Terms of Service

1. BINDING AGREEMENT & MANDATORY JURISDICTION

"Services" defined: These Terms apply to every interaction you have with Smarternuthub, regardless of the platform. This includes, but is not limited to:

Public Social Media: YouTube videos, YouTube comments, Facebook posts/groups, Instagram, and LinkedIn.
Interactive Sessions: Live group nutrition coaching, one-on-one consulting, and Q&A sessions.
Digital Products: Free "opt-in" lead magnets, PDFs, ebooks, and paid courses/memberships.
Correspondence: Emails, direct messages (DMs), and community forum replies.

By accessing this website, products, or services (the "Services"), you enter into a legally binding contract.

Exclusive Venue: You irrevocably agree that any dispute, claim, or controversy arising out of or relating to these Terms shall be settled exclusively in the courts of Queensland, Australia.
Waiver of Foreign Recourse: You expressly waive any right to initiate any legal action in the United States, Canada, the UK, or any other jurisdiction.
Forum Non Conveniens: You waive any objection to Queensland as an inconvenient forum.

2. MANDATORY DISPUTE RESOLUTION

You agree that you may not commence any court proceedings or arbitration against Smarternuthub until you have complied with this section:

Good Faith Negotiation: You must provide written notice of your grievance and engage in 30 days of good faith negotiation.
Binding Arbitration: If negotiation fails, the dispute must be resolved by final and binding arbitration in Brisbane, Queensland, administered by the Australian Centre for International Commercial Arbitration (ACICA).
Class Action Waiver: You agree to bring claims against Smarternuthub only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

3. NO MEDICAL ADVICE & ABSOLUTE DISCLAIMER

Smarternuthub is not a medical provider. * No Doctor-Patient Relationship: Nothing said, implied, written, or filmed by Smarternuthub—including coaching calls, one-on-one interactions, or media—is medical advice.

Mandatory Professional Consultation: You are strictly required to consult a licensed medical doctor before implementing any information found here.
Assumption of Risk: You acknowledge that health-related information is subject to change and that you follow any suggestions at your own absolute risk. Smarternuthub disclaims all liability for any physical, mental, or emotional injury resulting from your use of the Services.

4. LIMITATION OF LIABILITY

To the maximum extent permitted by the Australian Consumer Law:

Damage Cap: Smarternuthub’s total liability for any claim shall not exceed the total amount paid by you to Smarternuthub in the preceding six (6) months. If no money was paid (free products), liability is capped at $1.00 AUD.
Exclusion of Losses: In no event shall Smarternuthub be liable for "US-style" damages, including but not limited to: consequential, indirect, punitive, exemplary, or "pain and suffering" damages.
Statutory Guarantees: Where the Australian Consumer Law implies a guarantee that cannot be excluded, our liability is limited strictly to the resupply of the services.

5. INDEMNITY

You agree to indemnify, defend, and hold harmless Smarternuthub and its officers from any third-party claims, liability, damages, or costs (including legal fees on a solicitor-client basis) arising from your misuse of the content, your breach of these terms, or your infringement of any intellectual property.

6. GOVERNING LAW

These Terms are governed strictly by the laws in force in Queensland, Australia, without regard to any "conflict of law" principles that might apply the laws of another jurisdiction.

SEVERABILITY, SURVIVAL, AND ENTIRE AGREEMENT

1. Severability (The "Anti-Sniper" Clause): If any provision of these Terms is held by a court or tribunal of competent jurisdiction (such as a Court in Queensland or an ACICA Arbitrator) to be invalid, void, or unenforceable, that specific provision shall be limited or eliminated to the minimum extent necessary. The remaining provisions of these Terms shall continue in full force and effect as if the unenforceable part had never been included.

2. Survival (The "Life-After-Death" Clause): All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation:

The Medical Disclaimer & Supplement Warning;
The Limitation of Liability & Indemnity;
The Exclusive Jurisdiction of Queensland, Australia;
The Mandatory Arbitration & Class Action Waiver.

Even if you stop using the Services, delete your account, or Smarternuthub ceases operations, your agreement to NOT sue us and to resolve disputes in Queensland remains legally binding forever.

3. Entire Agreement: These Terms constitute the entire agreement between you and Smarternuthub. No verbal statement by any coach, assistant, or representative shall override these written Terms.

SECTION 7: INTELLECTUAL PROPERTY & LICENSE

Ownership: Smarternuthub owns all Content, including "The Smarternuthub Methods," PDFs, video recordings, and even the "look and feel" of our coaching. This is protected by Australian and International copyright law.
Limited License: We grant you a non-exclusive, non-transferable, revocable license for personal, non-commercial use only. You are strictly prohibited from reproducing, reselling, or "white-labeling" our content.
User Content License: If you share a "success story," "data," or "comment" in our forum or live calls, you grant Smarternuthub a perpetual, worldwide, royalty-free license to use that content for marketing and business improvement. You waive all "moral rights" to that content.

SECTION 8: SERVICE AVAILABILITY & "AS-IS" WARRANTY

No Guarantee of Access: We do not guarantee that the Services will be uninterrupted, error-free, or available at all times. We are not liable for any downtime caused by third-party hosting (e.g., Systeme.io or godaddy).
Calculators & Tools: Any nutritional calculators or tracking tools provided are for estimation purposes only. We are not liable for errors in calculations or "bugs" in the software that result in incorrect nutritional data. You must verify all data manually.

SECTION 9: NO GUARANTEE OF OUTCOMES

Individual Results: You acknowledge that metabolic health is highly variable. Smarternuthub makes zero guarantees regarding specific health outcomes, weight loss, or biological changes.
Testimonial Disclaimer: Any "before and after" photos or success stories are non-representative. They are "best-case" examples and do not reflect the typical user experience. You agree not to hold Smarternuthub liable if your results do not match those of other participants.
SECTION 10: COMMUNITY ACCESS & TERMINATION RIGHTS
Smarternuthub reserves the unconditional right to suspend, restrict, or terminate your access to any Service, including private communities, group calls, or membership areas, for any reason or no reason, at our sole discretion.
Grounds for Removal: While we hope to never use this power, you acknowledge that we may remove you for conduct including but not limited to: harassment of staff or members, violation of community guidelines, abusive communications, or any behavior we determine is detrimental to the community.
No Refund Owed: Removal from a community or cancellation of your membership by Smarternuthub does not automatically entitle you to a refund unless we elect to provide one in our sole discretion.
Electronic Acceptance: Your electronic acceptance of these Terms (including by clicking "I Agree," checking a box, or completing a purchase) constitutes a legally binding signature equivalent to a handwritten signature under the Electronic Transactions Act 1999 (Cth).
AI & Automation: You consent to Smarternuthub's use of artificial intelligence and automation tools to process, transcribe, analyze, or summarize your questions and interactions for the purpose of improving Services and providing responses.