We are Projektt Technologies Ltd (company number 12664203) ("Projektt", "us", "we" or "our") and we own and operate the mobile application and web platform known as "Squaddy" ("Service"). You must be at least 13 years old to use the app and access the Service.
If you do not agree to the terms of this agreement, you may not access or use the app or register an account for the Service.
1. Service and app licence
1.1. Subject to you accepting and continuing to comply with the terms of this agreement, we grant you the limited, personal, revocable, non-exclusive, non-sublicenseable, non-transferable right to access and use the Service in accordance with this agreement and any other acceptable use requirements we specify.
1.2. Where applicable, we license you to access and use the app on the same basis. This licence:
1.2.1. starts when you download the app; and
1.2.2. covers content, materials, or services accessible from, or bought in, the app including our support resources. It also covers updates to the app unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
1.3. The licence granted under these is only for you personally (and anyone else that the app store lets you share the app with) and for non-business use (unless you have purchased a relevant licence from us for business/professional use).
1.4. This agreement is made between you and us. App store providers such as Apple and Google are not a party to this agreement and have no responsibility for the app or its content.
1.5. In this agreement, we refer to the site that you download the app from as the "app store" and we refer to their rules and policies as the "app store rules". You must comply with the app store rules as well as this agreement but, if there is any conflict between them, you should follow the app store rules rather than the equivalent rule here. If you have downloaded the app through Apple’s app store, you may be referred to as an "iOS User" in this agreement and related references to the "app store" and "app store rules" means those provided by Apple, including the Apple Media Services Terms and Conditions.
1.6. You do not own the app, Service or any of its or their contents (apart from your uploaded Content - see paragraph 7 below) but you may access and use the Service on devices that you own or control (and in the case of iOS Users, on Apple-branded products only), as permitted by the app store rules.
1.7. If you sell or give away the device on which you have downloaded our app, you must first remove the app from the device.
1.8. You are not allowed to
1.8.1. hack the app (which might include accessing its code, inserting new code, or modifying the way it functions in any way); or
1.8.2. pretend that the app is your own or make it available for others to download or use.
2. Technical requirements
2.1. In order to use our app, your device needs to comply with the following minimum requirements:
|Device compatibility||Android and iOS|
|Operating system||Require iOS 14 or later requires Android 12 or later|
2.2. Minimum hardware and internet browser requirements may apply to your access to our Service by means other than our app.
3. Support and contact
3.1. If you need to get in touch with us, you can use any of the following methods:
|Post||71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ|
3.2. We are responsible for customer service in relation to the app and Service and can help you if you are having any issues. iOS Users acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the app
3.3. If we need to get in touch with you, we will do so by email or via an in-app notification.
4. Privacy and your personal information
4.2. We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
5. Account and service access
5.1. You may be required to create an account in order to access and use the Service. Where you do so, you agree to keep any access credentials for the Service secure and not to share them with any third party or permit any third party to use your account. You are responsible for your access and use of the Service, even if the access or use is by another person using your device or access credentials. You agree to notify us if you know or suspect that the confidentiality of your access credentials has been compromised or that someone has had unauthorised access to your account.
5.2. We do not accept any responsibility for any loss or damage arising from unauthorised access or use of your access credentials and may suspend or terminate an account if we become aware or suspect that the access credentials have been shared or there has been any unauthorised access.
5.3. You agree not to create accounts through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
5.4. We will use reasonable efforts to ensure that the Service is available at all times. However, we do not promise or commit to making the Service available on a continuous, uninterrupted basis, nor that all functions and features available via the Service will remain in place. We reserve the right to suspend access to the Service as necessary for any maintenance, update, or upgrade, and we also reserve the right to modify, suspend or withdraw any functions and/or features available via the Service from time to time.
5.5. We may update the Service (including the app) from time to time for reasons that include fixing bugs or enhancing functionality. App updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store. We strongly suggest that you download updates as soon as they become available. Depending on the nature of the update, the app may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the app updated to the latest version that we make available.
6. Squads and interactive features
6.1. The Service enables you to create, join and participate in "squads", which are private groups where you can interact with other users. We are not responsible for the creation of squads or for the content uploaded and shared by other users of the Service.
6.2. You are solely responsible for your interaction with other users of the app. We reserve the right, but shall have no obligation to, monitor or intervene (where appropriate) in disputes between you and other users and take such action as we deem necessary.
