Acceptable Use Policy

Last Updated: May 27, 2025

Introduction

This Acceptable Use Policy ("AUP") governs your access to and use of the Performance Hub software-as-a-service (SaaS) platform, including all related services, websites, mobile applications, and integrations (collectively, the "Services") provided by Performance Hub ("Performance Hub," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by this AUP, our Privacy Policy, and our Cookie Policy, and any other applicable agreements you enter into with Performance Hub upon accessing the platform.

This AUP applies to all users of the Services, including but not limited to facility owners, staff, franchisors, or any other individual or entity accessing the platform (collectively, "Users").

Purpose

The Services are designed to help facility operators unify operations, manage memberships, process payments, optimise performance analytics, and integrate with third-party systems to streamline business processes. This AUP ensures that all Users use the Services responsibly, legally, and in a manner that protects the integrity, security, and reliability of the platform for all.

Scope

This AUP applies to all interactions with the Services, including but not limited to:

Accessing the Performance Hub platform via web or mobile applications.
Using features such as membership management, payment processing, scheduling, analytics, or reporting.
Interacting with third-party integrations (e.g., member management systems, payment processors, door/security controls, or cloud technology products like Ubiquiti).
Uploading, storing, or sharing data or content through the Services.

Acceptable Use

Users must use the Services in compliance with this AUP, applicable laws, and the policies of any integrated third-party services. Acceptable use includes, but is not limited to:

Using the Services to manage facility operations, such as scheduling classes, tracking member data, processing payments, or generating performance reports.
Using the Services’ analytics and reporting features solely for legitimate business purposes, such as monitoring facility performance or member engagement. Users must not manipulate or falsify analytics data to mislead stakeholders or violate third-party agreements.
Accessing only the features and data for which you have authorised access based on your subscription or role.
Complying with all instructions, guidelines, and documentation provided by Performance Hub.
Complying with the Performance Hub Cookie Policy and not interfering with or disabling cookies or tracking technologies necessary for the functionality of the Services.
Ensuring any user-generated content (e.g., member data, reports, or configurations) is accurate, lawful, and appropriate for business purposes.

Prohibited Activities

Users must not engage in any activities that could harm the Services, other Users, or Performance Hub’s reputation. Prohibited activities include, but are not limited to:

Illegal or Unlawful Activities

Using the Services for any purpose that violates Australian federal, state, or territory laws, or any other applicable local, national, or international laws, including but not limited to data protection laws (e.g., the Australian Privacy Act 1988).
Engaging in fraudulent activities, such as misrepresenting business data, falsifying payment information, or impersonating another User.
Using the Services to facilitate illegal activities, including but not limited to money laundering, unauthorised gambling, or trafficking.

Security Violations

Attempting to gain unauthorised access to the Services, other Users’ accounts, or any connected systems or networks.
Engaging in activities that compromise the security of the Services, such as hacking, phishing, or distributing malware, viruses, or other harmful code.
Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying structure of the Services.
Conducting denial-of-service (DoS) attacks, overloading the system, or otherwise disrupting the performance or availability of the Services.

Data and Content Misuse

Uploading, storing, or sharing content that is defamatory, obscene, offensive, discriminatory, or otherwise inappropriate for a professional business environment.
Sharing sensitive personal data (e.g., member or client personal information) in violation of the Performance Hub Privacy Policy or applicable data protection laws.
Using the Services to store or transmit data that infringes on third-party intellectual property rights, including copyrights, trademarks, or trade secrets.
Scraping, harvesting, or extracting data from the Services without express written permission from Performance Hub.

CCTV and Biometric Data

Using CCTV or biometric data (e.g., facial recognition data) collected through the Services for purposes other than those explicitly authorised, such as security or access control.
Failing to comply with all applicable laws regarding CCTV and biometric data, including obtaining necessary consents and providing required notices, as outlined in the Performance Hub Privacy Policy.

Misuse of Third-Party Integrations

Using third-party integrations (e.g., member management systems, payment processors, door/security controls, or cloud technology products like Ubiquiti) in violation of their respective terms of service or acceptable use policies.
Attempting to integrate unauthorised third-party services or tools with the Services without prior approval from Performance Hub.
Misusing APIs or integration points in a way that disrupts the functionality of the Services or third-party systems.

Abuse of Resources

Using the Services in a manner that excessively consumes system resources, such as generating excessive API calls, reports, or data queries that degrade platform performance.
Using the Services to send unsolicited communications, such as spam, bulk emails, or promotional materials, without proper consent.
Creating multiple accounts to bypass usage limits, restrictions, or subscription tiers.

Intellectual Property Violations

Using Performance Hub’s trademarks, logos, or proprietary materials (e.g., software, designs, or branding) without express written permission.
Modifying, copying, or distributing any part of the Services, including software, documentation, or branding materials, except as permitted by Performance Hub.
Using the Services to create derivative works or competing products.

