Terms and Conditions

Effective 01/10/2020

The SportandHealth App is a piece of software created to SportandHealth designs products and tools that help you develop more effective training programmes. It is customized for mobile devices. SportandHealth aims to encourage you to have a healthier lifestyle and promote better training principles within sport and general exercise.

Furthermore, the Sport and Health App is used to help develop individualized training programmes using data supplied by the user.

This is an agreement between you and SportandHealth Limited, located at 36 Dents Close, Hertfordshire SG62TP, United Kingdom.

You cannot create a SportandHealth account, access or use any of our products or services without accepting our Terms and Conditions. You accept these terms by using and/or accessing any part of the SportandHealth Service even if you do not create an account. If you do not accept our Terms and Conditions, please do not access, or use any of SportandHealth’s Services

To use the SportandHealth Application you will need to create an account with us that will require your full name and email address, including a strong password. You will also have to input the following data to create your individualised exercise programme. SportandHealth will use an algorithm developed by SportandHealth Limited to produce your exercise programme using the data you supply. You will be asked to input:

  • Height
  • Weight
  • Sex
  • Body Shape
  • Fitness Level
  • Smoking and Drinking activity
  • Weekly Activity

You accept that this information is being requested to try and provide a more effective training programme for the user. You accept that all activity on your account is your responsibility and SportandHealth is not liable for any losses or damages caused by your inability to maintain the confidentiality of your credentials.

Please contact support@sportandhealth.world if you suspect any breach of security in your SportandHealth account.

Privacy Policy

Please read our Privacy Policy for all information regarding our data practices which also includes our Cookie Use Statement. If you access or use any of SportandHealth’s Services, you agree to our collection and use of your data as laid out in our Privacy Policy.

The SportandHealth Service

In using the SportandHealth Application or any of SportandHealth’s Services you agree that you are 18 years of age or over – or you are using The SportandHealth App or any of SportandHealth’s Services under the supervision of a parent or guardian and you are therefore able to legally enter this contract. If you are under the age of 18, or under the Legal Age of Majority where you reside, then you agree to review these Terms and Conditions with your parent or guardian and that both parties understand and agree to these Terms and Conditions. If you are the parent or guardian agreeing to these Terms and Conditions, then you accept full responsibility for your child’s use of SportandHealth’s Services and you also accept all financial charges and any legal liability that they may incur.

Anyone using the SportandHealth App in the European Economic Area (which includes the European Union), and any other included country or territory (collectively referred to as the European Region), must be at least 16 years old (or such greater age required in your country). These Terms and Conditions and consent to data processing must be declared by a Parent or Guardian or done with their approval.

What You Can Do When Using The SportandHealth Application Or Any Of SportandHealth’s Services?

You are given a limited, non-transferable, non-exclusive, non-sublicensable, revocable license to install and use the Licensed Application. This license includes any third-party software embedded in The SportandHealth Application and is provided solely for your personal and non-commercial use. This license will also govern any updates of the Application provided by us that replace, repair, and/or supplement the first Application.

You grant SportandHealth Limited the right to a non-exclusive, worldwide, sub-licensable, transferable, royalty-free license to use, reproduce, publicly display, modify, reproduce create derivative works and distribute your content, including your name or likeness in any media by uploading or sharing in any way your content to any of SportandHealth’s Services.

This license will apply to any form of media or technology and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We have no obligation to monitor your Contributions. You retain full ownership of all your Contributions. You expressly agree to exonerate us from all responsibility and to refrain from any legal action against us regarding your Contributions.

You may not share, sell, rent, lend, lease, or make the Application available to third parties without SportandHealth Limited’s prior written consent. You may not redistribute the Application.

You agree not to copy, use, mirror, display, or frame any of SportandHealth’s Services without our written authorization. This refers also to SportandHealth’s logo, layout, and Application design.

You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof without SportandHealth Limited’s prior written consent. You may not test the vulnerability of any of SportandHealth’s systems or breach any security or authentication measures devised by SportandHealth

You may not copy or alter the Application or parts of it. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. You agree to not violate any of the obligations mentioned in these Terms and Conditions. Any such infringement may be subject to prosecution and damages.

SportandHealth Limited reserves the right to modify the terms and conditions of licensing.

Nothing in this license should be interpreted to restrict third-party terms. When using the Application, you must ensure that You comply with applicable third-party terms and conditions.

TECHNICAL REQUIREMENTS

The SportandHealth Application requires use of a computer or mobile device with adequate and up-to-date software and internet access. You are responsible for all internet charges and all carrier data plan and other charges and taxes associated with use of our service. Please check with your internet provider or data provider with regards to all and any fees.

You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.

SportandHealth attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You consent to downloading and installing updates to the SportandHealth Application

Terms of Use and User Generation of Content

The SportandHealth Application and SportandHealth Services may allow you to post, submit, contribute to, upload, link to, send, share, distribute or display and materials. It will also allow the sharing of materials via linked social media services and accounts. This material could be in the form of photographs, text, writings, video, audio, graphics, comments, suggestions, or personal information

You are aware of and agree to this material being viewable by other users of the Application and through third-party websites or applications. Any material you upload, transmit or share may be treated as non-confidential and non-proprietary.

