Terms of Service

SECTION 01Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User") and Throwha ("we", "us", "our"), operated by Lee O'Halloran (ABN 48 596 170 512), based in New South Wales, Australia.

By accessing or using the Throwha platform available at throwha.com and any associated applications or services (collectively, the "Platform"), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using the Platform on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

We may update these Terms from time to time. Continued use of the Platform after changes constitutes acceptance of the revised Terms. We will notify you of material changes via email or in-app notification.

SECTION 02Account Registration

To access the Platform you must create an account. You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information;
• Keep your password secure and not share it with third parties;
• Notify us immediately at enquiries@throwha.com if you suspect unauthorised access to your account;
• Be responsible for all activity that occurs under your account.

The Platform is not directed at children under the age of 13, and we do not knowingly permit users under 13 to create accounts. Users between 13 and 17 years of age may only create and use an account with the verified consent of a parent or legal guardian who accepts these Terms on the minor's behalf and assumes responsibility for the minor's use of the Platform.

We reserve the right to refuse registration or suspend accounts at our sole discretion.

SECTION 03Permitted Use

The Platform is designed to support throws athletes (shot put, discus, javelin, hammer) and their coaches with AI-assisted technique analysis, training logs, performance tracking, and coaching communications.

You may use the Platform solely for lawful, personal, non-commercial purposes consistent with these Terms. You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations;
• Reproduce, distribute, modify, or create derivative works of Platform content without our written consent;
• Attempt to reverse engineer, decompile, or extract the source code of any part of the Platform;
• Introduce viruses, malware, or any other harmful code;
• Use automated scripts, bots, or scraping tools to access the Platform;
• Harass, abuse, or harm other users;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Use the Platform in any way that could disable, overburden, or impair its proper functioning.

SECTION 04Coach and Athlete Roles

Athlete Accounts (Free)

Athlete accounts are provided free of charge. Athletes can log training sessions, upload video footage, receive AI-generated technique feedback, and manage their training data. Athletes retain full ownership of their personal data and training content (see Section 8).

Coach Accounts (Subscription)

Coach accounts require a paid subscription (see Section 9). Coaches can manage athlete groups, review athlete-shared training data, add coaching notes and cues, and access enhanced analytics features. Coaches may only access athlete data that has been explicitly shared with them by the athlete.

Coach–Athlete Relationships

Coaches are responsible for the accuracy and appropriateness of any coaching feedback, programmes, or instructions they provide through the Platform. Throwha does not supervise, verify, or endorse the qualifications or advice of any coach registered on the Platform. Athletes are encouraged to verify a coach's credentials independently before entering into a coaching relationship.

SECTION 05Data Sharing Between Coaches and Athletes

Athlete data sharing is athlete-controlled at all times. Specifically:

• Athletes must explicitly grant a coach access to their data before that coach can view any training logs, video, classification information, or session notes;
• Athletes may revoke coach access at any time from their account settings;
• Upon revocation, coaches lose access to the athlete's data immediately and may not retain or copy data previously accessed;
• Coaches must not share, sell, or otherwise distribute athlete data obtained through the Platform to any third party;
• We do not automatically share athlete data with coaches — sharing is initiated solely by the athlete.

SECTION 06Prohibited Conduct

In addition to the general use restrictions in Section 3, you specifically agree not to:

• Upload or transmit content that is defamatory, obscene, threatening, or discriminatory;
• Upload video or images of individuals without their consent;
• Upload content that infringes any third party's intellectual property rights;
• Use any AI coaching outputs from the Platform to make medical, physiotherapy, or health decisions without consulting a qualified professional;
• Misrepresent AI-generated coaching feedback as advice from a qualified human coach or medical professional;
• Attempt to manipulate, circumvent, or exploit AI coaching systems in ways that produce unsafe training recommendations.

SECTION 07AI-Generated Coaching — Important Disclaimer

AI Coaching Outputs are provided for informational and educational purposes only. They do not constitute:

• Professional athletic coaching advice from a qualified coach;
• Medical, physiotherapy, sports medicine, or health advice;
• A substitute for assessment by a qualified sports professional or medical practitioner.

Before making any changes to your training regime based on AI Coaching Outputs, you should consult a qualified coach, physiotherapist, sports medicine professional, or medical practitioner, as appropriate.

AI systems can make errors. Outputs may be incomplete, inaccurate, or inappropriate for your individual circumstances. Throwha makes no warranty regarding the accuracy, suitability, or safety of any AI Coaching Output.

To the maximum extent permitted by law, Throwha accepts no liability for any injury, harm, loss, or damage arising from your use of or reliance on AI Coaching Outputs. See our Liability Disclaimer for full details.

