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WithU app end-user licence agreement

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY CLICKING ON THE “ACCEPT” BUTTON OR BY MAKING OR RESTORING A PURCHASE YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CLOSE THIS APP AND DELETE IT FROM YOUR MOBILE DEVICE.

WHO WE ARE AND WHAT THIS AGREEMENT DOES

We WITHU HOLDINGS LIMITED of The Carriage House, Mill Street, Maidstone, Kent, United Kingdom, ME15 6YE license you to use:

  1. WITHU mobile application software, the data supplied with the software or generated by the use of the software, (App) and any updates or supplements to it.
  2. The related online documentation (Documentation).
  3. Any additional service we may provide from time to time via our website https://withutraining.com (Website) or through the App (Service)

as permitted in these terms.

These terms were last updated on 29th January 2021.

WHAT THIS APP DOES

This App is designed to help you get the most out of the time you spend working out, either in the gym or even in your own home. Once you set your goals and the level of difficulty, the app will provide you with exercise programmes designed to accommodate your requirements. Over time, according to your usage, expressed preferences and feedback, the App will adapt the programmes to suit your needs and progress. There is a degree of manual control too, so that you can select workouts you wish to do. There are different programmes to suit users who are looking to improve fitness, strength and mobility.

We have built the App using the advice and support of experts in the fitness and wellness market. Professional trainers have designed the exercise programmes and we have provided state of the art visual references which can be used as a basic guide for how an exercise may be performed. Our intention is to provide accurate visual references for every exercise but this cannot be guaranteed.

THIS APP IS NOT A SUBSTITUTE FOR PROPER MEDICAL ADVICE

The App is designed to help you optimise your exercise and fitness regime. It has been built using advice and support from leading experts in the fitness and wellbeing market. However, it has not been designed for you specifically. We do not know the state of your health or any particular physical strengths or weaknesses. It is not intended to provide or replace medical advice. Always seek the advice of your physician or other qualified health provider prior to starting or changing any exercise or fitness regime or if you develop any discomfort or other health condition as a result of using this App.

**YOUR PRIVACY **

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://withutraining.com/privacy.html and it is important that you read that information.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App, by email or through our Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

**APPLE APP STORE TERMS ALSO APPLY **

If you download the App from the Apple App Store, the ways in which you can use the App , the Services and the Documentation may also be controlled by the Apple App Store’s rules and policies https://www.apple.com/legal/internet-services/itunes/

**GOOGLE PLAY STORE TERMS ALSO APPLY **

If you download the App from the Google Play Store, the ways in which you can use the App , the Services and the Documentation may also be controlled by the Google Play Store’s rules and policies https://play.google.com/intl/en_uk/about/play-terms/index.html

In these terms, the Apple App Store and the Google Play Store are each referred to as the “App Store”.

**OPERATING SYSTEM REQUIREMENTS **

This App requires either an Android or iOS device running a minimum of Android 5+ or iOS 12+

**SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS **

Support. If you want to learn more about the App or have any problems using it, please take a look at our support resources at https://support.withutraining.com or contact us using the help function in the App.

Contacting us (including with complaints). If you think the App or any Service is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@withutraining.com

How we will communicate with you. If we have to contact you we will do so directly within the app or via the email address you use (if any) to log in to the app.

HOW YOU MAY USE THE APP

In return for your agreeing to comply with these terms you may:

  • Download or stream a copy of the App onto any number of devices and view, use and display the App on such devices for your personal purposes only. use any Documentation to support your permitted use of the App and the Services.
  • Receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors that we may provide to you from time to time.

**YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE APP **

You must be 18 or over to accept these terms and download the App.

**YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE **

We are giving you personally the right to use the App and the Services as set out above. Whilst you may have sharing rights under the rules of an App Store, you may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it prior to the sale.

**CHANGES TO THESE TERMS **

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce from time to time or as the functionality of the App or a Service otherwise changes.

We will let you know of any change by notifying you of a change when you next start the App. We may also notify you by email.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service. By using the App and/or any Services after you have been notified of any changes, you will be deemed to have accepted the changes to the terms.

**UPDATE TO THE APP AND CHANGES TO THE SERVICES **

From time to time we may automatically update the App and change a Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we or the relevant App store may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service and/or the functionality of the App may be compromised.

The core functionality of the App will always match the description of it provided to you when you first downloaded it.

**IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING **

If you download, stream or log in to the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

**WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE **

By using the App or any Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Service to you.

**LICENCE RESTRICTIONS **

You agree that you will:

  • except in the course of permitted sharing (see HOW YOU MAY USE THE APP) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    • is not used to create any software that is substantially similar in its expression to the App;
    • is kept secure; and
    • is used only for the Permitted Objective.
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

**ACCEPTABLE USE RESTRICTIONS **

You must:

  • not use the App or any Service in the course of a business or to provide a service to any third party whether or not for payment or reward;
  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

**INTELLECTUAL PROPERTY RIGHTS **

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to or are licensed to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We have worked extremely hard to ensure that the App and the Services are compatible with your device (or at least a device of the type you have). We cannot prevent all risks, such as in the event that our App is incompatible with your device, due to other apps that you have on it, or if you have modified your device in some way. Therefore, if digital content that we have supplied damages a device or other digital content belonging to you, we will not be responsible for any damage caused except where the damage is our fault.

**We are not liable for business losses. ** The App is for domestic and private use. If you use the App in breach of these terms for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

THIS APP IS NOT A SUBSTITUTE FOR PROPER MEDICAL ADVICE. *Without limitation to the above restriction, the App is designed to help you optimise your exercise and fitness regime. It is not intended to provide or replace medical advice. **Always seek the advice of your physician or other qualified health provider prior to starting or changing any exercise or fitness regime or if you develop any discomfort or other health condition as a result of using this App.*

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services or when you replace your mobile device.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

Our maximum liability to you. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services, App or any content on it, whether express or implied, including any guarantee that our app will meet your requirements other than as specifically set out in these terms and conditions. The maximum aggregate liability of WithU under this agreement (other than where liability may not by law be limited) is £50 per user.

**WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS **

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

  • You must stop all activities authorised by these terms, including your use of the App and any Services.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

**WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE **

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

**NO RIGHTS FOR THIRD PARTIES **

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to any other person to enforce any term of this agreement.

**IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE **

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

**EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER **

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

**WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS **

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.