Terms of service
These Terms of Service ("Terms") govern your use of the Axon Pulse mobile app, the Axon HQ web platform, the Axon Perform website, and any related services (together, the "Services") operated by Axon Perform Ltd, a company registered in New Zealand (NZBN 9429053275806) ("Axon", "we", "us", or "our").
By creating an account, signing in, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.
These Terms work alongside our Privacy Policy.
1. Who can use the Services
The Services are intended for athletes, performance staff, medical staff, and administrators of sports organisations that have contracted Axon to provide its platform ("Client Clubs"). You may use the Services only if:
Your Client Club has provisioned an account for you, or
You are a Client Club staff member acting on the Club's behalf, or
You are a prospective customer evaluating the Services with our consent.
The Axon Pulse mobile app is rated 17+. If you are under 18, your continued use is on the basis that your Client Club has obtained appropriate parental or guardian consent as part of your athlete onboarding.
The Services are not available for sale to consumers. Self-service signup is not offered.
2. Your account
You must keep your account credentials confidential and notify us immediately at support@axonperform.com of any suspected unauthorised use. You are responsible for activity that occurs under your account.
Account provisioning is managed by your Client Club. If you leave the Club, your access may be removed or transferred by your Club's administrator.
3. Acceptable use
You agree not to:
Use the Services for any unlawful purpose or in breach of any applicable law or regulation
Attempt to gain unauthorised access to the Services, any account other than your own, or any underlying system
Reverse engineer, decompile, or extract source code from the Services, except to the extent permitted by law
Interfere with, disrupt, or place an unreasonable load on the Services
Use the Services to upload or transmit malware, harmful code, or unlawful content
Scrape, harvest, or systematically extract data from the Services other than through interfaces we provide for that purpose
Use the Services to develop a competing product
Misrepresent your identity or affiliation, or impersonate any person or entity
Share your account credentials with anyone, including teammates
We may suspend or terminate access for breach of these terms.
4. Data and ownership
Your Club's data
All performance, health, wellness, and operational data collected through the Services belongs to your Client Club. The Club may export, modify, or delete its data at any time during and after its subscription, subject to the Services Agreement between the Club and Axon.
Your personal data
Your personal information is processed in accordance with our Privacy Policy and the Data Processing Agreement between Axon and your Club.
Axon's intellectual property
Axon retains all rights, title, and interest in the Services, including all software, models, interfaces, designs, brand elements, and documentation. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services for their intended purpose.
Feedback
If you provide feedback or suggestions, you grant Axon a non-exclusive, royalty-free, perpetual licence to use that feedback to improve the Services, without obligation.
5. Third-party services
The Axon Pulse mobile app uses Sahha (sahha.ai) as a health-data sub-processor. The Services also integrate with third-party providers including Apple HealthKit, Health Connect, Garmin, WHOOP, Catapult, STATSports, VALD, OVAL, Opta, Wyscout, GymAware, WattBike, and Teambuildr.
Your use of those third-party services is governed by their own terms and privacy policies. Axon is not responsible for the availability, accuracy, or content of third-party services.
6. Health and wellness disclaimer
The Services collect, process, and present health, fitness, and wellness data and provide insights to support performance management decisions by qualified staff at your Client Club.
The Services are not a medical device. They do not diagnose, treat, cure, or prevent any disease or medical condition. The Services do not replace professional medical advice, diagnosis, or treatment. Decisions about your training, recovery, return to play, or health should be made by qualified medical and performance staff who are familiar with your individual circumstances.
If you have a medical concern, seek advice from a qualified health professional.
7. AI features
Some Services use artificial intelligence (including Ask Axon and related features) to assist with querying, summarising, and interpreting data. AI outputs may contain errors, omissions, or misinterpretations. You should verify AI-generated insights before relying on them for decisions. Axon is not liable for decisions made on the basis of AI outputs.
8. Service availability
We aim to keep the Services available continuously but do not guarantee uninterrupted access. Maintenance, updates, and outages may occur. Service levels for Client Clubs are set out in the applicable Services Agreement.
9. Suspension and termination
We may suspend or terminate your access to the Services if:
You breach these Terms or the Acceptable Use provisions
Your Client Club's subscription ends, is suspended, or is terminated
We are required to do so by law, regulation, or a competent authority
Continued provision creates a security, legal, or operational risk to Axon, the Club, or other users
You may stop using the Services at any time and request account deletion as set out in the Privacy Policy.
10. Disclaimers
To the maximum extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
We do not warrant that the Services will be error-free, secure against every threat, or that defects will be corrected to any specific timeline.
11. Limitation of liability
To the maximum extent permitted by law, Axon's total aggregate liability to you arising out of or relating to the Services and these Terms is limited to NZD $100.
In no event will Axon be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profit, loss of opportunity, loss of data, or business interruption, even if advised of the possibility of those damages.
Where you are a consumer in a jurisdiction that does not permit certain limitations of liability, those limitations apply to the maximum extent permitted by that jurisdiction's law and consumer protections remain available to you.
Commercial liability between Axon and Client Clubs is governed by the applicable Services Agreement, which prevails over this clause for Club-level claims.
12. Indemnity
You agree to indemnify Axon against any claim, loss, or damage arising from your breach of these Terms, your misuse of the Services, or your violation of any law or third-party right.
13. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified through the Services or by email to your Club administrator. Continued use of the Services after a change takes effect constitutes acceptance.
14. Governing law and jurisdiction
These Terms are governed by the laws of New Zealand. The courts of New Zealand have non-exclusive jurisdiction over any dispute, except where mandatory consumer protection law in your jurisdiction provides otherwise.
15. General
Assignment: you may not assign these Terms without our consent. We may assign these Terms in connection with a corporate transaction.
No waiver: a failure to enforce any provision is not a waiver of the right to do so later.
Severability: if any provision is found unenforceable, the rest of the Terms remain in force.
Entire agreement: these Terms (with the Privacy Policy and any applicable Services Agreement) are the entire agreement between you and Axon.
No partnership: nothing in these Terms creates a partnership, employment, or agency relationship.
16. Contact
Axon Perform Ltd
NZBN 9429053275806
Email: support@axonperform.com
Legal notices: legal@axonperform.com