6.4. You must not use any part of the Service to do any of the following:
6.4.1. break the law or encourage any unlawful activity;
6.4.2. upload, send, transmit or distribute anything that is (or might be considered to be) defamatory, offensive, abusive, obscene or discriminatory;
6.4.3. upload, send, transmit or distribute any unsolicited advertising or spam messaging;
6.4.4. infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content or using any content posted or owned by other Service users without their approval);
6.4.5. transmit any harmful software code such as viruses;
6.4.6. try to gain unauthorised access to computers, data, systems, accounts or networks; or
6.4.7. deliberately disrupt the operation of anyone’s website, app, server or business.
6.5. The Service may enable you to access third-party content, including workout and training programs published and shared by other users. We are not responsible for such content, nor do we endorse any of the programs, products, services or solutions referred to or accessible via the Service unless we expressly state otherwise. For more information on the extent of our responsibility to you, please see paragraph 9 below.
6.7. If you believe that any of the content, submissions or interactions accessible via our Service infringe your copyright or other intellectual property rights, please contact us at firstname.lastname@example.org. Please provide your details, together with sufficient information regarding the infringing content and evidence of your rights. We are not responsible for the conduct of users of the Service but will use reasonable efforts to restrict or remove any material that you can demonstrate infringes intellectual property rights.
7. Your uploaded content
7.3. You acknowledge and agree that, by virtue of the licence referred to in paragraph 7.2, the Content will be visible to other users of the Service who can interact with such Content in connection with their use of the Service. We are not responsible for third party use of your Content.
7.4. We reserve the right to suspend, remove and permanently delete any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by us, including, without limitation, in order to comply with our legal obligations.
7.5. You agree that the Service is not intended to act as a data storage or back-up solution and, accordingly, we will not be responsible for any loss or damage to or corruption of your Content. We encourage you to maintain your own backup of your Content. We will not be liable to you for any modification, suspension, or discontinuation of the Services.
7.6. We may, but shall have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates this agreement. We reserve the right to refuse access to any or all of the Service to anyone for any reason at any time.
8. External websites and services
8.1. The Service may enable you to access websites and services that we do not own or operate (referred to as "external services"). We are not responsible for these external services, nor have we examined or evaluated the suitability, accuracy or reliability of these external services.
8.3. From time to time, we may change or remove the external services that are made accessible through the Service.
8.4. In the event that any parts of the Service display advertisements and promotions, you agree to the placement of such advertisements and promotions as we see fit. You acknowledge and agree that clicking on any advertisement or promotion may take you to external services, for which we do not accept any responsibility.
9.1. Except as set out in this agreement, the Service is provided "as is" and without any guarantee, warranties or representations. To the fullest extent legally permissible, we disclaim any and all conditions and warranties, whether express or implied, including but not limited to those as to quality, fitness for purpose, non-infringement, title, quiet enjoyment, or freedom from viruses or malware.
9.2. The Service is provided to enable users to interact with each other and share workout programs and sessions, training plans, routines, and exercises. We do not conceive, design, monitor or verify any of these activities and do not accept any responsibility for you using or following them, or any injury caused as a result. We do not provide, and no part of the Service should be construed as providing, health, fitness or medical advice. You should consider consulting your doctor before starting any exercise regime, particularly if you have any medical condition(s) or are taking medication, are pregnant or have any related concerns.
9.3. Participation in the Service and the workout programs and sessions, training plans, routines, and exercises available within the Service are entirely voluntary and you may opt out at any time. To the fullest extent permissible by law, you hereby waive, release and discharge us, our employees, agents and representatives from any and all liability arising out of your participation in any workout programs and sessions, training plans, routines, and exercises accessible via the Service.
9.4. We do not accept any liability for the actions of users, including third party trainers you interact with via the Service and any breach by them of the terms of their service to you.
10. Our responsibility to you
10.1. If we breach this contract or are negligent, we may be liable to you for foreseeable loss or damage that you suffer as a result. By "foreseeable" we mean that, at the time this agreement was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
10.2. Except as set out in paragraph 10.1 and to the fullest extent legally permissible, we shall not be liable to you for any losses, whether in contract, tort, statutory duty or otherwise (including but not limited to direct, indirect, special, incidental or consequential losses or damages), that are directly or indirectly related to:
10.2.1. your access and use of the Services or that of third parties;
10.2.2. user-based or originating content, including but not limited to Content;
10.2.3. your inability to use the Services;
10.2.5. any third party claim of intellectual property infringement in relation to your Content or any other user content;
10.2.6. any damage to any devices, including any computer, mobile device, or other equipment or technology, including but not limited to any damage which results from any security breach or from any virus, bug, malware or fraud;
10.2.7. loss of, or damage to, any Content or other data; or
10.2.8. accuracy of information or results.
