This agreement is a legal agreement between you (you, your) and Connected Fitness Labs Ltd (company number: 0394378) of 50 Liverpool Street, London, EC2M 7PY, United Kingdom and the Licensee through whom you access the App as described herein after (we, us).
This agreement is governed by and construed in accordance with the laws of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.
NOTE: You should not exercise beyond your own abilities and should be cleared by a medical professional before beginning an exercise program. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, you should get advice from a relevant medical professional and follow that advice before using our APP. We take no responsibility for any injuries or losses caused by the misuse of the App.
1.1. This agreement sets out the legal terms that govern how you use the APP. The APP consists of:
(a) the application (the App), which may be downloaded from an app store provider or operator (the App); or accessed through a Web Browser;
Please read this agreement carefully before downloading, accessing or using the App.
2.1. The following also apply to your use of the App.
(b) For the App only, (1) the 'Additional App terms' set out in the Appendix to this agreement (and which form part of this agreement); and (2) any terms and conditions imposed by the App store from which you have downloaded the App (the App store rules).
(c) Any written agreement entered into by and between you and the Licensee that grants access to use of the App.
3.1. We may change the terms of this agreement at any time by posting our revised terms online. We will inform you about these changes when you next access the App. You may have to read and agree with the updated agreement before you can continue to use the App.
4.1. In order to use the App, you must be at least 18 years old. If you are not at least 18 years old, you are not allowed to use the App.
4.2. As long as you agree to keep to the terms of this agreement, we grant you a non-transferable, non-exclusive license to:
4.3. Unless we say differently in this agreement or as allowed by any local law, you agree to the following:
(a) You will not copy any part of the App except to the extent that it is necessary for the purpose of normal use, back-up or operational security.
(b) You will not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any part of the App.
(c) You will not make alterations to, or modifications of, all or any part of the App, or allow the App or any part of it to be combined with, or become included in, any other programs.
(d) You will not (or not try to) disassemble, decompile, reverse engineer or create any work based on all or any part of the App unless, these actions cannot be forbidden under applicable law because they are essential so that the App can work with another software program, and as long as the information you gather during these activities is:
i. used only for the purpose of allowing the App to work with another software program;
ii. not unnecessarily revealed to anyone else unless you have our written permission; and
iii. not used to create any software that is substantially similar to the App.
(e) You will keep all copies of the App secure and keep accurate and up-to-date records of the number and locations of all copies of the App.
(f) You will include our copyright notice on all full and partial copies you make of the App on any medium.
(g) You will not provide or otherwise make available all or part of the App (including object and source code), in any form to any person without getting our written permission first.
(h) You must comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
4.4. From time to time we may issue updates to the App. Depending on the update, you may not be able to use the App (or certain functions of the App) until you have downloaded the latest version of it and accepted any new terms.
4.5. To allow you to use the App, you will first need to create a unique username and password so that you can access your account. You must treat your username and password as confidential and not reveal them to anyone else. If you know or suspect that anyone other than you knows your username or password, you must tell us as soon as possible. We take no responsibility for any damages you may suffer if disclosing the username and password.
We reserve the right to remove access to your account at any time if, in our reasonable opinion, you have failed to keep to any part of this agreement.
5.1. You must not:
(a) use the App in any illegal way, for any unlawful purpose, or in any way which does not keep to this agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, trojans or harmful data, into the App or any operating system, or by attempting to gain unauthorised access to the App, the server on which any of the App is stored or any server, computer or database connected to the App;
(b) affect our intellectual property rights or those of anyone else in relation to using the App (if that use is not licensed by this agreement);
(c) send any material that is defamatory, offensive or otherwise objectionable in relation to using the App;
(d) use the App in a way that could damage, overburden, impair or compromise our systems or security or interfere with other users; or
(e) collect any information from the App or our systems or try to decipher any transmissions to or from the servers running the App.
