TRAINER- TERMS OF USE

1. Introduction and Terms and Conditions of Use

1.1. The mobile application “CaloCoach” (“App”) is owned by Sophie Gillum-Webb (“Trainer” or “Trainers,” “we,” “our,” or “us”), having its principal place of business at [CW2 5GR].

1.2. The App allows personal trainers, wellness coaches, and nutritionists (collectively, the “Trainers”) to provide training and coaching and interact with their clients (the “Clients”). The App assists the Trainers in administering their business activities, such as managing Clients, creating workout plans, meal plans, recipes, and exercises, tracking Clients' progress, and uploading and storing documents, videos, and other files to support Trainers’ business activities. The App also allows Clients to interact with the Trainers and track their progress in the areas of fitness, diet, and a healthy lifestyle.

1.3. Any person using our App (“User” or “you”) is presumed to have read the Terms of Use (which includes the Disclaimer and Privacy Policy, provided separately on the App) and has unconditionally accepted the terms and conditions of use. These terms constitute a binding and enforceable agreement between the User and the Trainer.

1.4. The User of the App is governed by the following terms and conditions ("Terms of Use"), including the applicable policies, which are incorporated herein by reference. By merely using the App, the User is under a binding obligation to comply with these terms and conditions, including the policies mentioned hereinafter.

1.5. For the purposes of these Terms of Use, wherever the context so requires, "User” shall mean any natural or legal person who has agreed to these Terms of Use on behalf of herself/himself or any other legal entity.

1.6. For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes, and interactive features generated, provided, or otherwise made accessible on or through the use of the App, including the User Content (as defined hereinafter).

1.7. The Terms of Use may be revised or altered by the Trainer at its sole discretion at any time without any prior notice to the Users. However, in the event of significant changes affecting Users' rights or obligations, we will provide Users with prior notification through the App or email. The latest Terms of Use will be posted here. By continuing to use or access the App after changes are made, you agree to be bound by the revised/altered Terms of Use.

Jurisdiction

These Terms of Use and any disputes arising from the use of the App or related services will be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction over any such disputes.

2. Eligibility

2.1. Any person who is 18 (eighteen) years of age or older and competent to contract under applicable laws is eligible to use and download the App. By using and downloading the App, you represent and warrant that you are legally capable of entering into a binding contract. If you are under 18 or otherwise incapable of contracting under applicable laws, your use of the App is prohibited.

2.2. The User represents and warrants that the User will be solely responsible for all use of the App under their account, including any use by others who may access the App through the User’s account. The Trainer shall not be liable for any content posted by the User or for any damage or injury (physical or otherwise) arising from the User's actions or use of the App. The Terms of Use shall be void where prohibited by applicable laws, and the User’s right to use the App shall automatically be revoked in such instances.

3. Account and Registration

3.1. Account Creation

To use the App, you must first register and create an account with us (“User Account”). As a first step, you are required to download the App and create an account. Before creating your User Account, you will be prompted to read and accept these Terms of Use, the Disclaimer, and review the Privacy Policy. The personal data related to your User Account will be processed in accordance with our Privacy Policy. Your User Account is non-transferable, and you are solely responsible for any activities occurring through your User Account.

3.2. Protection of Information

Any information provided to us during the registration process or otherwise will be protected in accordance with our Privacy Policy, which is separately provided on the App.

3.3. Security of User Account

If you use the App, you are responsible for maintaining the confidentiality of your password and other details related to your User Account and for all activities that occur in or through your User Account. By using the App, you agree to immediately notify us of any unauthorised use of your User Account or any other security breach related to your User Account. We will not be liable to any person for any loss or damage arising from your failure to protect your password or User Account.

3.4. User Representations

Any Client registering and creating a User Account represents that they are duly authorised to do so. By accepting these Terms of Use, you bind any business entity associated with you to these Terms of Use. You may delete your Account at any time through the functionality available in your User Account. Upon deactivation of the User Account, these Terms of Use shall terminate.

