TERMS & CONDITIONS OF SERVICE
Last updated 29/09/2022
By accessing, using or uploading or downloading any information or materials to or from the App, or by indicating your consent to these terms by creating an account, clicking “sign up” etc., you are agreeing to these terms as they may be amended by us. If you do not agree to these terms, please do not access the App or use our services.
ALWAYS CONSULT YOUR DOCTOR/PHYSICIAN IF YOU HAVE ANY CONCERNS REGARDING YOUR HEALTH AND/OR TRAINING, PARTICULARLY IF YOU HAVE NOT EXERCISED RECENTLY, OR YOU ARE TAKING MEDICATION, OR YOU ARE INJURED OR HAVE AN EXSITING HEALTH CONDITION (OR HAVE JUST RECOVERED FROM INJURY OR ILL HEALTH). PLEASE ALWAYS BUILD UP YOUR TRAINING GRADUALLY TO HELP PREVENT AGAINST INJURY. YOU SHOULD WARM-UP AND STRETCH CORRECTLY BEFORE BEGINNING ANY EXERCISE. STOP EXERCISING IMMEDIATELY IF YOU FEEL PAIN, DIZZINESS, DEHYDRATION, OR EXHAUSTION. BY EXERCISING, YOU ASSUME THE RISKS INHERENT IN PHYSICAL EXERCISE, INCLUDING ANY INJURY THAT MAY RESULT FROM SUCH ACTIVITY.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1 "We", "us", "our" and "Attis" means Attis Fitness Limited, a company incorporated under the Companies Act 2006, with registered number SC544160 and having its registered office at Scion House, Stirling University Innovation Park, Stirling, United Kingdom, FK9 4NF.
1.2 These terms and conditions (the "Terms") apply to the use of the App and the services (collectively, the "Services") between you, the customer, and us.
2. YOUR PRIVACY
3. REGISTRATION AND ACCOUNTS
3.1 To use the Services, you need to create a user account ("Account"). You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our registration processes ("Member Data") and (b) maintain and promptly update the Member Data. You agree that we may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Member Data that is inaccurate or not current, or we have reasonable grounds to suspect that such Member Data is inaccurate or not current, we have the right to suspend or terminate your account and refuse current or future use of the Services.
3.2 You are solely responsible for maintaining the confidentiality of the password associated with your Account. You accept responsibility for all activities that occur under your Account. We will use reasonable security measures to protect against unauthorised access to your Account. We cannot, however, guarantee absolute security of your Account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify us of any unauthorised use of your Account or password, or any other breach of security, and confirm that you understand all risks of unauthorised access to Member Data and any other information or content you provide to us.
4. PAYMENT AND FEES IN RELATION TO THE APP
4.1 Payments. To pay any fee in connection with your Account, you must designate and provide information about your preferred payment method (e.g., debit or credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by Attis) (the "Payment Method"). If you provide your payment information, you authorise us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information by visiting the app. If you paid through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Attis, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your Account resulting from use of your Payment Method at the Services, please contact us immediately via email@example.com.
4.2 Fees. In order to access premium Services, you may be required to pay Attis membership fees ("Premium Membership"). Attis membership fees, along with any required taxes, may be paid on a monthly or annual basis. All membership fees are payable in advance. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date. You agree to pay the membership fees, and other charges you incur in connection with your Premium Membership, whether on a one-time or subscription basis. Attis reserves the right to offer free trials or discounts and also increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
4.3 Auto-Renewal. Attis membership fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your Premium Membership is cancelled. Your membership fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your Premium Membership at any time, as described below.
4.4 Cooling Off. If you change your mind about your Premium Membership, you can receive a full refund within fourteen (14) days (the "Cooling-off Period"), provided that you have not logged in or started to use the associated Services during the Cooling-off Period.
4.5 Cancellation. If you signed up on https://www.attisfitness.co.uk/, you may cancel your Premium Membership by visiting your “Account” page and selecting “Downgrade”. If you signed up through the Google Play or iTunes store, you may cancel your Attis membership by downgrading through the corresponding store. The cancellation of a membership will go into effect at the end of your current billing cycle. When your Attis membership ends, your account will remain and become a free membership. You can renew your subscription at any time without opening a new account, although the Attis membership fees may have increased. You can delete your account at any time.
4.6 Free Trials. If you begin your subscription with a free trial, we will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your subscription unless you cancel your membership prior to the end of the free trial period. Your Payment Method will be authorised for up to approximately one month of service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorisation; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You may cancel your membership at any time by going to your account settings.
5 LICENCE TO USE THE APP
5.1 We grant you a limited, non-exclusive license to use the App and the related electronic documentation (such as the user instructions ("Documentation")) in accordance with these Terms.
