- These User Terms apply between you and Aptitude Fitness Limited (We / Us / Our), a private company incorporated and registered in England and Wales with company number 10808629 whose registered office is at 26 Chadwick Place, Surbiton KT6 5RE, United Kingdom.
- We can be contacted by writing to Aptitude Fitness Limited, at Maple Works, 73 Maple Road, Surbiton, Surrey, KT6 4AG, United Kingdom or by e-mail at email@example.com.
- We provide a digital marketplace, accessed via the Go:Do application for users (User App), the Go:Do Pro application for trainers (Trainer App) and any applicable Go:Do Website (Website), that allows you to find, request and book training sessions, workouts and other fitness services from trainers and other fitness professionals (Trainers) using the User App (together, the Aptitude Services).
- We agree to provide the User App, Trainer App, Website and any other proprietary software (together, the Software) and Aptitude Services to you, for use in accordance with these User Terms. The training, fitness and/or workout services that you find, request and book through the Software shall be referred to as Workouts.
- We do not provide Workouts. The Workouts are solely provided by Trainers – as independent businesses – to you. Once a Workout is agreed with a Trainer, you will be entering into a separate agreement with the relevant trainer for the provision of that Workout as further set out in clause 7 below.
Accessing the Aptitude Service
- To access the Aptitude Services, you must:
- download the User App on your mobile device (the User App is free from either the Google App Store or the Apple App Store) and have access to the internet;
- have carefully studied, fully understand and agree to be bound by these User Terms and any relevant App store terms, including all the obligations imposed on you by these User Terms and any relevant App store terms;
- register and set up a User account with a user ID and password (your “Account“);
- be at least 18 years old;
- be, and will at all times be, medically fit to participate in Workouts and shall not engage in reckless behaviour while carrying out Workouts, including by carrying out Workouts while under the influence of alcohol or drugs, or taking action that harms or threatens to harm the safety of your Trainer or third parties.
- You must provide us with valid and up-to-date credit or debit card details in order to use your Account to utilise the Service. You authorise us to charge such credit or debit card for the fees incurred via your Account and hereby confirm that the details you provide are accurate and that you have the right to use the credit or debit card provided.
- You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at firstname.lastname@example.org straight away to let us know.
We may provide support services in relation to use of the User App on English business days from 08:00 – 18:00 (GMT+2). The support services consist of in-app messaging and telephone support. Further details can be found on the User App or our Website. We have the right to stop providing the support services at any time, by giving you reasonable notice.
- As part of your Account, you will be able to complete a profile on the User App (Profile). You will need to complete your name, email and contact phone number. For the remainder of the Profile, you may enter as many details as you wish, including location information, outlining your fitness goals and personal interests. This information (excluding your email address) may be shown to Trainers with whom you have booked Workouts. In order to facilitate your Workout, we recommend that you keep your Profile up to date at all times.
- The User App will enable you to browse Trainers by certain metrics (such as Workout types, price, location). You can then use the User App to request a Workout with a Trainer. The Trainer will be notified using the Aptitude Services and will accept or reject your requested booking. If your request is accepted, the details of your Trainer and Workout will be visible to you on through the User App. You will be charged for the Workout once the relevant cancellation period has expired. Please note that there may be a number of reasons bookings are declined, including the Trainer simply having had a schedule clash.
- We will use the User App to communicate with you in relation to the Aptitude Services we provide. This will include contacting you about your Workouts, cancellations, Aptitude promotions, Aptitude or other events as well as push notifications in the User App from time to time.
- As part of the Aptitude Services, Users may provide feedback on Trainers and their provision of the Workouts in the form of ratings. We ask that you are fair, reasonable and honest in these reviews as they may be made available to prospective Users as part of the User App.
- You must use the User App to book any training, fitness and/or workout service with a Trainer you found through the Software. Using any means to circumvent using the Software to organise, book or pay for a training, fitness and/or workout service with a Trainer with the effect of avoiding the commission payment to Us, will be a material breach of these User Terms and may result in us immediately terminating your Account.
- You are responsible for all information posted on, and use of the Software, by anyone using your user name and password. If you suspect that your user name or password have been copied or stolen, you must notify Us immediately.
- All intellectual property rights in the Software, its content and any related documentation existing anywhere in the world belongs to Us or Our licensors (and are protected by copyright and/or trade secret laws and other international treaty provisions) and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without Our prior written consent. You will not have any rights of ownership in the Software, its content or any related documents.