3.5. Unauthorised Access and Account Suspension

If anyone other than yourself accesses your User Account, they may perform any actions available to you, make changes to your User Account, accept any legal terms therein, and make various representations and warranties. Any such actions or activities will be deemed to have occurred on your behalf and in your name. While the App has firewalls in place to protect User Content, we do not guarantee protection against unauthorised access by third parties. If you know or suspect that someone else knows your password or any unauthorised use of your password, you should notify us by contacting our Grievance Officer immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the App, we may require you to change your password or suspend your account without any liability. Furthermore, we reserve the right to suspend or terminate your User Account if, at our sole discretion, we have grounds to believe that your use of the App seriously and repeatedly breaches the Terms of Use. We may also suspend or terminate your User Account upon a lawful request from a public authority.

3.6. User Obligations

You agree and confirm that you will:

1. Provide Accurate Information: Provide accurate, current, and complete information whenever prompted by the App or required by the App’s registration form (“Registration Data”).
2. Maintain Updated Information: Maintain and promptly update the Registration Data to keep it accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, incomplete, or not current, or if we have reasonable grounds to suspect that such information is not in accordance with the Terms of Use (whether wholly or in part), we reserve the right to reject your registration and/or indefinitely suspend or terminate your membership and refuse your use of the App.
3. Indemnification: Indemnify and keep us indemnified from and against all claims resulting from the use of any detail/information/Registration Data that you post and/or supply to us. We are entitled to remove any such detail/information/Registration Data posted by you without prior notice.

4. Fees and Payment Terms

4.1. Service Fees

Your use of the App is subject to the applicable service fees (the “Fees”). The Fees and payment terms related thereto are communicated to you personally, upon your request, by email or phone. The Fees shall be charged in United States dollars (USD). The Fees are charged automatically on a monthly basis until you cancel your subscription. By purchasing a subscription to use the App, you agree to pay the Fees under these Terms. The Fees are subject to change without prior notice. Any changes to the Fees will be communicated to you, and, if necessary, we will request your consent to the changes in the Fees.

4.2. Taxes

All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Unless otherwise stated in the schedule of the Fees, you are responsible for paying all applicable taxes.

4.3. Payment Methods

You may use a valid credit/debit card or any other payment method (“Virtual Payment Modes”) which shall be processed by our third-party payment processor (“Payment Processor”) for payments, including the Fees and payments made by Clients. The Payment Processor is solely responsible for handling your payments. You agree not to hold us liable for payments that do not reach us due to incorrect payment information or if the Payment Processor refuses the payment for any other reason. The Payment Processor may collect from you some personal data, such as your name and payment details, to facilitate the payment. We do not store your credit card details in our systems.

4.4. Non-Refundable Payments and Cooling-Off Waiver

You agree and accept that all nuances and modalities relating to Virtual Payment Modes shall be separately governed by the Payment Processor. Payments made through the App, including subscription Fees, are non-refundable, except where required by law. Once the service begins and digital content becomes accessible, you acknowledge and agree to waive your right to the 14-day cooling-off period under UK consumer law. By accessing the App and its services immediately after payment, you consent to this waiver and accept that no refund will be provided once access has begun.

If you purchase a subscription plan in advance and subsequently cancel before the end of the subscription period, no refund will be provided for any unused portion of the subscription.

4.5. Payment Authorisation

We will not be liable for any loss, of any nature whatsoever, caused to you arising directly or indirectly from the decline of authorisation for any transaction, resulting from you exceeding your pre-set permissible payment limit under the Virtual Payment Modes, as applicable.

5. Availability

5.1. We will take all reasonable efforts to ensure that our services on the App are operational and available without interruption. However, you acknowledge that certain technical difficulties, routine maintenance, upgrades, or events beyond our control (including, but not limited to, force majeure events) may, from time to time, result in temporary service interruptions. We will use reasonable efforts to minimize such disruptions where possible.

5.2. We also reserve the right at any time to modify, suspend, or discontinue, temporarily or permanently, the App or any part thereof, with or without notice to you. We will make reasonable efforts to provide notice where possible for planned outages or modifications, but cannot guarantee that advance notice will always be provided.