5.2 You agree not to reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the App, and you may not transfer or distribute it in any form, for any purpose. Attis reserves the right to modify the App, or to discontinue offering the App all together at any time and for any reason, including without limitation, if any third party supplier ceases to supply content or services, or if Attis’s contract with such supplier terminates. In the event Attis shall discontinue offering the App, this agreement and your rights under it shall terminate immediately. The disclaimers of warranty and liability contained in this Agreement shall survive such termination.
6. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
6.1 Support. If you want to learn more about the App or the Services or have any problems using them please take a look at our support resources at https://www.attisfitness.co.uk/
6.2 Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org.
6.3 How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
7. HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
7.1 In return for your agreeing to comply with these Terms you may:
(a) download the App and view, use and display the App and the Services on such devices for your personal purposes only;
(b) use any Documentation to support your permitted use of the App and the Service; and
(c) receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
8. MEMBER CONTENT
8.1 You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.
8.2 You understand that you, and not Attis, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Attis does not proactively and routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Attis may, in its sole discretion, screen, monitor, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Attis be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content. Please contact our customer service team at email@example.com if you become aware of any offensive, indecent or objectionable Content.
8.5 You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the Attis service without compensation to you. For example, we may disclose that you use a certain device, product, or service available from a brand that has paid us to display its ads on Attis. You may adjust settings to prevent your profile name and profile photo from appearing in an ad.
9. YOUR AGE
9.1 You must be 13 or over (or such other higher age as required in your country) to use the Services. If you are under the legal age to form a binding contract, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
10.CHANGES TO THESE TERMS
10.1 We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
10.2 We will give you at least 15 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
10.3 If you do not accept the notified changes you may continue to use the App and the Services in accordance with the existing Terms but certain new features may not be available to you or you may not be permitted to continue to use the App and the Services.
11. UPDATES TO THE APP AND CHANGES TO THE SERVICES
11.1 From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
11.2 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 Services.
11.3 From time to time the App may be temporarily unavailable to allow us to update the App, address security issues or respond to cyber-attacks. We shall use our reasonable endeavours to minimise such periods, however, we shall not be liable to you for any such periods when the App is unavailable.
12. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
12.1 If you download 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.
13. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
13.1 By using the App or any of the Services, 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 Services to you.
14. WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
14.1 Certain Services including Stridesense, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
15.WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
15.1 The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
15.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
16. THIRD PARTIES
16.1 Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Attis. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. You agree that Attis shall not be liable for any loss or damages of any kind incurred by you as the result of any of your dealings with third party service providers or advertisers available through the Services.
16.2 Attis or third parties may provide links to other internet sites or resources through the Services. Attis does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Attis is not responsible for the availability of such external sites or resources.
16.3 Attis services may also include an option to share or transfer data to third-party services. Attis is not responsible for data once it is transferred out of Attis’ system and Attis can no longer control the data. You are responsible for managing the information you share or transfer out of the system. When you enable the sharing of your information or its transfer into a third-party service, the third party typically requires you to accept its own terms and conditions of use. Please carefully read the third-party terms and conditions and its personal data processing policy before you start using the services. Attis assumes no responsibilities related to the use of third-party services.
17. ACCEPTABLE USE RESTRICTIONS
17.1 You must:
(a) 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;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services;
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) 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;
(e) no collect or harvest any information relating to an identified or identifiable individual, including account names and information about users of the Services; or
(f) 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.
18. INTELLECTUAL PROPERTY RIGHTS
18.1 All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) 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.
19. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
19.1 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 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 Terms, both we and you knew it might happen.
19.2 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.
19.3 We are not liable for business losses. The App is for domestic and private use. If you use the 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.
19.4 Limitations to the App and the Services. The App and the Services provide general information only in respect of your data and metrics. The App and the Services are designed to improve your understanding of your running gait and to give you general advice that may assist you improve your running efficiency and decrease the stress and strain on your body while you are running. However, each individual’s running gait is unique and there is no right or wrong way to run. Also, modifying your running gait may put increased pressure or strain on other parts of your body, so we would recommend that you introduce any changes carefully and gradually over short distances initially. Whilst the advice the App gives is based on generally accepted running conventions, we make no representations, warranties or guarantees in respect of the advice the App provides.
19.5 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 Service.
19.6 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 meet your requirements.
19.7 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 take steps to minimise the effect of the delay. 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.
20. NOT A MEDICAL DEVICE
20.1 The App, Attis products and Services are not medical devices nor are they intended, and should not be used to investigate, diagnose, monitor, treat or prevent disease or other medical conditions nor to provide information for medical or diagnostic purposes.