10.3. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, any special, exemplary, punitive, indirect or consequential damages of any kind, or any business loss or damage (except where specified in our Subscription Terms), including any loss of profit, loss of business, business interruption, or loss of business opportunity (whether direct or indirect and whether or not foreseeable).
10.4. Subject to the foregoing provisions, and to the extent permissible by law, our maximum aggregate liability to you under or in connection with this agreement (including your use of the Service) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £5,000.00. This does not apply to the types of liability set out in paragraph 10.5.
10.5. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
11. Intellectual property rights and licence restrictions
11.1. You acknowledge and agree that:
11.1.1. all intellectual property rights in and to the Service and associated software and content existing anywhere in the world belong to us or our licensors;
11.1.2. that rights in the Service are licensed (not sold) to you; and
11.1.3. that you have no rights in, or to, the Service other than the right to access and use it in accordance with this agreement.
11.2. You acknowledge that you have no right to have access to the Service, app or any other software provided by us in source-code form.
11.3. Our trademarks may not be copied, imitated or used, in whole or in part, without our prior written permission.
11.4. If any third party claims that our app or your possession and use of the app infringes their intellectual property rights, we (and not the app store) will be responsible for investigating the claim and, where appropriate, for defending, settling and/or discharging it.
11.5. You agree not to do any of the following (or permit anyone else to do so):
11.5.1. interfere with or disrupt the operation of the Service, app or the servers or networks used to make them available, or violate any requirements, procedures, policies or regulations of such networks;
11.5.2. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Service or any Content;
11.5.3. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Service (including associated software). If you wish to reverse engineer any part of the Service to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
11.5.4. use the access to the Service to create any competing product, service or solution;
11.5.5. remove any copyright, trade mark or other proprietary rights notice from the Service, Content or other materials originating from or accessible via the Service;
11.5.6. frame or mirror any part of the Service or Content without our express prior written consent;
11.5.7. create a database by systematically downloading and storing any Content; or
11.5.8. use any manual or automatic device in any way to gather Service content or reproduce or circumvent the navigational structure or presentation of the Service without our express prior written consent (except public online search engines, which are granted limited permission to use search retrieval applications to reproduce materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service).
12. Ending this agreement
12.1. We can end this agreement if you do not comply with any part of it or if our agreement with the app store ends for any reason whatsoever.
12.2. We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. "Serious" means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
12.3. The consequences of the agreement ending are as follows:
12.3.1. you are no longer allowed to access and use the Service or associated Content in any form and we may remotely limit your access to it;
12.3.2. you must delete our app and any other software provided by us from any devices that it has been installed on; and
12.3.3. we may delete or suspend access to any accounts that you hold with us.
12.4. You have the right to close your account and cease use of the Service via your profile within the Service. We do not retain or archive a copy of your data or Content in the event that you delete your account, though some Content may continue to be made accessible via the Service as described in this agreement.
13. Prohibited territories and persons
13.1. By downloading and accessing the app and Service, you represent and warrant to us that you are not:
13.1.1. located in a country that is subject to a UK, EU, or US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and
13.1.2. on any UK, EU, or US Government list of prohibited or restricted parties.
13.2. If either of the situations in paragraph 13.1 apply to you, you are not permitted to download and access the app and/or Service.
13.3. We do not warrant or represent that your use of the Service is lawful in any particular jurisdiction and you are responsible for ensuring that your access and use of the Service complies with all local laws and regulations. You warrant to us that your activities are lawful in every jurisdiction in which you access or use the Service.
14. Third parties.
14.1. If you are an iOS User, Apple and Apple’s subsidiary companies are third party beneficiaries of this agreement. This means that if you breach any of its terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.
14.2. Other than Apple and Apple’s subsidiaries, no one other than us or you has any right to enforce any term of this agreement.
15. Transferring this agreement
15.1. We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
15.2. You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
16. Entire agreement
This agreement, together with any documents referred to in them constitute the entire agreement between you and us and govern your use of the app, superseding any prior agreements between you and us.
17. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
18.1. If any provision of this agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this agreement shall not be affected.