5.3. We reserve the right to refuse service, terminate accounts, or suspend access to the App at our sole discretion, including (but not limited to) circumstances where we believe a User has violated these Terms of Use or engaged in any unlawful, fraudulent, or harmful activity. In such cases, we will provide notice of termination or refusal of service where reasonably possible.

5.4. You agree that we shall not be liable to you or any third party for any direct, indirect, incidental, special, or consequential damages resulting from any modification, suspension, discontinuance, or interruption of the App, or refusal of service. However, this limitation does not exclude any liability we may have under UK law, including for death or personal injury caused by our negligence, or for any other liability that cannot be lawfully excluded or limited.

6. User Content

6.1. Ownership of User Content

We may allow you to create, post, share, upload, and submit content on or through the App (“User Content”). You will retain ownership of the rights in your User Content. You acknowledge and agree that you are solely responsible for the User Content and assume all risks associated with it, including any reliance on its accuracy, completeness, or legality by others.

6.2. License to User Content

By submitting, uploading, or posting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to copy and store User Content as a back-up in our systems. However, we will not distribute, publish, or process the User Content to any third party unless required to do so under applicable law. You are responsible for ensuring that your User Content does not violate the Terms of Use or any applicable laws, including intellectual property laws.

6.3. Responsibility and Representation

You are responsible for your use of the App and Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third-party partners. We are not liable for any use of your User Content by us or any third party in accordance with these Terms. We do not guarantee confidentiality regarding any User Content you submit or post. By submitting or posting User Content, you represent and warrant that you have all necessary rights, power, and authority to grant the rights you provide to us under these Terms. You further represent and warrant that the use of your User Content does not violate the rights of any third party, including copyrights, privacy rights, publicity rights, trademarks, contract rights, or any other intellectual property or proprietary rights.

6.4. Content Moderation and Removal

In order to ensure the security of the App and Services, we may (but have no obligation to) monitor or review your User Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove User Content, in whole or in part, that we believe violates the Terms of Use, applicable laws, or may harm the reputation or goodwill of the App or Services. However, you remain solely responsible for your User Content. You may delete your User Content or User Account at any time, but we may retain copies of your User Content for backup or legal purposes in accordance with our Privacy Policy.

6.5. Personal Data and Privacy Compliance

You are strictly prohibited from disclosing or publicly sharing the personal data of any individual without their prior authorisation or consent to share that data. This includes, but is not limited to, names, photos, videos, and contact details of persons who have not expressly allowed you to do so. You represent and warrant that any personal data you submit or post complies with UK GDPR and other applicable data protection laws. If we become aware of any breach of personal data rights, we reserve the right to remove the relevant User Content and take any necessary legal action.

7. Other Representations, Warranties, and Covenants

7.1. User Responsibility for Content

You understand and agree that you are solely responsible for the Registration Data and User Content you provide and undertake that you will neither by yourself nor permit any third party to host, display, upload, modify, publish, transmit, update, or share any content or information on the App that:

• Belongs to another person and to which you do not have the right to share or use;
• Is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, seditious, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, disparaging, or encourages money laundering or gambling, or is otherwise unlawful in any manner;
• Harms or exploits minors in any way;
• Infringes any patent, trademark, copyright, or other proprietary rights of any person, anywhere in the world;
• Violates any law in force, including UK law, for example, content that violates the Defamation Act 2013, UK GDPR, or any other relevant legislation;
• Deceives or misleads the recipient about the origin of such messages or communicates any information that is grossly offensive, menacing, or fraudulent in nature;
• Impersonates any other person or entity;
• contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource or service;
• Threatens the unity, integrity, defence, or security of the UK, or public order, or incites the commission of an offence, prevents the investigation of an offence, or is otherwise harmful to national security;
• creates liability for the Trainer or causes the Trainer to lose (in whole or part) the services of the Trainer or other suppliers and/or Users;
• Involves unsolicited or unauthorised advertising, political campaigning, commercial solicitation, chain letters, pyramid schemes, mass mailings, or any form of 'spam' or solicitation; or
• is otherwise illegal in any way under applicable laws.

