top of page

APP TERMS OF USE


PLEASE READ THESE LICENCE TERMS OF USE CAREFULLY
 

BY CLICKING ON THE "I AGREE" BUTTON ON THE ACCOUNT REGISTRATION PAGE, YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. 
 

Who we are and what this agreement does
 

The Spott Fitness Limited (we, us, our), of 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ licence you to use:
 

  • The Spott application software (App) and any updates or upgrades to it; and 
     

  • the service accessible through the App including the data contained in it (Services), as set out in these terms.


The App
 

The App is intended to facilitate the tracking of health and fitness data and relationships between trainers and their clients. 
 

The App is not intended to provide you with any personalised fitness or health advice. The App will read the heart rate monitor data as provided by your heart rate monitor (not provided by us) and display the results on the App.
The App does not provide any medical advice and should not be used as an alternative to consulting a medical professional under any circumstances. 

 

We do not check the qualifications or suitability of the trainers that use our App to provide training sessions to you and we are not responsible for any actions, content, advice, instructions or otherwise that may be provided by trainers via the App. Neither can we be held responsible if you suffer any injury as a result of following any content provided by the trainers through the App. We have no obligation to monitor, review, filter, moderate or remove any content on the App.
 

You should 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 Google Play and Apple App Store) meet your requirements before using the App.

You should not use the App and you should stop exercising immediately if you feel faint, dizzy or otherwise unwell. You accept that the use of the Services is solely at your own risk.
 

Your privacy
 

The way we collect and handle any personal data through the App and the Services are set out in our privacy policy here.
 

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others.
 

Apple App Store and Google Play Stores’ terms also apply
 

The ways in which you can use the App may also be controlled by the Apple App Store’s and Google Play Store’s rules and policies and any such rules and policies will apply instead of these terms where there are differences between the two. 
 

Operating system requirements
 

Our App requires a computer, mobile phone or handheld device with an iOS, Android operating system or Chromium browser in order to be downloadable and usable by users. 
 

Support for the App and how to tell us about problems
 

Support. If you have any problems using the App or the Services, please contact us at https://the-spott.freshdesk.com/support/home
 

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 visit https://the-spott.freshdesk.com/support/home
 

How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.
 

How you may use the App, including how many devices you may use it on
 

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

  • download or stream a copy of the App and view, use and display the App and the Services on such devices for your personal purposes only; and 
     

  • receive and use any free supplementary software code or free update of the App incorporating "patches" and corrections of errors as we may provide to you.
     

You must be 18 to accept these terms and use the App
 

You must be 18 or over to accept these terms and use 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 and 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.
 

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 to the App. 
 

We will give you at least 30 days notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App. 
 

If you do not accept the notified changes we may endeavour to enable you to continue to use the App and the Services in accordance with the existing terms, but certain new features may not be available to you. It will be at our sole discretion not to permit your further use of the App and the Services. 
 

Update to the App, changes to the Services and availability 
 

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. 
 

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. 
 

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

The App relies on the use of internet, which is outside of our control. We do not guarantee that the App will run uninterrupted or that it will be error free. 
 

We reserve the right to update the App at any time and the App may be unavailable when we perform maintenance services or upgrades to it.
 

If someone else owns the phone or device you are using
 

If you download or stream 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 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 the Services to you.
 

We may ask for permissions to use some of your phone or handheld device’s functionalities. 
 

The Services will require permissions to use some of your phone or handheld device’s functionalities. 
 

The table below sets out what permissions may be required and why we need those in the course of your use of the App and the Services. 

​

THE SPOTT terms of Service
HE SPOTT terms of Service
HE SPOTT terms of Service

We are not responsible for other websites we link to or third party apps that you integrate with the App
 

The App or the Services may contain links to other independent websites or apps which are not provided by us. Such independent sites and apps 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). 
 

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. You will be responsible for reading and accepting the terms and conditions and privacy policies of any third party websites or apps that the App links to. 
 

Licence restrictions
 

You agree that you will:
 

  • 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 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 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 the Services.
     

Acceptable use restrictions

​

You must: 
 

  • not use the App or the Services 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, the Services 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 the Services (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 the Services;
     

  • not use the App or the Services 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 the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services.
     

Intellectual property rights
 

All intellectual property rights in the App 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 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, 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.
 

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.
 

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
 

We are not liable for any third party websites or apps you integrate with the App. Third party websites you link to or third party apps that you integrate with the App are outside of our control and we are therefore not liable to you for any loss or damage you may suffer through using third party websites or apps you integrate with the App.
 

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.
 

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.
 

No back-up of content or data used with the App. Please note that there is no back up of any content and data used in connection with the App.
 

Check that the App and the Services are suitable for you. The App and the Services have not been developed for you or to meet your individual requirements. You should ensure that the facilities and functions of the App and the Services (as described on the appstore site) 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. 
 

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 the Service 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 the Services:
 

  • You must stop all activities authorised by these terms, including your use of the App and the 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, for any third party 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.
 

Alternative dispute resolution
 

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 want to contact the alternative dispute resolution provider we use. You can submit a complaint to the CEDR via their website at www.cedr.com. The CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

​

​

bottom of page