Terms & Conditions
Marathon State of Mind AI · Effective date: 6 July 2026
Terms & Conditions — Marathon State of Mind AI
Effective date: 6 July 2026 (Replaces the version dated 16/05/23.)
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE OR APP.
These Terms & Conditions ("Terms") govern your use of the Marathon State of Mind website at www.marathonstateofmind.com (the "Website"), the Marathon State of Mind app available at app.marathonstateofmind.com including when installed to your device (the "App"), and all content, products and services we provide through them (together, the "Services").
The Services are operated by Marathon State of Mind AI Pty Ltd (ABN 41 698 061 228) ("we", "us", "our"), a company based in New South Wales, Australia.
By creating an account, accepting these Terms during sign-up, purchasing anything from us, or continuing to use the Services, you agree to be bound by these Terms and by our Privacy Policy in Part B below. If you do not agree, please do not use the Services.
PART A — TERMS OF SERVICE
1. What the Services are
Marathon State of Mind is a mental skills training program for runners, created by Dr Rory Darkins (performance psychology) and Eloise Wellings (two-time Olympian). The App includes:
— an AI coaching companion for text and voice conversations;
— a structured video-based mental skills program;
— guided audio sessions, including sessions designed to be listened to while running;
— journalling, reflection, check-in and self-assessment tools;
— race-preparation tools such as a mental game plan and race simulations; and
— a guided breathing tool.
The Services are educational and coaching tools. They help you practise mental skills — such as attention, self-talk, and preparation — drawing on evidence-based approaches from performance psychology.
2. Not medical, psychological or emergency care
The Services, including all AI conversations, videos, audio sessions and written content, are provided for general educational and self-development purposes only. They are not:
— medical advice, diagnosis or treatment;
— psychological therapy, counselling or any other regulated health service;
— a substitute for advice from a qualified health professional; or
— a crisis or emergency service.
The AI coach is not a psychologist, doctor or therapist, and no content in the Services creates a practitioner–client relationship with Dr Rory Darkins, Eloise Wellings, or anyone else.
If you are in crisis or concerned about your safety, do not use the App to seek help. In Australia, call 000 in an emergency, Lifeline on 13 11 14, or Beyond Blue on 1300 22 4636. If you are outside Australia, contact your local emergency number or crisis service.
Physical activity involves risk. Marathon training and racing are demanding. Before starting or changing a training program, consult your doctor, and always train and race within your own limits. Nothing in the Services is personalised physical-training, nutrition or medical guidance.
3. AI-generated content
Parts of the Services are powered by artificial intelligence:
— Coach conversations (text and voice) are generated by AI language models operating under instructions we have written and refined.
— Voice conversations use an AI-generated voice created with the consent and participation of Eloise Wellings. When you speak with the AI coach, you are not speaking live with Eloise Wellings, Dr Rory Darkins, or any human.
— Some summaries shown to you (for example weekly reviews and your profile reflection) are AI-generated from your own entries in the App.
AI-generated content can be incomplete, out of date, or wrong, and may not suit your individual circumstances. You should use your own judgement, and where a decision matters to your health, safety or wellbeing, seek advice from a qualified professional. We regularly review and improve how the AI coach behaves, but we cannot guarantee any particular output.
4. Eligibility and accounts
You must be at least 16 years old to create an account. If you are under 18, you may only use the Services with the consent of a parent or guardian, who agrees to these Terms on your behalf.
You must provide accurate information when creating an account and keep it up to date.
Your account is personal to you. Keep your login credentials confidential and do not share your account. You are responsible for activity that occurs under your account.
We authenticate accounts using a third-party identity provider. Signing in creates a secure, encrypted session on your device.
5. Free access, trials and subscriptions
Some users receive a period of free access — for example through a program code provided with a race entry or partnership. The length of free access depends on the code and is shown or communicated to you when you join.
Users without a program code may receive a free trial period.
When your free access or trial ends, continued full access to the Services requires a paid subscription. We will let you know before your free access ends.
Subscription prices are displayed in Australian Dollars (AUD) and include GST where applicable. Prices are shown at the point of purchase.
Subscriptions renew automatically at the end of each billing period (monthly or annual, as selected) until cancelled. You can cancel at any time; cancellation takes effect at the end of the current billing period, and you keep access until then.
If we increase the price of your subscription, we will give you at least 30 days' notice before the new price takes effect, and you may cancel before it does.
Payments are processed by a third-party payment provider. We do not store your full card details.
If your paid access or free period ends and you do not subscribe, we do not delete your data: your past journal entries, reflections and progress remain available to view, and full access resumes if you later subscribe.
6. Refunds
Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel and receive a refund for the unused portion, or to compensation for their reduced value; and for other failures you are entitled to have problems fixed within a reasonable time or to a refund for services not yet provided.
Beyond your rights under the Australian Consumer Law and any other non-excludable law:
— Because the Services are digital and available immediately, we do not offer refunds for change of mind after you have accessed paid content or features.
— If you believe something has gone wrong with your billing or access, contact us first at the address in section 15 — we would much rather fix it than have you dispute a charge.