7.2. Reporting and Removing Inappropriate Content

You agree and understand that the Trainer reserves the right to remove or edit any content that violates the Terms of Use, applicable laws, or our policies. If you believe any content available on the App is inappropriate, violates the Terms of Use, breaches applicable laws, or infringes on your privacy or rights, you can contact us immediately at [privacy@calocoach.co.uk] to report the content in question. Once reported, we will review and, where necessary, remove such content in accordance with our content moderation policy.

7.3. Prohibition on Unauthorised Access

You shall not, directly or indirectly, attempt to gain unauthorised access to the App, other Users' accounts, computer systems, or networks connected to the App through hacking, phishing, password mining, or any other unlawful or unethical means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available to Users on the App. Any breach of this provision may result in suspension or termination of your account and may be reported to relevant authorities under applicable laws, such as the Computer Misuse Act 1990.

8. Force Majeure

8.1. Exclusion of Liability for Force Majeure Events

We will not be liable for any failure or delay on our part in performing any obligation under these Terms of Use, nor for any loss, damage, costs, charges, or expenses incurred or suffered by you, if such failure or delay is the result of or arises out of a Force Majeure Event, as defined in this section.

8.2. Definition of a Force Majeure Event

For the purposes of these Terms of Use, a "Force Majeure Event" means any event or circumstance beyond the reasonable control of the Trainer, including, without limitation:

• Unavailability of any communication system;
• Sabotage, fire, flood, earthquake, explosion, or other acts of God;
• Civil commotion, riots, strikes, lockouts, or other industrial actions;
• Breakdown of transportation facilities;
• Insurrection or hostilities (whether war is declared or not);
• Acts of government, including changes in law, governmental orders, or restrictions;
• Breakdown or hacking of the App that makes it impossible to perform obligations under these Terms;
• Or any other cause or circumstance beyond the control of the Trainer that prevents the timely fulfilment of the Trainer's obligations under these Terms of Use.

It is hereby clarified that the failure of the User to make a payment will not be considered a Force Majeure Event under any circumstances.

9. User’s Liability

9.1. Accuracy of Information

The User represents and warrants that all information provided by them is true, accurate, and complete. If any information is found to be untrue, inaccurate, or incomplete, the Trainer reserves the right to take any action deemed appropriate, without limitation, in accordance with these Terms of Use and applicable laws. This may include suspending or terminating the User’s account or restricting access to the App.

9.2. Compliance with Applicable Laws

The User represents and warrants that they are fully aware of and will comply with all applicable laws governing the use of the App, including data protection laws, intellectual property laws, and other relevant regulations. The User agrees that they are not violating, nor attempting to violate, any applicable laws through their use of the App.

9.3. Assumption of Risk and Limitation of Liability

The User acknowledges and agrees that the Trainer shall not be liable for any damages, including but not limited to bodily injury, arising from the use of the Services provided through this App. By using the App and its Services, the User assumes full responsibility for any risks associated with such use, including the accuracy and suitability of the Services to meet the User's needs. Nothing in these Terms limits or excludes liability for death or personal injury caused by the Trainer’s negligence, fraud, or any other liability that cannot be lawfully excluded under UK law.

10. Restriction on Use of Content

10.1. Ownership of Content

The information and content provided on the App is the exclusive property of the Trainer and is protected by applicable intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, or distribute any part of the App or its Content without the express written permission of the Trainer. The User agrees to use the App in accordance with these Terms of Use and applicable laws.

10.2. Prohibited Actions

The User shall not:

1. Interfere or attempt to interfere with the proper functioning of the services or any activities conducted on the App;
2. Take or attempt to take any action that might damage, disable, or overburden our infrastructure;
3. Bypass, circumvent, or attempt to bypass or circumvent any measures that the Trainer uses to prevent or restrict access to the services and/or Content;
4. Run any form of auto-responder or "spam" on the services and/or the Content;
5. Use manual or automated software, devices, or other processes to "crawl" or "spider" any part of the App and/or the Content, unless done in accordance with our robots.txt file;
6. Harvest, scrape, or otherwise collect information or Content from the App;
7. Copy, reproduce, decompile, reverse engineer, disassemble, decrypt, or attempt to derive the source code, underlying ideas, or algorithms of any part of the App or Content;
8. Modify, translate, or otherwise create derivative works of any part of the App or Content;
9. Retransmit, distribute, disseminate, sell, perform, make available to third parties, or exploit for any purpose (including personal, non-commercial use) any part of the App or Content without express prior written consent from the Trainer; or
10. Otherwise, take any action in violation of these Terms of Use.