- In order to use the User App, you are required to have internet access and a device with the necessary minimum specifications, which are currently:
- Operating system: Apple iOS 10.3 and above, or otherwise stipulated from time to time by Us; and
- Language: English.
- You must ensure that your device contains adequate anti-virus protection and any appropriate firewall protections to prevent unauthorised access and use.
- You acknowledge that we may upgrade versions of the User App available from time to time to alter functionality of the User App. This may require you to update, at your own cost, the functionality of other compatible software in order to ensure compatibility with the User App.
Your Contract with Trainers
- By requesting and booking a Workout with a Trainer, you agree to enter into an agreement with your Trainer to carry out (or to authorise another person to carry out) and pay (through the User App) for the Workout you have requested. You acknowledge that this separate agreement for the provision of the Workout will be between you and your chosen Trainer, and not with Us.
- You acknowledge that while carrying out your Workout you will:
- turn up at the time and location you selected and agreed with your Trainer in appropriate attire;
- at all times be medically fit to carry out the Workout, including being free from the influence of alcohol or drugs;
- not engage in reckless behaviour while participating in any Workout;
- comply with all laws and regulations applicable; and
- treat your Trainer with respect, courtesy and decency.
- You acknowledge that We have no control over the Trainers. We shall have no responsibility or liability with respect to how (or whether) the Trainer provides you with your Workouts, including delays or damage to person or property.
- Unless otherwise agreed with a Trainer or advertised on the Workout booking, if you or the Trainer is more than 10 minutes late to your agreed Workout time, you agree that:
- in the case of your lateness, the Trainer may cancel the Workout and if so, you will forfeit the amount you paid for the Workout; and
- in the event of the Trainer’s lateness, you should promptly notify Us and we will issue you with a refund of the fee paid for the Workout; and
- in the event of any dispute in relation to the timing or occurrence of the Workout, We expect the User and Trainer to endeavour to resolve it in good faith and otherwise in accordance with the agreement between them. At Our discretion, We may provide assistance in relation to any such dispute.
- Any failure to abide by these User Terms may entitle us to suspend or terminate your access to the Aptitude Service or may be escalated to Us or the relevant authorities.
- We expect a high standard of service and professionalism from the Trainers advertising on our site. Please let us know at email@example.com if you have a negative experience with your Trainer.
Fees and Payment
- Each Trainer will set their applicable fee for the Workout(s) they offer on the Aptitude Services (Fee). The Fee on the User App constitutes the whole cost for the Workout (or series of Workouts), and there are no further costs to attend the Workout.
- All payments for Workouts take place via the User App. You will not be asked to make, and should not make any cash payment to your Trainer at the time of your Workout.
- Once a booking has been made, We (or Our authorised payment agent) shall charge your nominated credit card for the amount of the Fee.
- If, due to no fault of Us or the Aptitude Service, we are unsuccessful in charging a Fee or any other amount to your credit or debit card, we will inform you and you will be unable to complete the booking for the relevant Workout. At our election, we may also suspend or temporarily disable all or part of your access to the Aptitude Service (without any responsibility to you).
- copy the User App except as part of the normal use of the User App or where it is necessary for the purpose of back-up or operational security;
- modify or translate the User App in whole or in part, or combine or merge the User App with any other object code or program;
- reverse engineer, decompile, disassemble, reduce the object code of the User App to source code form or create (or attempt to create) derivative works based on the whole or any part of the User App, 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 User App to obtain the information necessary to create an independent program that can be operated with the User App or with another program (“Permitted Objective“), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without Our 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 User App;
- is kept secure; and
- is used only for the Permitted Objective;
- distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the User App or your right to use the User App;
- remove, modify, block, disable, obscure or impair any copyright, trademark, or other proprietary notices, material or advertising belonging to Us, Our licensors or other third parties contained within the User App;
- incorporate the User App into another service or website or make it available via framing or mirrors;
- extract any data or metadata from the User App nor create any index or database incorporating any part of it;
- circumvent, disable or otherwise interfere with security-related features of the User App or features that
- prevent or restrict use or copying of any part of the User App or
- enforce limitations on use of the User App, in each case other than to exercise your rights under paragraphs 9.1(a) and 9.1(c);
- do anything that may cause damage to the User App;
- carry out any harmful or illegal activities using the User App; or
- use the User App in any manner not expressly authorised by these User Terms.