— If you are in a jurisdiction with mandatory "cooling-off" rights for digital content (such as the European Union or United Kingdom), you acknowledge that by accessing the digital content immediately you consent to supply beginning right away and, to the extent permitted, waive withdrawal rights once delivery has begun. Nothing in these Terms removes rights that cannot lawfully be waived.
7. Your content
Using the Services involves entering personal reflections — journal entries, check-ins, conversations with the AI coach (typed or spoken), goals, and similar material ("Your Content").
You own Your Content.
You grant us a limited licence to host, store, transmit and process Your Content solely to operate and provide the Services to you — including sending relevant parts of it to the AI service providers that power coaching conversations, transcription, voice and summaries, and using it to personalise your experience within the App (for example, so the coach remembers your goals).
Our AI service providers process Your Content to provide these features and, under the terms of our agreements with them, do not use it to train their general AI models.
We do not sell Your Content and we do not use it for advertising.
We may use de-identified, aggregated information (which cannot reasonably identify you) to understand usage and improve the Services.
8. Acceptable use
You agree not to:
— use the Services for any unlawful purpose, or to harm yourself or others;
— attempt to gain unauthorised access to the Services, other users' data, or our systems;
— copy, scrape, data-mine, reverse engineer or extract the Services' content, prompts, software or underlying models, except as permitted by law;
— use the Services, or any output from them, to build or train a competing product or service;
— misuse the AI coach — for example, deliberately attempting to make it produce harmful, infringing or misleading content and then relying on or distributing that content; or
— resell, sublicense or share access to the Services without our written permission.
We may suspend or restrict features (for example, voice conversations) where reasonably necessary to protect the Services, comply with usage limits of our providers, or prevent misuse. Fair-use limits may apply to computationally expensive features such as voice; where they do, we will make this clear in the App.
9. Intellectual property
The Services and their content — including the program videos, audio sessions, coaching methodology, text, prompts, graphics, logos and software — are owned by or licensed to Marathon State of Mind AI Pty Ltd and are protected by copyright, trade mark and other intellectual property laws.
We grant you a personal, non-exclusive, non-transferable licence to access and use the Services for your own personal, non-commercial use while you have an active account. You may not otherwise reproduce, distribute, publicly perform, sell or exploit any part of the Services without our express written permission.
10. Third-party services
The Services rely on reputable third-party providers — for example for identity and sign-in, database hosting, AI language models, speech-to-text, text-to-speech, video hosting, email, and payment processing. Their roles are described in our Privacy Policy (Part B). Third-party websites we link to are not under our control, and we are not responsible for their content or practices.
11. Availability and changes to the Services
We aim to keep the Services available and reliable, but we do not guarantee they will be uninterrupted, error-free or always available. Features that depend on third-party providers (such as AI conversations and voice) may occasionally be degraded or unavailable.
We may improve, add to, or change features of the Services from time to time. If we make a change that materially reduces what you receive under a paid subscription, we will notify you, and you may cancel and receive a pro-rata refund of any prepaid amount for the remaining period.
We may update these Terms from time to time. For material changes, we will give you reasonable advance notice (for example by email or in the App) before they take effect. If you do not agree to a material change, you may cancel your subscription and, if you have prepaid, receive a pro-rata refund for the remaining period. The current Terms will always be available on the Website.
12. Liability
Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified — including the consumer guarantees described in section 6.
To the extent permitted by law:
— our liability for a failure to comply with a consumer guarantee in relation to the Services (which are not of a kind ordinarily acquired for personal, domestic or household use only to the extent such limitation is permitted) is limited, at our option, to resupplying the Services or paying the cost of having them resupplied;
— we are not liable for loss or damage arising from your training, racing or health decisions, from reliance on AI-generated content contrary to section 3, or from events outside our reasonable control; and
— we are not liable for indirect or consequential loss.
Nothing in this section limits liability that cannot be limited by law, including liability for death or personal injury caused by our negligence.
13. Your responsibility to us
You agree to compensate us for loss we suffer that arises directly from your unlawful use of the Services or your serious breach of these Terms, except to the extent we caused or contributed to that loss. This obligation is proportionate to your responsibility for the loss.
14. Suspension, termination and account deletion
By you: you may stop using the Services and cancel your subscription at any time. You may also ask us to delete your account and personal information (see the Privacy Policy for how, and for what we may need to retain).
By us: we may suspend or terminate your access if you seriously or repeatedly breach these Terms, if required by law, or if we discontinue the Services. Except where your breach makes it inappropriate, we will give you notice and a chance to respond. If we terminate your paid subscription other than for your breach, we will refund the unused portion of any prepaid period.
15. General
Governing law: these Terms are governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of New South Wales. If you are a consumer in another jurisdiction, this does not deprive you of protections you have under that jurisdiction's law.
Disputes: if you have a problem, please contact us first — most issues can be sorted out quickly and informally.
Severability: if any provision of these Terms is found unlawful or unenforceable, it will be severed and the rest of the Terms remain in effect.
