Terms and Conditions

1. Introduction

2. Definitions

• "Platform" refers to the Connected software-as-a-service platform
• "Organisation" refers to fitness businesses (gyms, studios, clubs) that subscribe to our Platform
• "Organisation Customers" refers to end users who subscribe to memberships offered by Organisations through our Platform
• "Staff Users" refers to employees of Organisations who access the Platform to manage their business
• "Content" refers to any data, text, images, or other materials uploaded to or created within the Platform

3. Service Description

4. Account Types and Registration

5. Subscription and Payment Terms

6. User Responsibilities and Acceptable Use

6.1 General Responsibilities

You agree to:

• Provide accurate and current information
• Use the Service only for lawful purposes
• Respect the intellectual property rights of others
• Maintain the security of your account
• Comply with all applicable laws and regulations

6.2 Prohibited Activities

You may not:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malicious code or conduct security attacks
• Engage in spamming or unsolicited communications
• Interfere with the proper operation of the Service
• Access other users' accounts without permission
• Use the Service to store or transmit illegal content

6.3 Organisation-Specific Responsibilities

Organisations must:

• Comply with health and safety regulations
• Maintain appropriate insurance coverage
• Ensure staff users are properly trained
• Protect customer personal data in accordance with GDPR
• Provide clear terms to their customers
• Handle customer complaints and refunds appropriately

7. Health and Safety

7.1 PAR-Q Forms and Health Screening

The Platform may facilitate the collection of health information through PAR-Q forms. Organisations are solely responsible for:

• Ensuring appropriate health screening procedures
• Reviewing and acting upon health information provided
• Maintaining appropriate medical supervision when required
• Ensuring all fitness activities are conducted safely

7.2 Assumption of Risk

Organisation Customers acknowledge that physical fitness activities involve inherent risks. By participating in activities at Organisations using our Platform, customers assume responsibility for their participation and any resulting injuries.

7.3 Platform Limitation

Our Platform is a technology service only. We do not provide fitness instruction, medical advice, or health services. All such services are provided solely by the Organisations.

8. Data Protection and Privacy

8.1 Data Processing

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the UK GDPR and Data Protection Act 2018.

8.2 Data Controllers and Processors

For Organisation Customer data, Organisations act as data controllers and we act as data processors. Organisations must ensure they have appropriate legal bases for processing customer data and must provide adequate privacy notices.

8.3 Data Security

We implement appropriate technical and organisational measures to protect personal data. However, no system is completely secure, and you acknowledge the inherent risks of data transmission over the internet.

8.4 Data Retention

We retain personal data only as long as necessary for the purposes outlined in our Privacy Policy or as required by law. Upon termination of services, data will be deleted or returned as requested, subject to legal retention requirements.

9. Intellectual Property

9.1 Platform Rights

The Platform, including its software, design, content, and trademarks, is owned by us and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Platform in accordance with these Terms.

9.2 User Content

You retain ownership of content you upload to the Platform. By uploading content, you grant us a licence to use, store, process, and display such content as necessary to provide the Service.

9.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without restriction or compensation.

10. Service Availability and Modifications

10.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.

10.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice of material changes that affect your use of the Service.

10.3 Maintenance and Updates

We regularly update and maintain the Platform to improve functionality and security. Some updates may require temporary service interruptions, which we will minimise where possible.

11. Limitation of Liability

11.1 Service Limitations

The Service is provided "as is" without warranties of any kind. We disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 Liability Limitations

To the maximum extent permitted by law, our liability for any claims related to the Service is limited to the amount paid by you for the Service in the 12 months preceding the claim. We shall not be liable for indirect, incidental, special, or consequential damages.

11.3 Third-Party Services

The Platform integrates with third-party services (including Stripe for payments). We are not responsible for the performance, availability, or security of these third-party services.

11.4 Organisation Activities

We are not liable for the fitness services, facilities, or activities provided by Organisations. All such services are provided at the Organisation's own risk and responsibility.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload or transmit through the Service
• For Organisations: services provided to your customers

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us or using the account termination features in the Platform. Termination does not relieve you of payment obligations for services already provided.

13.2 Termination by Us

We may terminate or suspend your access to the Service immediately if you violate these Terms, fail to pay fees, or engage in activities that could harm the Service or other users.

13.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will provide reasonable assistance in data export, subject to technical limitations and legal requirements.

14. Dispute Resolution

14.1 Informal Resolution

We encourage you to contact us first to resolve any disputes informally. Many disputes can be resolved quickly through direct communication.

14.2 Formal Disputes

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA), or through the courts of England and Wales.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any legal proceedings shall be brought in the courts of England and Wales, which shall have exclusive jurisdiction.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and us regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce such provision in the future.

16.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

16.5 Updates to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Platform. Continued use of the Service after such changes constitutes acceptance of the updated Terms.

17. Contact Information

If you have any questions about these Terms or our Service, please contact us at:

18. Consumer Rights

If you are a consumer (using the Service for personal use), you may have additional rights under consumer protection legislation that cannot be excluded or limited by these Terms. Nothing in these Terms affects your statutory rights as a consumer.

For Organisation Customers, your membership contract is with the Organisation, not with us. Any disputes regarding memberships, classes, or facilities should be directed to the relevant Organisation in the first instance.