• Our Privacy Policy is important and describes how we collect your personal information, use it and your associated rights. Please read the policy to ensure you are aware.
• By using the Service, you implicitly agree to abide by these terms. By creating an account, you explicitly agree to abide by these terms.
• You must use the Service in an appropriate manner. Failure to do so may result in your account being deleted.
• You own your Content but give us a right to use it.
• You must not upload Content that is illegal, stolen or offensive.
• You must use the Service in an appropriate manner for personal and non-commercial purposes only.
• When exporting your Content to third party services, we are not liable for how the third party operates.
• Electronic communications made by you on the Service are your responsibility.
• You have the right to inform us of infringements of copyrights or trade marks (or other such rights).

POLICY LAST UPDATED: 5TH MAY 2022

We are a health & fitness social media platform delivered through a website, mobile device applications and other associated services (collectively, the “Service”).

You agree to abide by these terms when accessing and using the Service. This agreement is implicit when you access the Service but do not create an account. This agreement is explicit when you create an account and click the respective “I have read the Terms & Conditions” checkbox in the registration process. These terms shall always apply when the Service is being used. If you do not agree with the terms - do not use or access the Service.

We reserve the right to modify these Terms & Conditions at any time. Minor changes will be incorporated into the terms with significant changes being communicated to all users of the Service in a prominent manner.

Please contact us if you have any questions regarding our Terms & Conditions.

You must be 13 years old to create an account on the Service. You agree to provide truthful, accurate, current and complete information when registering a new account. Failure to do so may result in the suspension or termination of your account.

You agree to keep your account username and password confidential and to restrict access to / use of devices that keep your account logged in between sessions. We cannot guarantee 100% security and users of our Service accept the risk that information we hold could be stolen, destroyed or lost.

By using the Service, you accept (a) any risks associated with any inappropriate use that originates from your device(s); and (b) that we cannot guarantee 100% security over the Service.

You retain ownership of all information, data, text, sound, photographs, videos, graphics, comments, posts, and other such information (“Content”) that you submit to the Service. As described in the Privacy Policy, Content may either be publicly available on the Service (i.e. the majority of Content submitted to the Service) or restricted to just be visible to you (i.e. personal information linked to your account).

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 Service 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.

You understand that the Content you provide through use of the Service is your responsibility. We do not take responsibility for any Content that you, or other users of the Service, upload or post on the Service. You accept the risk that publicly available Content you upload could be downloaded, stored, copied, replicated and / or distributed by third party users of the Service.

We do not pre-approve Content before it is publicly available on the Service and do not retrospectively approve Content later after it is publicly available on the Service. You accept the risk that you may be exposed to Content that is offensive, inappropriate, indecent or objectionable. The standard functionality of the Service allows you to flag any Content that you feel contravenes or violates these Terms & Conditions. We reserve the right to remove Content that we deem to contravene or violate these Terms & Conditions, to ban or suspend the account of the Service user that provided the Content and to take appropriate legal action should we consider that we have a responsibility to do so.

We will not be held liable for any Content on the Service that has been provided by Service users, including, but not limited to, any errors or omissions in the Content, or any loss or damage of any kind incurred as a result of the use of any Content on the Service. You agree to bear all risks associated with the use of any Content available in connection with the Service, including any reliance on the accuracy, completeness, or usefulness of such Content.

We are not responsible for any Content that you upload and you will bear legal responsibility for any such Content. Specifically, we draw your attention to the following:

• You must not upload Content that is the legal property of another party;
• You must not upload Content that infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorised use of domain names);
• You must not upload Content that directly or indirectly portrays illegal activities or illicit items;
• You must not upload Content that is directly or indirectly obscene, defamatory, threatening, harassing, abusive, hateful or that advocates violence;
• You must not upload Content that is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); and
• You must not upload Content that is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”).

The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following:

• Copying, framing or mirroring any part of the Services;
• Accessing the Services to monitor its availability, performance or functionality;
• Permitting any third party to access the Services;
• Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to us;
• Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of our internet protocol space;
• Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
• Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Service than a human can reasonably produce in the same period of time by using a conventional web browser or other equivalent method;
• Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;
• Using the Services for any inappropriate commercial solicitation purposes;
• Accessing any content on the Services through any technology or means other than those provided or authorised by the Services;
• Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
• Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
• Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
• Executing any form of network monitoring or running a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

Third party products and services made available on the Service 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 us. 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 we will not be held liable for any loss or damages of any kind incurred by you as a result of any interactions or dealings with third party service providers or advertisers available through our Service.

We may provide facilities on our Service that allow you to import or export Content to third party services. We take no responsibility for any aspect of the third party service, including; uptime or availability of their service, data integrity, data security or how the third party handles privacy & data.

You agree to use communication methods available on the Service (such as comment facilities) only to send communications and materials related to the subject matter for which the communication method was provided, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable).

By using communications methods available on the Service, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by us (unless expressly stated otherwise) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by us in any manner, though we reserve the right to do so at any time. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

You acknowledge and agree that the Service, any necessary software used in connection with the Service (if any), any aggregated data based on Content on the Service, and any Content available or made available on the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorised by us or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the software or Content available on the Service (other than Content that you may submit), in whole or in part.

We grant you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service, except where permitted by law. You agree not to access the Service by any means other than through the interfaces that are provided by us.

The term Fitboost, the Fitboost logo and other Fitboost logos and product and service names are the exclusive trademarks of, and are owned by, Fitboost Limited, and you may not use or display such trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed on the Service are the property of their respective owners.

We reserve all rights not expressly granted hereunder.

If you believe in good faith that Content hosted by us infringes your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

• A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Service are covered by a single notification, a representative list of such works);
• Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Services;
• The name, address, telephone number, and e-mail address (if available) of the complaining party;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright or trademark owner, its agent, or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be advised that we will not respond to complaints that do not meet these requirements. If we determine that the materials alleged to infringe your copyright or trademark rights do not require removal, we will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

We make no guarantees over the availability of the Service or any features of the Service. You agree that we will not be held liable for any “downtime” of the Services when part or all of the Service is inaccessible, removal of part or all of the features of the Service or the termination of the Service in full. You agree that we will not be held liable for any loss or damages of any kind incurred by you as a result of the Service not being available to you in part or full.

We reserve the right to terminate your account (and access to the Service) or temporarily restrict your access to the Service and / or any of the features of the Service. Cause for such termination or temporary restriction shall include:

• Breaches or violations of the Terms & Conditions;
• Breaches or violations of the Privacy Policy;
• Requests by government departments / agencies, the police / law enforcement agencies and / or lawyers / solicitors;
• A request by you;
• Discontinuance or material modification to the Service;
• Unexpected technical or security issues or problems; and
• Extended periods of inactivity.

Any action related to the Terms & Conditions, the Privacy Policy, Content, the Service, and your relationship with us shall be governed by, and construed and interpreted in accordance with, the laws of ‘England & Wales’.