- In using the Aptitude Services, including Our Website, you must:
- not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these User Terms, or act fraudulently or maliciously (for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software or into any operating system);
- not infringe any rights (including intellectual property rights) belonging to Us or any third party in relation to your use of the Software or Aptitude Services;
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software;
- not use the Software in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users;
- comply with any applicable third party terms and conditions in respect of your use of the Software and Aptitude Services; and
- not collect or harvest any information or data from the Software or Our systems or attempt to decipher any transmissions to or from Our servers.
Our Liability / Responsibility to you
- The Aptitude Services and the Software, its content and functionality, are provided on an “as is” and “as available” basis, and, to the fullest extent permitted by law, We make no warranty, whether express or implied, with respect to the Aptitude Services or the Software, its content, functionality or availability.
- If We fail to comply with these User Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breaking these User Terms or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these User Terms, both We and you knew it might happen.
- Circumstances where loss or damage is not foreseeable includes but shall not be limited to:
- any use of the User App in a manner that we do not authorise;
- ending, suspending or restricting use of the User App in accordance with these User Terms;
- any loss of damage caused by us in circumstances where there is no breach of contractual obligation or legal duty owed to you by Us;
- any loss or damage caused by any error, bugs or viruses arising in your use of the App that are not directly caused by or attributable to the App, or any incompatibility of the App with any other software, hardware or material on your device; and
- any breach of paragraph 14 by you.
- Nothing in the User 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 under English law.
- The User App is for domestic and private use. If you use the User App 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.
- We recommend that you back up any content and data used in connection with the User App, to protect yourself in case of problems with the User App.
- The User App has not been developed to meet your individual requirements. Please check that the facilities and functions of the User App (as described on the app store and in the related documentation) meet your requirements.
Apple App Store Provisions
- This clause 12 applies where the User App has been acquired from the Apple App Store.
- In addition to these User Terms, you also agree that:
- the User Terms are solely between you and Us, not Apple, Inc. (Apple) and that Apple has no responsibility for the User App or its content. Your download and use of the User App must comply with the Apple App Store Terms of Service;
- the license granted to you to use the User App is limited to a non-transferable license to use the User App on the mobile operating system product that you own or control as part of your device and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service;
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the User App;
- in the event of any failure of the User App to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price (if any) for the User App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the User App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the User Terms and any law applicable to Us as provider of the User App;
- We, not Apple, are responsible for addressing any claims of yours or any third party relating to the User App including, but not limited to:
- product liability claims;
- any claim that the User App fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation, and all such claims are governed solely by the User Terms and any law applicable to Us as provider of the User App;
- in the event of any third-party claim that the User App or your possession and use of that User App infringes that third party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the User Terms;
- you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties;
- you must comply with any applicable third party terms when using the User App; and
- Apple, and Apple’s subsidiaries, are third- party beneficiaries of the User Terms as relates to your license of the App, and that, upon your acceptance of the User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the User Terms as relates to your license of the User App against you as a third-party beneficiary thereof.
- If there is any conflict between these User Terms and the Apple App Store terms of service, the Apple App Store terms of service shall take priority.
- You may only use the App on any Apple-branded products which you own or control and only as permitted by the usage rules in the Apple App Store terms of service, except that the App may be accessed and used by other accounts associated with you via family sharing (where permitted by the Apple App Store).
Google Play Store Provisions
- This clause 13 applies where the User App has been acquired from the Google Play Store. In addition to these User Terms, you also agree:
- to comply with any applicable terms of service of the third party provider of your device as well as Google, Inc’s (Google) Play Store Terms of Service;
- that Google has no responsibility to undertake, or handle, support and maintenance of the App, and any complaints about the User App.
- Google has no responsibility or liability to you with respect to the User App;
- you acknowledge and agree that Google is a third-party beneficiary to the User Terms as it relates to the User App; and
- you must comply with all domestic and international export laws and regulations that apply to you and your use of the User App.
- You confirm that any text, images or any other information that you provide to us whilst using the Software (User Content) will not breach these User Terms.
- We do not claim ownership in your User Content and ownership will remain with you (or the relevant third party owner). You grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license, and exploit the User Content anywhere and in any form for the purposes of providing the Aptitude Service (including, where applicable, allowing other users to view your User Content).
