Evenstride terms

These terms apply when you use the Evenstride app. Please read them with the Evenstride Privacy Policy, which explains how we handle your information.

1. Who we are

Evenstride is made by Sunset Bytes Pty Ltd (ABN 92 699 875 128) of Level 1, 63–73 Ann Street, Surry Hills NSW 2010, Australia (“Sunset Bytes”, “we”, “us”). Contact us at support@sunsetbytes.com.au.

By using Evenstride you agree to these terms. If you don’t agree, please don’t use it.

If you downloaded Evenstride from Apple’s App Store, Apple’s Licensed Application End User Licence Agreement also applies. If you got it from Google Play, Google Play’s terms apply to the download. If anything in those conflicts with these terms, these terms apply between you and us to the extent the store’s terms allow. Apple and Google aren’t responsible for Evenstride or for supporting it.

2. Who can use Evenstride

• You must be 13 or older.
• If you’re under 18, you should have a parent or guardian’s permission to sign in or join a coach. People under 18 get maintenance energy targets only.
• Coaching features are for gyms, trainers and coaches using Evenstride with their clients, and the clients they invite.

3. Your account

You don’t need an account to use Evenstride for yourself. You need one to back up your data, start a business or join one. Keep your sign-in details safe, use your own email address, and tell us if you think someone else has used your account. You’re responsible for what happens on your account unless it wasn’t your fault.

4. Free, with ads

Evenstride is free and shows ads from Google AdMob. We don’t put ads on the workout screen, and we never give your health, fitness or food information to advertisers. Rewarded ads are optional. There are no in-app purchases.

5. Health information, not medical advice

Evenstride gives general information about fitness and nutrition. It is not medical advice and isn’t a substitute for a doctor, dietitian or other health professional. It doesn’t diagnose, treat or prevent any condition.

• Its targets are estimates from standard formulas and what you log, kept within safety limits. They may not suit you.
• Check with your GP before starting a new diet or exercise program, especially if you’re pregnant or breastfeeding, have a medical condition or injury, take medication, or are returning to exercise after a long break.
• Exercise and changing how you eat carry risks, including injury. Stop and seek medical help if you feel pain, dizziness, chest discomfort or shortness of breath.
• Nutrition information, including from Open Food Facts, can be wrong or incomplete. Check labels if it matters, for example for allergies.

If food, weight or exercise is becoming hard for you

Tracking isn’t right for everyone. If you’re worried about your eating, your body image, or how much you’re exercising, please consider taking a break from tracking and talking to someone. In Australia, the Butterfly Foundation National Helpline is free and confidential on 1800 33 4673 (1800 ED HOPE) or at butterfly.org.au. You can also talk to your GP. If you’re in immediate danger, call 000, or Lifeline on 13 11 14.

6. Coaching

Evenstride lets gyms, personal trainers and coaches (“businesses”) work with their clients.

Sunset Bytes provides the tool. We aren’t a party to the arrangement between you and a business, we don’t employ or vet them, and we don’t check their qualifications or advice.

Businesses are independent and responsible for:

• the advice, plans, meal weeks and targets they give, and any sessions they run
• having the qualifications, insurance and registrations their work needs
• the information their clients share with them and what they record in Evenstride (such as health screenings), including their own obligations under privacy and health records laws
• getting their clients’ consent where needed, keeping client information confidential, and using it only to coach them
• their own fees, bookings and cancellation terms, which are between them and their clients.

Clients choose what to share using the sharing switches, and can change them or leave a business at any time. If a business’s advice doesn’t feel right for you, check with a health professional.

Staff see client information only as their role allows. Don’t access, copy or use client information except to coach that client, and don’t keep it after you leave the business.

7. Acceptable use

Don’t:

• use Evenstride for anything unlawful, or to harass, threaten or harm anyone
• upload anything you don’t have the right to share, or that’s offensive, sexual, or of someone else without their permission
• share someone’s information with a business, or invite people, without their permission
• pretend to be someone else, or a business you’re not part of
• try to access accounts, businesses or data that aren’t yours, or to break, overload, scrape or reverse-engineer Evenstride or its server
• use Evenstride to send spam or advertising.

8. Your content

Your logs, photos, plans, meal weeks, notes and messages are yours. You give Sunset Bytes a limited, non-exclusive, royalty-free licence to store, copy, process and display them only to run Evenstride for you: to save and back them up, and to show them to the people you share them with. This licence ends when you delete the content or your account, except for copies kept for a short time in backups (see the privacy policy).

When a business sends you a plan or meal week, it stays on your phone if you leave. A business that adds a plan or meal week to its gym library makes it available to its own staff. We don’t use your content to advertise and we don’t sell it.

9. Gym library and coach packs

Plans and meal weeks in a gym library, and coach packs sent between people, are made by the businesses and people who share them, not by us. Only share material you’ve written or have the right to share. Packs are files sent person to person, not through our server; open packs only from people you trust.

10. Other services

Evenstride works with services we don’t control, each under its own terms: Apple Health, Health Connect, Sign in with Apple, Google sign-in, Google AdMob, Firebase Cloud Messaging, Open Food Facts, YouTube and Google Maps. We’re not responsible for them, for their availability, or for the accuracy of information from them, including nutrition data.

11. Our content

Evenstride, its design, code, exercise and recipe library, and the Evenstride and Sunset Bytes names belong to Sunset Bytes or our licensors. We give you a personal, non-transferable licence to use the app under these terms. The 3D body model is built from BodyParts3D (CC BY 4.0); see the app’s licences.

12. Availability, changes and suspension

We work to keep Evenstride running, but it may sometimes be unavailable, and features may change. Sync and coaching rely on our server, which may pause for maintenance or problems. Keep your own export if your data matters to you.

We may suspend or close an account, or remove content, if it breaks these terms, puts others at risk or the law requires it. We’ll tell you why where we reasonably can.

We may change these terms. We’ll update the date above, and for significant changes tell you in the app before they take effect. If you keep using Evenstride after that, the new terms apply.

13. Ending your account

You can stop using Evenstride any time. Delete your account in You → Account → Delete account, or see deleting your account. Deleting an account deletes the data we hold as described in the privacy policy. If you own a business, deleting your account deletes the business and its clients’ connections to it.

14. Your rights under Australian Consumer Law

Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or other laws that can’t be excluded, including the consumer guarantees. Where we’re allowed to limit our liability for a failure to meet a consumer guarantee, our liability is limited to supplying the service again or paying the cost of having it supplied again.

15. Limits on our liability

Evenstride is free. To the extent the law allows:

• we provide Evenstride “as is”, without promises that it will be error-free or uninterrupted, or that its estimates will suit you
• we aren’t liable for indirect or consequential loss, or for loss of data you could have backed up or exported
• we aren’t responsible for the advice, acts or omissions of gyms, trainers or coaches, or for third-party services
• our total liability to you is limited to A$100.

None of this limits liability for death or personal injury caused by our negligence, fraud, or anything else that can’t legally be limited. Laws in your country may give you rights these terms can’t change.

16. Governing law

These terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales (and courts that can hear appeals from them) can decide disputes. If you live outside Australia, you keep any protection your local consumer law gives you. Before going to court, please contact us so we can try to sort it out.

17. Contact

Sunset Bytes Pty Ltd, Level 1, 63–73 Ann Street, Surry Hills NSW 2010, Australia.
Email support@sunsetbytes.com.au, or see Evenstride support.