6.1. You acknowledge that:
(a) we or our licensors will own all intellectual property rights in the App anywhere in the world;
(b) rights in the App are licensed (not transferred) to you; and
(c) you have no rights in, or to, the App other than the right to use it in line with the terms of this agreement.
6.2. You acknowledge that you have no right to have access to the App in source-code form (in other words, the actual computer language the programmer used to write the App).
7.2 If you stop using the App, we may keep some information that we collect from you using the App, if permitted under the applicable privacy laws.
8.1. While the App may suggest workout plans for you based on the information that you provide, you acknowledge that it is provided on an 'as is' basis and has not been developed to meet your individual needs. As a result, it is your responsibility to make sure that the facilities and functions of the App meet your needs. You acknowledge that it is your responsibility alone to take appropriate care when using the App to avoid injury (for example, by avoiding making an injury worse by exercising).
8.2. You acknowledge and agree that when you use the App on a tablet, mobile device laptop, computer or similar device, it is your responsibility to take appropriate care to prevent loss or damage to your device.
8.3. We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no legal responsibility to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4. Our maximum aggregate liability under or in connection with these Terms and Conditions (including your use of the App) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to British Pound Sterling 20. This does not apply to the types of loss set out in condition 8.5
8.5. Nothing in this agreement will limit or exclude our legal responsibility for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other legal responsibility that cannot be excluded or limited by English law.
8.6 We take no responsibility for any misuse of personal information by third parties you willingly or accidentally provided access to the App.
9.1. We may end this agreement immediately if you significantly or repeatedly break this agreement, including clauses 4.2 (Using the App) or 5 (Acceptable use).
9.2. If the agreement ends for any reason:
(a) all rights granted to you under this agreement will end;
(b) you must immediately stop all activities authorised by this agreement, including your use of the App; and
(c) you must immediately delete or remove the App from all of your devices, and immediately destroy all copies of the App you have. If we ask, you must also confirm in writing that you have done this.
10.1. If you want to contact us in writing, or if any part of this agreement says you must give us notice in writing, you can send this to us by email to info.webplayer [at] wexer.com
10.2. If we have to contact you or give you notice in writing, we will do so by email.
11.1. We will not be responsible for any failure to perform, or delay in performing, any of our obligations under this agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
11.2. If an event outside our control takes place and this affects our ability to perform our obligations under this agreement, we will suspend those obligations until the event has passed.
12.1. We may transfer our rights and obligations under this agreement to another organisation, but this will not affect your rights or our obligations under this agreement.
12.2. You may only transfer your rights or obligations under this agreement to another person if we agree in writing.
12.3. If we fail to insist that you carry out any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to keep to those obligations. If we do decide not to enforce our rights, we will only do so in writing, and that will not mean that we will automatically do so again.
12.4. Each of the conditions of this agreement operates separately. If any court or competent authority decides that any of them are not lawful or cannot be enforced, it will not affect the rest of the agreement.
12.5. Save to the extent required by the mandatory laws of your jurisdiction:
(a) this agreement is governed by English law; and
(b) you agree that the English courts shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this agreement or its subject matter of formation.
Additional App terms
The following terms and conditions will apply to how you use the App as well as those set out in the agreement.
(1) Paid Subscriptions
The App may offer the ability for users to take out an ongoing subscription granting the user access to certain features on the App in exchange for either a monthly, quarterly or annual subscription fee (a Paid Subscription). The subscription fee for the Paid Subscription will be the price detailed on the App. All subscription fees are payable in advance.