- You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content.
- The Software makes available third party content, such as User Content. We are not responsible for any such content in any way, but may monitor User Content and reject, refuse or delete any User Content where We consider that it breaches these User Terms.
- We collect personal data (including sensitive personal information) such as names, addresses, telephone numbers, e-mail addresses, location based information and medical information about your health conditions and injuries only with the permission of the data subject and only for the purpose necessary to enable the intended functioning of the User App and the Software and facilitating your Workout.
- We process personal data relating to you, the Trainers and the Users. The procedure, manner of and conditions for processing personal data are provided at https://godo.fitness/privacy
- You shall not contact any Trainer or other User or collect, record, store, grant access, use or cross-use the personal data provided by the Trainers or made accessible by the User App for any reason other than your non-commercial use in order to facilitate and complete your Workout booking made via the User App.
Advertising and Third Party Websites
- You acknowledge that the User App may be supported by advertising revenues and We may place advertising, promotions or sponsored content on the User App. You acknowledge that the manner, mode and extent of such advertising, promotions and sponsored content is subject to change without notice to you. We may at Our sole discretion provide the ability to pay to remove advertisements via the settings menu within the User App.
- You acknowledge that the User App may contain links to third party websites (whether by way of advertisements or otherwise) that are not owned or controlled by Us. Such links are provided for your reference only. We do not control such websites and are not responsible for the contents or your use of them, and as a result We do not accept responsibility for the availability, suitability, reliability or content of such third party websites.
- Our inclusion of such hyperlinks in the User App does not imply any endorsement of the material or the views expressed within them.
- These User Terms apply from when you submit your registration on the User App and they will remain in full force and effect while you use the User App until terminated in accordance with this clause 17.
- We may terminate these User Terms and your use of the User App, or suspend your use of the User App, immediately by written notice to you if:
- we consider that you have used the User App in violation of these User Terms;
- in Our reasonable opinion, We believe there has been unauthorised access to the User App;
- we, in Our sole discretion, decide to withdraw the User App (whether in whole or in part);
- we have a legal or regulatory obligation imposed on us, which impacts Our ability to provide the User App; or
- for any other reason provided that We give you thirty (30) days’ written notice by email, or via a communication through the User App.
- Without limiting our other rights or remedies under these User Terms, if you breach any of these User Terms, we may, with or without notice, take the following action if We (acting reasonably) consider it necessary:
- immediate, temporary or permanent withdrawal of your right to use the Aptitude Service;
- immediate, temporary or permanent removal of any User Content;
- issuing of a warning to you;
- legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs)resulting from the breach; or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- You can terminate these User Terms at any time by:
- deleting your Profile by contacting us on firstname.lastname@example.org and notifying us that you wish us to permanently delete your Profile from the Software. Such deletion by Us may take up to two working days, and you will be responsible for any Workout bookings you have made for any time up to the deletion by Us of your Profile; and
- deleting the User App from your device; and
- ceasing to use the Aptitude Services.
- Upon termination for any reason:
- all rights granted to you under these User Terms cease;
- you must cease all activities authorised by these User Terms; and
- you must delete or remove the User App from your device.
- These User Terms shall be governed by, and construed and enforced in accordance with the laws of England and Wales.
- Any dispute that may arise in connection with these User Terms, whether with respect to its existence, validity, interpretation, performance, breach, termination or otherwise (and including non-contractual disputes), shall be settled by way of negotiations wherever possible. If the respective dispute resulting from these User Terms could not be settled through such negotiations, then the dispute will be finally resolved in the courts of England.
You may not assign these User Terms or any of its rights or obligations under these User Terms.
Any notice required to be given to you by Us will be delivered to the email address associated with your account, sent by registered mail to the address associated with your account, or sent via the User App. Any notice required to be given by you to Us should be delivered using the User App, registered mail to our registered office or by email to email@example.com.
Enforceability and waiver:
If any provision of these User Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the User Terms shall not be deemed a waiver of such term.
Any provision of these User Terms that expressly or by implication is intended to come into or continue in force on or after termination (or expiry) of these User Terms shall remain in full force and effect.
Changes to these User Terms:
- Other than minor changes or corrections, we will notify you at least fourteen (14) days’ prior to making any changes to these User Terms and post a revised version on the User App.
- Any change shall come into effect and be deemed accepted by you if you continue to use the Software after the expiry of the notice period above.