payment, service continues for seven days from the first recovery email I successfully send about it. Later reminders and replacing an expired first subscription do not restart those seven days. If it remains unpaid, service pauses until payment is resolved. While paused, members keep the app already installed. I do not delete their accounts because a charge failed.

If the first unpaid subscription has expired, I restart monthly billing when you return. The replacement month starts when I create it, with its dates shown on your invoice. I do not charge for the earlier recovery days.

Refunds

Full refund of the setup fee any time before I start building, and if I cannot build the app. Agreeing the details is not the start. The build starts when I begin the agreed work, and you see that note on the order. A refund request recorded before that note, including an email to support@ownbrandfitness.com at the time I receive it, is a full refund of the setup fee.

After the build has started, half of the setup fee (US$249.50) is refundable until I deliver your first test build to you. For a change of mind, the setup fee is not refundable after I deliver your first test build. My full-refund promise if I cannot build your app and your rights under the Australian Consumer Law still apply. Defects against the agreed scope are fixed regardless.

Nothing here limits the Australian Consumer Law.

A payment I am still checking is not called held unless that is what the bank reports. The words you see are: “Payment received. Adrian is checking this and will contact you by [date].” I do not start the build while that is open.

Cancellation and what continues

Cancel any time. The monthly service ends at the end of the period you have paid for. Cancelling does not cancel what your members have already paid you through Apple.

New versions under this licence stop 90 days after the last day of monthly service. You keep your Apple listing, your Apple account, and an export of your content. Apps already installed keep working. They do not keep receiving my updates after that. Apple’s own rules on removing an app still apply. Ninety days is not a promise that covers every period a member has already paid you for.

Where members were sold a period that includes these AI features, I keep the included allowance available for at least 60 days of that wind-down. Member subscriptions that run past the wind-down, including annual memberships you chose to offer, are your responsibility to your members under Apple’s rules for a discontinued app; I recommend offering monthly memberships only until your app has been live for a year.

What you supply

You warrant that you own, or are licensed to use, the programs, names and images you give me. You do not send me your clients’ health records, or photos of your clients. You keep your rights. You license me to use what you supply to prepare, host and update the app while the service runs, and to keep a copy through the wind-down.

What I do not promise

I do not promise that Apple will approve the app, a calendar date, or that an AI estimate is accurate. Estimates can be wrong. They are not medical advice and not a diagnosis. Apple’s own agreements apply to your developer account, your listing and your members’ purchases.

AI

Premium members can photograph a meal and get an estimate they can edit, and they can read insight reports from logged training and nutrition.

AI meal estimates and insight reports are included for your Premium members (your paying subscribers), within a fair monthly allowance. If your members’ use runs well above normal, I’ll contact you so we can agree what to do. I won’t switch AI off for heavy use without talking to you first. There is no pack to buy.

The AI features run through a third-party AI provider on OwnBrand’s account; I may change provider without changing what you get. I may temporarily pause AI where needed for security, misuse or a provider requirement. I will explain the reason and work to restore it. If I cannot restore a material part of the paid service within a reasonable time, I will offer an appropriate remedy. The rest of the app keeps working.

Data

What is stored, where, for how long, who sees it, and how you delete a saved workspace is at ownbrandfitness.com/privacy-workspace, and the website notice is at ownbrandfitness.com/privacy. An unpaid preview follows the retention on that page. After you pay, material you confirm is kept for the service and the wind-down.

Law

Governed by the law of South Australia. Australian consumer guarantees are not limited by these terms. Contact support@ownbrandfitness.com.