Assignment: we may transfer our rights and obligations under these Terms as part of a corporate restructure or sale of the business; your rights will not be reduced as a result.
Contact: questions about these Terms should be sent to rory@marathonstateofmind.com.
PART B — PRIVACY POLICY
Effective date: 6 July 2026
This Privacy Policy explains how Marathon State of Mind AI Pty Ltd (ABN 41 698 061 228) collects, uses, stores, discloses and protects your personal information. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Where the EU/UK General Data Protection Regulation applies to you, we also respect the rights it gives you.
1. What we collect
Account and profile information
— Name and email address (collected when you sign in through our identity provider).
— Program or race code, and (for some race partnerships) your race registration number.
— Optional demographic information you choose to provide: age range and gender.
— Your race goal and race date, and the personal foundations you set in the App (such as your purpose, values and strengths).
Wellbeing and coaching content (sensitive information — collected only with your consent)
— Journal entries, pre- and post-run intentions and reflections.
— Check-ins and self-assessment responses about your mindset and wellbeing.
— Your conversations with the AI coach, whether typed or spoken (spoken input is stored as a transcript).
— Race plans, simulation conversations, and program reflections.
This information can reveal things about your psychological wellbeing, which the Privacy Act treats as sensitive information. By using these features you consent to us collecting and handling this information as described in this Policy. You can use much of the App without providing any particular entry — what you share is up to you.
Voice recordings
When you use voice mode, your speech is sent securely to our transcription provider and converted to text. We do not store the audio recording — only the transcript, which becomes part of your conversation.
Usage and technical information
Information about how you use the App (for example which sessions you complete, audio you listen to, and feature usage), device and browser information, and logs needed to run and secure the Services.
Our sign-in system uses an encrypted, essential session cookie. We do not use advertising cookies.
2. How we use your information
We use your information to:
— provide the Services — including generating AI coaching conversations, transcribing your voice input, producing spoken replies, and creating summaries of your own entries (such as weekly reviews and your profile reflection);
— personalise your experience — for example so the coach and program reflect your goals, values and progress;
— operate your account, free access period or subscription, and process payments;
— communicate with you about the Services (service messages), and — only if you opt in — send you marketing emails, which you can unsubscribe from at any time;
— monitor, secure and improve the Services; and
— comply with our legal obligations.
We do not sell your personal information, use it for third-party advertising, or allow our AI providers to use it to train their general models.
3. Who we share it with
We share personal information only with service providers that help us run the Services, under agreements or terms that restrict their use of it:
— Identity and sign-in: your login identity (name, email)
— Database hosting: your account and App data
— Application hosting: data in transit as the App runs
— AI language model provider: conversation and reflection content needed to generate coaching responses and summaries
— Speech-to-text provider: your voice audio, transcribed and not retained for training
— Text-to-speech provider: the coach's reply text, converted to audio
— Video hosting: program video delivery (viewing data)
— Email platform: your name, email, cohort and consent status
— Payment processor: your payment details (we never store full card numbers)
We may also disclose information where required by law, or to protect the safety of a person or the security of the Services.
Overseas disclosure (APP 8): some of these providers store or process data outside Australia, principally in the United States. Where we disclose personal information overseas, we take reasonable steps to ensure it is handled consistently with the APPs.
4. How we protect it
— All data is encrypted in transit (HTTPS).
— Sessions are protected with encrypted, httpOnly cookies.
— Your data is stored in access-controlled databases, and every request for your data is checked against your authenticated account — your entries are never accessible to other users.
— AI, transcription and voice requests are made only from our servers; your browser never communicates directly with those providers using our keys.
No system is perfectly secure, but we take the protection of your reflections seriously — they are the most personal thing you give us.
5. Retention and deletion
We keep your information while your account is active so your coaching history, program progress and reflections remain available to you — including if your paid access lapses and you return later.
You may ask us to delete your account and personal information at any time. We will delete or de-identify it within a reasonable period, except where we are required to retain some records by law (for example, transaction records).
6. Your rights
You may at any time:
— request access to the personal information we hold about you;
— request correction of inaccurate information;
— withdraw marketing consent (every marketing email has an unsubscribe link);
— request deletion of your account and data; and
— complain about our handling of your information.
To exercise any of these rights, contact rory@marathonstateofmind.com. We will respond within a reasonable time. If you are not satisfied with our response, you may complain to the Office of the Australian Information Commissioner (OAIC) — www.oaic.gov.au. If the GDPR applies to you, you also have rights to data portability, restriction and objection, and may complain to your local supervisory authority.
7. Children
The Services are not directed at children under 16. If you are under 18, please involve a parent or guardian, and only use the Services with their consent. If we learn that we hold personal information of a child under 16 without appropriate consent, we will delete it.
8. Changes to this Policy
We may update this Privacy Policy from time to time. We will post updates on this page, and for significant changes we will notify you in the App or by email.
9. Contact
Marathon State of Mind AI Pty Ltd (ABN 41 698 061 228)
Email: rory@marathonstateofmind.com
MARATHON STATE OF MIND ©