SECTION 08Intellectual Property

Throwha's Intellectual Property

The Platform, including its design, software, algorithms, AI systems, branding, logos, and all content created by Throwha, is owned by or licensed to Throwha. All rights are reserved. You may not use, copy, or distribute any part of the Platform without our prior written consent.

Your Content and Data

Athletes own their personal data and training content uploaded to the Platform, including training session logs, video footage, technique notes, and personal information ("User Content"). We do not claim ownership of your User Content.

By uploading User Content, you grant Throwha a limited, non-exclusive, royalty-free licence to store, process, and display your User Content solely for the purpose of operating and improving the Platform and providing the services to you. We will not use your User Content for any other purpose without your explicit consent.

You represent that you have all rights necessary to upload your User Content and that doing so does not infringe any third party's rights.

SECTION 09Subscription and Payment Terms (Coaches)

Coach accounts require a paid subscription. Athlete accounts are, and will remain, free of charge. Current pricing is displayed on the Platform at the time of subscription and is set out below.

Operational terms

• Billing: Subscriptions are billed monthly or annually, as selected at checkout. Payments are processed securely via our third-party payment provider.
• Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
• Cancellation: You may cancel your subscription at any time via your account settings. Access continues until the end of the current billing period. No refund is provided for unused time within a billing period unless otherwise required by law.
• Price changes: We will provide at least 30 days' notice of any price changes. Continued use after the change takes effect constitutes acceptance.
• Taxes: All prices displayed on the Platform are in Australian Dollars (AUD). Where Throwha is registered for GST, displayed prices are inclusive of GST and a tax invoice will be issued at the point of sale. Where Throwha is not yet registered for GST (i.e., turnover below the Australian Tax Office threshold), no GST is charged on coach subscriptions, and this will be clearly indicated on the tax invoice.
• Failed payments: If a payment fails, we may suspend your account until payment is resolved. We will notify you via email.

SECTION 10Termination

By you

You may close your account at any time by contacting us at enquiries@throwha.com or using the account deletion option in your settings. Upon closure:

• Your personal data will be deleted within 30 days in accordance with our Privacy Policy, except where we are required to retain specific records by law (for example, financial records retained for 7 years for tax purposes);
• Deleted data may persist in encrypted backups for up to 90 days before being fully purged;
• Training logs, video footage, and coaching content associated with your account will be deleted on the same timeline.

By us

We may suspend or terminate your account immediately, without notice, if we reasonably believe you have breached these Terms, engaged in fraudulent activity, or if required to do so by law. We may also terminate accounts with 30 days' notice for operational or business reasons.

Upon termination

(a) your right to use the Platform ceases immediately; (b) we will handle your data in accordance with our Privacy Policy and applicable law; (c) provisions of these Terms that by their nature should survive termination — including intellectual property, limitation of liability, governing law, and dispute resolution — will continue to apply.

SECTION 11Limitation of Liability

To the maximum extent permitted by applicable law:

• The Platform is provided on an "as is" and "as available" basis without warranties of any kind, express or implied;
• Throwha does not warrant that the Platform will be uninterrupted, error-free, or free of harmful components;
• Throwha's total aggregate liability to you for any claims arising from or relating to these Terms or your use of the Platform shall not exceed the greater of: (a) the total amount paid by you to Throwha in the three months preceding the claim, or (b) AUD $100;
• Throwha is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, personal injury, or property damage arising from your use of the Platform.

SECTION 12Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia for any disputes arising from or relating to these Terms or your use of the Platform.

SECTION 13Dispute Resolution

We encourage you to contact us first at enquiries@throwha.com to resolve any dispute informally. We will make reasonable efforts to resolve any complaint within 30 days.

If a dispute cannot be resolved informally, the parties agree to attempt mediation through a mutually agreed mediator before commencing litigation. The costs of mediation are shared equally unless the mediator determines otherwise.

Nothing in this clause prevents either party from seeking urgent injunctive or other interim relief from a court.

SECTION 14Modifications to These Terms

We may modify these Terms at any time. For material changes, we will provide at least 14 days' advance notice by email to your registered address and/or via a prominent notice on the Platform. Changes take effect on the date specified in the notice.

Your continued use of the Platform after the effective date of any change constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and may close your account.

SECTION 15General

• Entire agreement: These Terms and the Privacy Policy constitute the entire agreement between you and Throwha regarding the Platform and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
• No waiver: Failure to enforce any provision does not constitute a waiver of our right to enforce it later.
• Assignment: You may not assign your rights or obligations under these Terms without our consent. We may assign our rights to a successor or affiliate.
• Contact: For questions about these Terms, contact us at enquiries@throwha.com.