10.3. Trainer's Right to Access and Disclose

The Trainer reserves the right to access, read, preserve, and disclose any information it reasonably believes is necessary to:

1. Comply with any applicable laws or governmental requests;
2. Enforce these Terms of Use, including investigating potential violations;
3. Detect, prevent, or otherwise address fraud, security, or technical issues;
4. Respond to User support requests; or
5. Protect the Trainer’s rights, property, or safety, as well as that of its Users and the public.

11. Limitation of Liability

11.1. General Limitation of Liability

Unless otherwise excluded or limited by applicable law, we will not be liable for any damages, including but not limited to incidental, punitive, special, or other related damages, arising out of or in connection with your use of the App or any content made available through the App. You agree not to hold us, or any of our Trainers or staff members, liable for any losses arising out of any event or circumstances beyond our reasonable control.

11.2. Exclusion of Liability for Indirect or Consequential Losses

We will not be liable to you for any indirect or consequential losses that you may incur, including but not limited to:

• Any health issues experienced by you as a result of your use of the App, including following any instructions, videos, plans, or other materials provided by the Trainers;
• Direct or indirect loss of profits;
• Loss of goodwill or business reputation;
• Loss of opportunities;
• Loss of data suffered by you.

11.3. Medical and Nutritional Disclaimer

You acknowledge and agree that the Trainer is not a certified nutritionist or medical advisor, and the content provided on the App, including but not limited to diet plans, meal suggestions, exercise routines, and fitness advice, is not a substitute for professional medical advice. Before making any changes to your diet, exercise routine, or overall lifestyle, you should always consult a qualified medical professional. This is especially important if you have any pre-existing medical conditions or health issues. The Trainer strongly advises that you seek the approval of a qualified medical professional before following any exercise, fitness, or diet plans provided through the App.

11.4. Assumption of Risk

1. By using the App and following any exercise or diet plans provided, you assume full responsibility for any risks associated with such activities. You agree that we are not liable for any physical injuries, health conditions, or complications that may arise from your use of the App, and you acknowledge that individual results may vary and results are not guranteed.

12. Indemnification

12.1. User’s Responsibility to Indemnify

You agree to indemnify, defend, and hold harmless us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, and FitBudd, from and against any and all claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) made by any third party arising out of or related to:

• your breach of these Terms of Use;
• your use of the App or Services;
• your violation of any applicable law; or
• your violation of the rights of any third party.

This indemnification obligation includes any claims arising from the content you post or share on the App, your conduct while using the App, or any failure by you to comply with applicable legal obligations.

13. Geographical Extent

13.1. Global Access

The App can be accessed from jurisdictions across the world. However, we make no representation or warranty that the materials or Content available through our App are appropriate, compliant, or available for use in all jurisdictions. Access to the App from certain countries may be restricted or subject to additional terms or conditions, which we cannot control.

13.2. User Responsibility for Compliance

If you access or use the App from a country or location outside of the United States of America, you are solely responsible for ensuring that your use of the App complies with the applicable laws and regulations of your jurisdiction. We are not liable for any violations of local laws or regulations resulting from your use of the App in a location outside the United States.

14. Intellectual Property Rights

14.1. Use of Content

The Content available through the App may be viewed and used solely for your personal, non-commercial use. Except as expressly provided herein, you are not granted any rights or licenses to patents, copyrights, trade secrets, or trademarks in relation to the App. All intellectual property rights in the App and its Content are reserved, and any rights not expressly granted to you under these Terms are retained by us or our licensors.

We do not permit copyright-infringing activities or the infringement of intellectual property rights on or through the App. If you become aware of any unauthorised use or infringement of the App or its Content, we request that you promptly notify us in writing. You agree not to use the Content in a manner that would infringe on the copyright, trademark, or other intellectual property rights contained therein.