20.2 During higher intensity exercise, measurements may be less accurate. The metrics only provide general guidance about your activity.
21.1 The App and all Services are provided "as is" and without warranties of any kind.
21.2 To the fullest extent permitted by law, Attis does not make any warranties or representations, express or implied, regarding the access and use of the App and all Services including, but not limited to (i) correctness, errors and accuracy (ii) adequacy, (iii) usefulness, (iv) reliability, defects, operation and availability (v) non-infringement, (vi) security, the risk of interception of information, viruses or anything else harmful, (vii) workmanlike effort, support, information or services, (viii) offensive, threatening, defamatory, unlawful or otherwise objectionable character.
21.3 The provisions of this clause do not affect any of your legal rights under applicable mandatory national legislation, including but not limited to any mandatory statutory warranties. If any part of this limited warranty is held to be invalid or unenforceable, the remainder of the limited warranty shall nonetheless remain in full force and effect.
22. LIMITATION OF LIABILITY
22.1 To the maximum extent permitted by applicable law neither Attis nor its officers, directors or employees shall be liable to you or to any third party for any damages either direct, special, incidental, indirect or consequential damages (including but not limited to, damages for the inability to use or access the App or Services, loss of data, loss of business, loss of profits, business interruption or the like) arising out of or related to:
(a) the use of, the inability to use or access, or otherwise the performance of the App and/or the Services, even if Attis has been advised of the possibility of such damages; or
(b) your conduct or that of other users (whether online or offline) or attendance at an Attis event, even if Attis has been advised of the possibility of such damages. You assume total responsibility for your use of the App and the Services; or
(c) any fraudulent misrepresentation on the part of users of the App and the Services;
(d) or any violation of these Terms; or
(e) any law or the rights of any third party.
22.2 Attis does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Attis expressly disclaims any and all liability in connection with your access to and use of such Content. Attis is merely acting as a passive channel for the distribution of Content and is not undertaking any obligation or liability relating to any Content or activities of users. Even in the event Attis chooses to monitor any Content, Attis assumes no responsibility for, or any obligation to monitor or remove, such Content.
22.3 Notwithstanding Clauses 22.1 and 22.2, if Attis is found to be liable to you for any damage which is in any way connected with your (inability to) use and/or access of or otherwise the performance of the App and the Services, Attis’ liability shall (i) in the case of a paid Service or App be limited to the amount actually paid by you for the Service or App concerned, and (ii) in the case of free-of-charge Services, Apps and your Content be limited to the amount of £50.00.
22.4 Notwithstanding any of the above or anything else contained in these Terms, nothing in these Terms shall limit either party's liability for death or personal injury resulting from its own negligence, or in respect of the implied warranties in sections 12 to 15 of the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or your legal rights in respect of defective products or products which are not as described or for any other liability that cannot be excluded or limited by applicable law.
22.5 Applicable mandatory national legislation may not allow the limitations or exclusions of liability as set out in these Terms. The above limitation of liability does not affect your rights under the applicable mandatory national legislation. For more information on rights under the applicable mandatory national legislation, please contact your national Consumers Association or the relevant national authority.
23.1 You agree to indemnify, defend, and hold harmless Attis, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal fees, arising from or relating in any way to your use of and/or your conduct in connection with the App and the Services and your conduct in connection with other users, or any violation of these Terms, any law or the rights of any third party.
24. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
24.1 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.
24.2 If we end your rights to use the App and Services:
(a) you must stop all activities authorised by these Terms, including your use of the App and any Services;
(b) 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; and
(c) we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
25. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
25.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you if this happens and we will ensure that the transfer will not affect your rights under the contract.
25.2 You may not assign, delegate or otherwise transfer your Account or your obligations under these Terms without the prior written consent of Attis.
26.NO RIGHTS FOR THIRD PARTIES
26.1 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
27.1 If any provision of the Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, such provision shall be deemed to be severed from the Terms. The remaining provisions will remain in full force in that jurisdiction and all provisions will continue in full force in any other jurisdiction.
28. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
28.1 Even if we delay in enforcing the Terms, 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.
29. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
29.1 These Terms are governed by English law and you can bring legal proceedings in respect of the products in the courts of England and Wales. 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.
29.2 The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
30. ALTERNATIVE DISPUTE RESOLUTION
30.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may refer the matter to the Scottish Arbitration Centre in Edinburgh, Scotland.
30.2 The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
31. QUESTIONS AND COMPLAINTS
31.1 Should you have any questions, suggestions or complaints concerning the Services or these Terms, or if you desire to contact Attis for any reason, please do so by email via firstname.lastname@example.org. Attis will take careful note of your email and will process any complaints as soon as possible and will endeavour to send you a reply within 10 days.