18.2. If we fail to insist that you perform any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19. Governing law and jurisdiction
The laws of England apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live. Any disputes will be subject to the jurisdiction of the English courts, except that if you are resident in Scotland, Wales, or Northern Ireland, you may bring a claim in your local court.
SUBSCRIPTION TERMS - THIS SECTION APPLIES TO USERS WHO ENTER INTO A FREE TRIAL OR PAID SUBSCRIPTION
We use several defined terms throughout these Subscription Terms, which are indicated by the use of capitalised letters. These defined terms shall have the following meanings, unless the context requires otherwise:
Free Trial means a period of time in which a user is permitted to access and use a Subscription on a free of charge basis in order to evaluate it.
Initial subscription period means the initial period for which a Subscription is purchased, which shall be one month unless otherwise stated when you enter into a Subscription.
Renewal period means each Subscription renewal period which, unless otherwise specified within the Service, will be monthly.
Subscription means a paid subscription to the Service, enabling you to access additional features and functionality or, if you’re a professional trainer, to access our web platform and use the Service for your own commercial purposes as well as for personal use. Further details regarding the available Subscriptions are shown within our app and on our website.
Subscription price means the price payable by you to us for a Subscription, as shown when purchasing the Subscription and as amended by us from time to time. The Subscription Price may vary depending on the type of Subscription and the country where you are located.
Subscription period means the period for which a Subscription continues, comprising the Initial Subscription Period and any Renewal Period.
2.1. Our Service may enable you to purchase a Subscription. The details of the Subscription, including the Subscription Price, Initial Subscription Period, and any other applicable terms, will be displayed during the order process. You are responsible for ensuring that the Subscription is right for you prior to purchasing the Subscription.
2.2. You agree that all information provided by you when purchasing a Subscription, including your name, address, and payment details, are complete and accurate. You also agree to immediately notify us of any changes to such information.
2.4. If you are a consumer, you agree that we begin providing the Subscription Service to you immediately and, accordingly, the right to cancel provided by statutory law does not apply to this agreement.
3.1. If you are provided with access to a Free Trial, you agree that this gives you a limited, personal, non-transferable, non-sublicenseable right to access the Subscription for evaluation purposes only. The duration of the Free Trial will be displayed within our Service but, in any event, we may suspend or withdraw a Free Trial at any time and for any reason.
3.2. Each individual is entitled to one Free Trial only. You agree not to circumvent this, for example through the creation of multiple accounts, and we reserve the right to suspend or delete any account we believe to be in breach of this restriction.
3.3. On expiry of a Free Trial, you will automatically be entered into a Subscription, subject to the Subscription Price and Initial Subscription Period shown when you entered into the Free Trial. You have the right to prevent this by cancelling the Subscription at any time during the Free Trial.
4. Subscription period
4.1. You agree that the Subscription will continue for at least the Initial Subscription Period. You have the right to cancel a Subscription, or close your account for the Service, during the Initial Subscription Period but accept that such cancellation or closure shall only take effect on expiry of the Initial Subscription Period and no refund or credit shall be payable to you in relation to any unused portion of the Subscription.
4.2. At the end of the Initial Subscription Period, the Subscription shall automatically renew for successive Renewal Periods, unless and until cancelled by you via the Service or via the app store through which you have purchased a Subscription. You agree that, if you do not cancel a Subscription prior to the next applicable renewal date, the Subscription will automatically renew and you will be bound to this agreement and to pay the Subscription Price for the next Renewal Period.
5. Subscription price
5.2. We reserve the right to vary the Subscription Price from time to time. Any variation will only apply at the next applicable Renewal Period and we will provide details of the variation to you prior to the renewal date.
5.3. If any payment of the Subscription Price fails or is cancelled, we will notify you and give you the opportunity to provide an alternative payment method. If you fail to do so promptly, we reserve the right to suspend or terminate your Subscription, without affecting any other rights or remedies we may have.
5.4. If your payment card is denominated in a currency other than the one in which the Subscription Price is payable, you acknowledge and agree that you may be charged additional administration and/or conversion fees by your bank or card provider. We have no control over these and you are fully responsible for them.
6. Effect of cancellation/termination
7. Business liability
7.1. If you are purchasing a Subscription available for professional and commercial use, you agree:
7.1.1. that you are acting as a business and not as a consumer, and accordingly consumer protection laws do not apply to you;
7.1.2. that you are fully responsible for your own acts and omissions via the Service; and
7.1.3. that you are responsible for your dealings with other users, including any terms on which you provide services to them, and we have no responsibility or liability in connection with the same.