14.2. User Feedback and Suggestions

You acknowledge and agree that any feedback, comments, or suggestions you provide to us are given voluntarily and without any expectation of compensation. We are free to use, modify, and incorporate such feedback, comments, or suggestions as we see fit, without any obligation or compensation to you. By submitting feedback or suggestions, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute your feedback for any purpose.

15. Jurisdiction and Applicable Law

15.1. For UK Users

These Terms of Use shall be governed by, and interpreted and construed in accordance with, the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction in relation to any proceedings arising out of or in connection with these Terms of Use for users based in the UK.

15.2. For Other Users

For users accessing the App from jurisdictions outside the UK, these Terms of Use shall be governed by and interpreted in accordance with the laws of the United States of America.

16. Complaints and Grievance Redressal

16.1. Reporting Complaints or Concerns

If you have any complaints or concerns regarding the content of this App, a violation of these Terms of Use, or any infringement of intellectual property rights, you must immediately inform the designated Grievance Officer. Complaints should be submitted via email, signed with an electronic signature where applicable, and should include all relevant details related to the complaint.

Grievance Officer:

• Name: [Sophie Gillum-Webb]
• Email: [complaints@calocoach.co.uk]

We will review and address your complaint promptly and in accordance with applicable laws. You may also escalate unresolved complaints through alternative dispute resolution methods or report to relevant authorities, where appropriate.

17. Miscellaneous

17.1. No Waiver

Even if the Trainer does not exercise or enforce a particular right or clause under these Terms of Use, this will not amount to a waiver of the Trainer’s rights under these Terms of Use. Any waiver of any provision of these Terms will be effective only if explicitly stated in writing by the Trainer.

17.2. Severability

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be enforced to the maximum extent possible to reflect the parties' original intentions, and the remaining provisions of the Terms of Use will continue to be in full effect. The illegality or unenforceability of any term shall not affect the legality or enforceability of the other terms of the App.

17.3. Term and Termination

These Terms of Use come into force on the date indicated at the top of the Terms of Use and remain in effect until updated or terminated by us, or until you stop using the App. We may terminate your access to the App at any time if we believe you have violated these Terms or for any other reason we deem appropriate. Upon termination, your rights to use the App will cease immediately.

17.4. Amendments

We reserve the right to modify these Terms of Use at any time, with such amendments becoming effective upon posting the updated version on the App. Amendments may be necessary due to changes in laws, regulations, new features of the App, or our business practices. If we have your email address, we will send you a notification about any material amendments that may be of importance to you. You are responsible for regularly reviewing the Terms of Use, and your continued use of the App after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through the App at any time, at our sole discretion.

17.5. Breach of Terms and Termination of Service

If we believe, at our sole discretion, that you have violated these Terms of Use, we may take any or all of the following actions:

• Send you a formal warning;
• Temporarily suspend your User Account;
• Delete your User Account;
• Temporarily or permanently prohibit your use of the App;
• Report your conduct to the relevant public authorities; or
• Commence legal action against you.

Termination of Service and Right to Refuse Service:

We also reserve the right to suspend or terminate your access to the App or your User Account at any time, for any reason, including but not limited to:

• Violation of the Terms of Use or any other applicable policies;
• Technical issues that prevent the App from operating effectively;
• Business restructuring or discontinuation of certain services;
• If you engage in any activity that, in our sole discretion, negatively impacts the integrity or operation of the App;
• For compliance with legal requirements or government requests.

In the event of termination, your rights to access the App and its content will cease immediately. We shall not be liable for any loss or damages resulting from the termination of your access to the App.

17.6. Assignment

You are not permitted to assign your rights or obligations under these Terms of Use to any third party without our prior written consent. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party without prior notice to you. If you do not agree to the transfer, you may terminate these Terms of Use immediately by deleting your User Account, canceling any outstanding Fees, and discontinuing use of the App.

17.7. Integral Documents

It is clarified that the Disclaimer and the Privacy Policy, provided separately, form an integral part of these Terms of Use of the App and should be read in conjunction with them.