By registering for or subscribing to a Paid Subscription you agree:
(a) you have read and agree to comply with the terms of this Agreement in relation to the Paid Subscription (which at all times constitute part of the App);
(b) you have read the details and description of the Paid Subscription and the features that the Paid Subscription grants you access to, and have determined for yourself that they are appropriate for your purposes. We make no promise, guarantee or commitment that the Paid Subscription or any features you have access to are appropriate for your intended purposes and we are not nor have been made aware of any such intended purposes;
(d) that registering for a Paid Subscription shall only grant you access to the features detailed on the App in relation to that Paid Subscription and shall not, of itself, grant you access to any Paid Content; and
(e) When you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information;
(f) If you change your Paid subscription from monthly to quarterly or annual Paid Subscription, the new subscription fee rate will take effect at the beginning of the next billing date;
(g) To the maximum extent permitted by applicable laws, we may change our prices for the Paid Subscription, any associated taxes, or institute new subscriptions fees at any time upon reasonable advance written notice. If you do not wish to pay the new prices, you can cancel the Paid Subscription prior to the change going into effect;
(h) All purchases of Paid Subscriptions are final and non-refundable, except at our sole discretion.
Your subscription will auto renew until stopped. You can cancel your subscription at any time. Refunds will not be given for any unused portions of the Paid Subscription whether monthly, quarterly or annually. For example, if you are subscribing to a monthly Paid Subscription and cancel during a given month, you will be charged for the whole given month and maintain access to the Paid Subscription through the end of that month.
The cancellation of a Paid Subscription will go into effect at the end of your current billing cycle. When your Paid Subscription ends, your account will have access only to the free section of the app. You can renew your subscription at any time without opening a new account, subject to price increases.
We may offer a free trial of the App, during which time you may use some or all of the subscription features for a period of time. At the end of the free trial, should you wish to continue using all features of the App, you will need to start a Paid Subscription (see above).
If you have received a discount code to a Paid Subscription, the following terms and conditions apply in addition to the terms and conditions of the specific code:
To redeem a discount code, log in to the app and enter the applicable code in the purchasing process to take advantage of the promotion. Discount codes cannot be combined with any other cash-off price, sales, promotion or free trial. Discount codes cannot be exchanged, refunded, replaced or redeemed for cash or similar payment. A credit card may be required to redeem a discount code. It is your own responsibility to use a discount code before it expires, and expired codes cannot be refunded or extended. The terms and conditions of a specific discount code may include additional restrictions on its use.
(2)Agreement with the App store provider
For the purpose of this appendix, App store provider means the provider of the app store through which you have downloaded the App (for example, Apple is the App store provider if you have downloaded the App from the Apple App Store, Google is the App store provider if you have downloaded the App from Google Play, and so on).
1. You agree that this agreement is made between you and us, and not with the App store provider. You also agree that the App store provider is not responsible for the App and its content.
2. You agree that the App store provider has no responsibility to provide any maintenance or support in terms of the App. If you have any problems using the App, please contact us at tech[at]wexer.com
3. If the App does not keep to any product warranty provided for by this agreement, the App store provider may give you a refund of the price that you paid to buy the App (if any). The App store provider will, as far as is allowed by law, have no responsibility to you whatsoever for the App.
4. You agree that the App store provider will not be responsible for dealing with any claims that you might have relating to the App, including:
(a) product liability claims;
(b) any claim that the App fails to meet any relevant legal or regulatory requirement; and
(c) claims arising under consumer protection or similar laws.
5. If someone else claims that the App affects their intellectual property rights, we (and not the App store provider) will be responsible for dealing with the claim.
6. You must confirm that:
(a) you are not in a country that is covered by a US Government embargo, or that has been designated by the US Government as a terrorist supporting country; and
(b) you are not listed on any US Government list of ‘prohibited or restricted parties’.
7. If the App store provider is Apple, you agree Apple and its subsidiaries will have the right to enforce the agreement against you as a third-party beneficiary. (In other words, as Apple own the App store, they will also benefit in the same way from these terms and conditions as we do and can enforce them against you.)
Connected Fitness Labs Ltd (we, us) takes your privacy seriously and we will use your personal information in accordance with applicable data protection legislation.
This Policy sets out how we use any personal information that we collect in the course of you using the App. The App is operated by Connected Fitness Labs Ltd of 50 Liverpool Street, London, EC2M 7PY, United Kingdom, which is the controller of your data for data protection purposes.