User-Generated Content

Users may create, upload, or store content through the Services, such as member data, business reports, or custom configurations. Users are solely responsible for:

Ensuring all user-generated content complies with this AUP, applicable laws, and best practices for data privacy and security.
Maintaining the accuracy, legality, and appropriateness of all content uploaded to or generated through the Services.
Obtaining necessary consents or permissions for any personal or sensitive data (e.g., member or client information) processed through the Services.
Not attempting to re-identify anonymised data (e.g., AI-generated insights from CCTV footage) or using such data in ways that violate applicable privacy laws or the Performance Hub Privacy Policy.
Backing up critical data, as Performance Hub is not responsible for data loss due to user error or failure to comply with this AUP.

Performance Hub reserves the right to remove or restrict access to any user-generated content that violates this AUP or poses a risk to the Services or other Users.

Third-Party Integrations

The Services integrate with third-party systems, including member management systems, payment processors, door/security controls, and cloud technology products (e.g., Ubiquiti). Users must:

Comply with the terms of service, acceptable use policies, and privacy policies of all third-party services integrated with Performance Hub.
Ensure that their use of third-party integrations does not disrupt the Services or violate this AUP.
Obtain any necessary licences or permissions for third-party services used in conjunction with Performance Hub.

Performance Hub is not responsible for the functionality, security, or policies of third-party services. Users assume all risks associated with their use of third-party integrations.

Compliance with Laws

Users must comply with all applicable laws and regulations, including but not limited to:

The Australian Privacy Act 1988 and other data protection laws governing the collection, storage, and processing of personal information.
Ensuring that their use of the Services to collect, store, or process personal information complies with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Personal Information Protection and Electronic Documents Act (PIPEDA), and Japan’s Act on the Protection of Personal Information (APPI). Users are responsible for obtaining all necessary consents and honouring data subject rights as outlined in the Performance Hub Privacy Policy.
Intellectual property laws protecting Performance Hub’s proprietary materials and third-party content.
Any local, national, or international laws applicable to the User’s jurisdiction or business operations. Users accessing the Services from outside Australia are responsible for ensuring their use complies with the laws of their jurisdiction, in addition to Australian laws. Performance Hub is not responsible for Users’ failure to comply with local legal requirements.

Intellectual Property

The Services, including all software, designs, logos, trademarks, documentation, and other proprietary materials, are owned by Performance Hub or its licensors and are protected by Australian and international intellectual property laws. Users may not:

Use Performance Hub’s intellectual property without express written permission.
Modify, reproduce, or distribute any part of the Services, including branding or proprietary features, except as permitted.
Use the Services to develop competing products or services.

Users retain ownership of their user-generated content but grant Performance Hub a non-exclusive, worldwide, royalty-free licence to use, store, and process such content as necessary to provide the Services.

Enforcement

Performance Hub reserves the right to monitor and investigate User activity to ensure compliance with this AUP. If we determine, in our sole discretion, that a User has violated this AUP, we may take one or more of the following actions:

Issue a warning to the User.
Restrict or suspend access to specific features or the entire Services.
Terminate the User’s account, with or without notice, and restrict access to any data stored in the Services.
Remove or disable access to non-compliant user-generated content.
Report illegal activities to law enforcement or regulatory authorities.

Where feasible and not prohibited by law, Performance Hub will notify Users of enforcement actions, such as account suspension or termination, and provide reasons for the action. Performance Hub will respect applicable data protection rights during enforcement, including requests for data access or deletion, as outlined in the Performance Hub Privacy Policy. Users are responsible for any costs, damages, or liabilities arising from their violation of this AUP. Performance Hub is not liable for any actions taken to enforce this AUP.

Termination

Performance Hub may terminate or suspend a User’s access to the Services immediately, without notice, if:

The User breaches this AUP, the Terms of Service, or any other applicable policy.
The User’s actions pose a risk to the security, integrity, or availability of the Services.
Termination is required by law or regulatory authorities.

Upon termination, Users will lose access to the Services and any stored data. Performance Hub is not responsible for any data loss or business disruptions resulting from termination due to AUP violations.

User Responsibilities and Risk

Users are solely responsible for their use of the Services, including all actions taken through their accounts and the use of all platform features (e.g., membership management, analytics, scheduling, or payment processing). Users assume all risks associated with:

The accuracy, legality, and appropriateness of user-generated content.
Compliance with third-party service policies and applicable laws.
Any business decisions or outcomes resulting from the use of the Services.
Maintaining the security of their accounts by using strong passwords, enabling available security features (such as two-factor authentication, where offered), and safeguarding their account credentials. Users must not share account access with unauthorised individuals and must promptly report any suspected security breaches or unauthorised access to Performance Hub via our website.

Performance Hub is not liable for any damages, losses, or liabilities arising from a User’s use of the Services, including but not limited to errors, data loss, or disruptions caused by User actions.

Reporting Violations

If you become aware of any violation of this AUP, please report it to Performance Hub immediately via our website. Include details of the violation, such as the nature of the issue, the User involved, and any relevant evidence.

Changes to this AUP

Performance Hub reserves the right to update or modify this AUP at any time, with or without notice. Changes will be effective upon posting to https://performancehub.co/acceptable-use-policy. Continued use of the Services after changes constitutes acceptance of the updated AUP.

Contact Us

If you have questions about this AUP, please contact us via our website

By using the Services, you acknowledge that you have read, understood, and agree to be bound by this AUP.