DISCLAIMER

No Warranties

In addition to the disclaimers provided in the Terms of Use, it is further provided that this App and all Content are provided on an "as is" and "as available" basis without any representations or warranties, express or implied. [Sophie Gillum-Webb] (the "Trainer" or "we" or "our" or "us") makes no representations or warranties regarding this App or the information and materials provided on this App. Without prejudice to the generality of the foregoing, we do not warrant that:

• this App and/or the Content will be constantly available, or available at all; or
• the information on this App and/or the Content is complete, true, accurate, or not misleading.

Nothing on this App constitutes, or is meant to constitute, advice of any kind, including but not limited to medical, financial, or professional advice. While we strive to ensure that the information contained in this App is accurate and reliable, we make no warranties or representations regarding the accuracy, correctness, or reliability of such information, and we assume no liability or responsibility for any omissions or errors in the content of this App. The information and materials contained on this App are subject to change without notice, provided for general information only, and should not be used as a basis for making business, financial, or medical decisions.

Despite our best efforts to provide accurate information, we cannot ensure that all the information provided here is up-to-date. The App hosts information and Content provided by third parties, and we are not responsible for the accuracy, legitimacy, or truthfulness of third-party information. You agree not to hold us liable for the incorrectness of any such information. Any advice or information received through this App should not be relied upon without consulting primary, accurate, and up-to-date sources of information or obtaining specific professional advice.

The Content available on this App is protected by copyright law. You may not change, reproduce, modify, distribute, or publicly display any materials available on this App unless expressly authorised by us or the respective copyright owner(s).

Limitations of Liability

We will not be liable to you (whether under contract law, tort law, or otherwise) in relation to the Content, use of, or any other connection to this App for:

• any direct loss, to the extent that the App and/or the Content is provided free of charge;
• any indirect, special, or consequential losses;
• any business losses, loss of revenue, income, profits, anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of data;
• any errors or omissions in the App or the Content, including but not limited to technical inaccuracies and typographical errors;
• any third-party websites or content therein, accessed directly or indirectly through links in this App, including but not limited to errors or omissions therein;
• your use of this App and/or the Services; or
• your use of any equipment or software in connection with the App.

These limitations of liability apply even if we have been expressly advised of the potential loss. You further acknowledge that FitBudd will not be liable to you in any manner.

Further Disclaimers

The Content in the App may be considered offensive, harmful, objectionable, indecent, unlawful, inaccurate, or inappropriate to some people. The Content does not reflect our opinions or policies, and we do not endorse any Content on the App. We may, but are not obligated to, monitor Content, restrict or remove Content, and suspend or delete a User Account at our sole discretion if we determine the Content is inappropriate or for any other reason.

We assume no responsibility or liability for any Content, including but not limited to errors or omissions in the Content or any loss or damage of any kind incurred as a result of using or relying on any Content made available through the App. You agree to waive any legal or equitable rights or remedies you may have against us with respect to such Content. Any use or reliance on any Content by you through the App is at your own risk and liability.

Further Disclaimers and Accuracy of Third-Party Information

The Content available through the App may include information and materials provided by third parties, which may not be vetted or verified by us. While we strive to ensure the reliability of all Content, you acknowledge and agree that:

• Third-party content is provided for informational purposes only, and we do not endorse, guarantee, or make any warranties about its accuracy, reliability, or legality.
• You should not rely solely on such information when making decisions, particularly medical, financial, or business decisions. You agree to consult primary, up-to-date sources of information or seek professional advice where necessary.
• Any reliance on third-party content is at your own risk, and we disclaim any liability for inaccuracies or omissions in such information.

We are not responsible for any loss or damage arising from your reliance on third-party content or any errors in information provided by third parties.

Integral Documents

This Disclaimer and the Privacy Policy form an integral part of the Terms of Use of the App and should be read in conjunction with them. If any provision of these Terms is found to be illegal or unenforceable, the remaining provisions shall remain in full force and effect.

Capitalised terms used herein and not defined shall have the meaning assigned to them in the Terms of Use.