In order to provide you with the App and its features, we will process your personal data including data regarding your health as set out in this Policy. Without the collection and processing of your personal data including data regarding your health, we are unable to provide you with access to and use of the App. If you do not wish to have your personal data processed, please do not install or use the App.
When you use the App, we may ask for your email address, date of birth and other personal information. If you are accessing the App in connection to a gym membership we may link this information to your member account so that you can also receive additional benefits of membership.If you choose to use your Facebook account information to sign in to the App, you acknowledge that we may collect your authentication information, such as your username and email address in order to use for the purposes set out in this Policy.
We will also ask you questions about your health and your fitness goals.
We will use this information (including health information) to:
(a) set up and administer your account and communicate with you (including sending you work out reminders or results via email or SMS and app push notifications);
(b) facilitate the creation and customisation of your personal workout plan and track your progress and results against your goals
(c) carry out research and analysis and monitor customer use of the App on an anonymous or personalised basis to identify trends and to better understand our customers’ behaviour;
(d) to develop and improve the App and other products and services we offer you.
We also provide aggregated statistics about the use of the App to other group companies and third parties but these statistics will not include any information which identifies you;
We may employ the services of third parties to help us in certain areas, such as the provision of various software tools, website hosting and maintenance and the delivery and distribution of marketing and advertising services. In some cases, the third party may receive your personal information. However, at all times, we will control and be responsible for the use of your personal information. Some of these third parties may use aggregated statistics about the use of their software tools for their own purposes which may include sharing such statistics with third parties. However, such aggregated statistics contain no personal data and thus cannot be used to identify you.
We may, on occasion, have to transfer your personal data to third parties located in countries outside of the European Union/European Economic Area.
When these transfers happen, we will ensure that your personal data is afforded the same protections as within the EU/EEA by adhering to at least one of the following safeguards:
(i) relying on decisions of adequacy by the European Commission (see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en)
(ii) using contracts drafted and approved by the European Commission known as Standard Contractual Clauses (see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en)
(iii) where the transfer is to the United States, using service providers who are certified through the EU-US or Swiss-US Privacy Shield frameworks which require the provision of similar protections as in the European Union (see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en)
In addition, we may collect certain information about you automatically such as the website you came from or are going to, the type of device that you use, your device's unique ID, IP addresses, your operating system, the type of browser you use and information about the way you use the App. This is statistical information about your browsing actions and patterns and is not used to identify you. It may also be used to report aggregate information to our group companies and advertisers.
Where you give us the appropriate permissions, the App may also interact with other apps and functionality on your device (e.g. automatically add gym appointments to your calendar) and will allow you to pull in data from other software applications to display on your App.
In the event that the business is sold or integrated with another business, your details may be disclosed to our advisers and any prospective purchaser’s adviser and will be passed to the new owners of the business.
For more information on the cookies we use, please see our Cookie Usage Policy.
Where you give us appropriate permissions, Connected Fitness Labs Ltd, the affiliated gym of the App and subsidiaries may from time to time send you by email and post information about our and other third party products and services which we think may be of interest to you. However, your health data will not be shared with our group companies for marketing purposes.
If at any point you would like to opt-out of receiving communications from us, or would like to change the channels (such as email or post) that we use to contact you, please click on the unsubscribe link at the bottom of any emails you receive.
We have strict security procedures covering the storage of your information in order to prevent accidental loss and unauthorised access, use, alteration or disclosure of such information. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes.
With regards to the personal information you provide to us you have the following rights.
If you wish to exercise any of the above mentioned rights, please write to us at info.webplayer [at] wexer.com. We may require you to provide verification of your identity before we can provide you with a copy of the information we hold. Please note that in certain circumstances we may withhold access to your information where we have the right to do so under current data protection legislation.
If this Policy changes in any way, we will place an updated version within the App. Regularly reviewing this Policy ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.