Terms of Service
Last updated 12 August 2026
This is what you are buying, what it costs, how to leave, and what we do and do not promise. We have tried to write it so you can actually read it, because terms nobody reads protect nobody.
If anything here is unclear or seems unfair, tell us before you sign up rather than after. We would rather fix the wording than argue about it later.
1. Who you are contracting with
NxsTech Performance is the coaching side of NxsTech, a business name registered with ASIC on 29 June 2026. The entity you are contracting with is the trustee for The JP and BS Kerkman Family Trust, ABN 63 706 750 855. The trustee is Kerkman Pty Ltd, ACN 134 370 540.
Contact: performance@nxstech.net, or PO Box 1093, Aldinga Beach SA 5173.
2. This is coaching, not medical care
NxsTech Performance provides fitness and performance coaching. It is not a medical service and it does not replace advice from your doctor, physiotherapist or dietitian.
If you have an injury, a medical condition, or you take medication, talk to your doctor before starting and keep them in the loop. If you are new to training, returning after a long break, or over 40, that conversation is worth having even if you feel fine.
Where a plan mentions blood work, that means reviewing pathology results you have arranged yourself through your own GP. We do not order pathology, we do not bill for it, and we do not diagnose anything.
Stop and seek medical advice if something hurts in a way that training should not. Tell your coach as well, but tell a doctor first.
You are responsible for telling us about anything that affects what is safe for you, and for keeping that up to date. We build around what you tell us, and we cannot account for what we do not know.
3. Who can join
You need to be at least 18 years old and able to enter a contract. We do not coach under 18s.
4. What you get
Plans are weekly and each one sets out what it includes on the pricing page and in the full comparison. In broad terms a membership gives you a programme built for you, a tracker where your plan and your data live, and written feedback from your coach at the cadence your plan sets.
Your first week is a baseline week
Your programme and meal plan are not written on day one, and this is deliberate. In your first week you get your tracker, you connect what you are going to connect, and you log your food and movement as you normally would. Your plan is then built from what you actually do rather than from assumptions, and it lands at the end of that week.
So if you are looking for a plan in your inbox within the hour, we are not that. The wait is the method.
Your plan lives in the app
Programmes and meal plans stay inside your tracker. We do not email them, export them as PDFs, or send them as attachments. While you are a member you can read them any time from any device. When your membership ends, so does access to them.
We are telling you this plainly because it is a real limitation and you should know it before you join, not discover it when you leave.
AI is part of how this works, and it is not optional
Your data is analysed by AI, and your programme, meal plan and feedback are produced with it, then reviewed by a human coach before they reach you. That is how the service works rather than a feature bolted onto it, and agreeing to it is a condition of membership. If you are not comfortable with that, this is not the right service for you.
What that means for your information is set out in our Privacy Policy.
5. What we do not promise
We do not promise a particular result, a rate of progress, a weight, or a body composition. Results depend on your training history, your health, your circumstances and your consistency, and most of those are yours rather than ours.
What we do promise is that your plan is built for you from your own data, that a qualified human reviews what reaches you, and that we will tell you honestly when something is not working rather than letting it run.
6. Prices and billing
All prices are in Australian dollars and include GST.
You are charged weekly. There is no upfront lump sum on any plan. Your first payment is taken when you sign up and then weekly from that date until you cancel.
Payments are handled by Stripe. We never see or store your card details.
Committed terms
You can join with no commitment, or commit to 6 or 12 months for a lower weekly rate. A commitment is not upfront billing: you still pay weekly, just less per week.
Founding rates
Founding places are limited and the number remaining is shown on the pricing page. If you join on a founding rate, that rate is locked for as long as your membership continues. It does not rise while you stay. If you cancel and rejoin later, you rejoin at whatever rate is current then.
If prices change
We will give you at least 30 days notice in writing before any price change affecting you, and you can cancel before it takes effect. A founding rate is not changed at all while you stay.
7. Changing your mind, and leaving
The first seven days are free
Cancel within seven days of signing up and you pay nothing, on any plan and any commitment. That is in addition to your rights under Australian Consumer Law, not instead of them.
After that, on a no-commitment plan
Cancel whenever you like. No notice period and no exit fee. Billing stops at the end of the week you have already paid for. "No commitment" means what it says.
After that, on a 6 or 12 month commitment
You repay the discount you have received, and nothing else. You took a lower weekly rate in exchange for committing, so if the commitment ends early you pay back the difference between what you paid and the no-commitment rate, for the weeks you were with us.
No penalty on top. No percentage of the remaining term. No fee invented to make leaving hurt. As an example, ten weeks into Performance at the 6-month rate, that is $25.00.
Refunds
Inside seven days, you pay nothing. After that there is no refund for changing your mind, because you have had the coaching for the weeks you paid for. None of that limits your rights under Australian Consumer Law.
How to cancel
Tell your coach, or email performance@nxstech.net. No phone call, no retention pitch. We confirm the date back to you in writing.
8. Taking a break instead of leaving
If you need to stop for a while, a holiday, surgery, illness, a work crunch, a new baby, or a month where money is tight, you can move to Bridge rather than cancel. It is a members-only hold: your dashboard stays live, your history stays intact, you log whatever is realistic, and a coach checks in monthly.
The point is that the thread does not break, so when you come back you restart from where you are rather than from scratch. Ask your coach and they will move you.
If you are on a 6 or 12 month commitment, moving to Bridge pauses it rather than ending it. The weeks you spend on Bridge do not count toward your term, and they do not trigger the discount repayment either. Your commitment picks up where it left off when you come back, at the rate you committed to.
That is the only answer consistent with what Bridge is for. Charging someone an exit fee for having surgery would make the hold pointless.
9. Your account
Your login is yours. Do not share it, and tell us straight away if you think someone else has access.
What is in your tracker is for you. Please do not redistribute or resell your programme or meal plan. They are written for your body, your equipment and your circumstances, and they are not safe advice for someone else.
We keep the intellectual property in the programmes, plans and materials we produce. You get to use them for yourself for as long as you are a member.
10. When we might end it
We can suspend or end a membership if a payment fails and is not resolved, if the account is shared or misused, or if someone is abusive to a coach.
We may also end a membership if we believe continuing would not be safe or right for you, for example if something you have told us needs medical clearance we do not have. If we end it for that reason you pay nothing further, and any clawback on a committed term is waived.
11. Changes to these terms
If we change these terms in a way that materially affects you, we will tell you directly and give you at least 30 days before it applies, and you can cancel in the meantime. Minor corrections and clarifications will just be updated here with a new date at the top.
12. Your rights under Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law where it cannot lawfully be excluded.
Our services come with guarantees that cannot be excluded, including that they will be provided with due care and skill and be fit for the purpose we describe. If we fail to meet a consumer guarantee you may be entitled to a remedy, and where a failure is major you may cancel and seek a refund for the unused part.
13. Complaints
Tell us first, at performance@nxstech.net. We will acknowledge within 5 business days and reply properly within 30 days.
If that does not resolve it you can contact consumer protection in your state. In South Australia that is Consumer and Business Services.
14. Governing law
These terms are governed by the laws of South Australia.