You are responsible for your content and represent that any of your Content on the SportandHealth Service and your use of the SportandHealth Service will not:

  • Violate the privacy or publicity rights of any third party
  • Otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation
  • Violate any applicable law, regulation, or rule
  • Contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner
  • Violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors
  • Harass or threaten (in the legal sense of those terms) any other person or promote violence against a specific person or class of people
  • Ridicule, mock, disparage, intimidate, or abuse anyone
  • Include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap
  • Be obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us)
  • Be unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation
  • Be false, inaccurate, or misleading.
  • Attempt to share any content that contains software viruses or is designed to damage, destroy, limit functionality or that contains harmful files
  • Infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party

In using the SportandHealth Service you represent that:

  • You are the creator and owner of the Content or you have the necessary licenses, rights, consents, releases, and permissions to authorize SportandHealth to use said Content as laid out in these Terms and Conditions
  • You have the necessary licenses, rights, consents, releases, and permissions in uploading, transmitting, or sharing any content that involves any identifiable person other than yourself

We reserve the right to terminate or suspend your SportandHealth account if you violate these Terms of use.

LIABILITY

You agree that the use of any of SportandHealth’s Services or the SportandHealth Application is entirely at your own risk. You agree that SportandHealth does not make any warranty that the services will meet your requirements or that access to the SportandHealth Application or any of SportandHealth’s Services will be uninterrupted or error-free. The company makes no warranties as to the accuracy, quality or reliability of information gained through the SportandHealth Application or through any of SportandHealth’s Services. The company disclaims any warranties for other services received through or advertised on SportandHealth’s Application or any of SportandHealth’s Services.

SportandHealth’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

SportandHealth takes no accountability or responsibility for any damages caused due to a breach of duties according to this Agreement. To avoid data loss, you are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use.

CONSULT YOUR DOCTOR BEFORE USING THE SPORTANDHEALTH SERVICE

You understand that our Services are intended for use only by individuals healthy enough to perform high levels exercise and, may not be suitable or recommended to all individuals, including but not limited to, pregnant women or people who suffer from an underlying medical condition. It is essential that all information provided by you is true, complete, and correct and further, requires that you not omit any relevant information regardless of whether we have asked about such information. Furthermore, in becoming a user of the Services, you affirm that a Physician/Doctor or medical expert has specifically approved your use of the Services, or that all the following statements are true:

  • no Physician/Doctor has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician
  • you have never felt chest pain when engaging in physical activity
  • you have not experienced chest pain when not engaged in physical activity at any time within the past month
  • you have never lost your balance because of dizziness and you have never lost consciousness
  • you do not have a bone or joint problem that could be made worse by a change in your physical activity
  • your Physician/Doctor is not currently prescribing drugs for your blood pressure or heart condition
  • you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems
  • you are not pregnant, breastfeeding or lactating
  • you do not have a condition of high-cholesterol, diabetes, obesity, or arthritis; and
  • you do not know of any other reason you should not exercise

If you feel unwell at any point during your exercise, stop immediately and seek medical advice from a professional.

The SportandHealth Application and any of SportandHealth’s Services do not offer Medical, Scientific or any such professional advice. They are to be used as an educational tool. The SportandHealth Application and any of SportandHealth’s Services should not be used for Medical or Healthcare advice. Any such advice should be obtained from a Healthcare Professional who is aware of your individual circumstances.

SportandHealth Ltd will not be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our Services. While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified Coach, Instructor, Personal Trainer, or Physical Therapist, especially if you are new to any of the forms of training or activity you seek to perform.

The SportandHealth Service is not intended to diagnose, treat, cure, or prevent any disease. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the SportandHealth Service. If you engage in any exercise program you receive or learn about through the SportandHealth Service, you agree that you do so at your own risk and are voluntarily participating in these activities.

Prolonged contact with exercise equipment may contribute to skin irritation or allergies in some users. To reduce irritation, follow four simple wear and care tips: (1) keep it clean, (2) keep it dry, (3) if you attach any of the equipment to your body, make sure it is not too tight. If you notice any skin irritation, soreness, tingling, numbness, burning or stiffness while or after using the exercise equipment please discontinue use. If any symptoms persist longer than 2-3 days, consult your Physician/Doctor. If you have any issues with exercise equipment used whilst utilising any SportandHealth Service, please contact the supplier of the equipment directly for assistance.

SportandHealth Services will offer guidance on ‘Heart Rate Training Zones’. These are provided as a guide only and to help (1) improve training outcome and (2) reduce risk of over-exertion. You should however consult your doctor prior to using the ‘Heart Rate Training Zones’ if you (1) have a medical or heart condition, (2) are taking any photosensitive medicine, (3) have epilepsy or are sensitive to flashing lights, (4) have reduced circulation or bruise easily, or (5) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders (6) suffer from any medical condition that may be exacerbated by exercise. If the ‘Heart rate Training Zones’ are leading to any form of discomfort, over-exertion, dizziness, breathlessness or are leading the user to feel unwell in any way – you should immediately stop training and consult your Physician/Doctor on appropriate ‘Heart Rate Training Zones’ for yourself.

Indemnification

You agree to indemnify and hold harmless SportandHealth Limited, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable solicitor’s or lawyer’s fees) directly or indirectly related to your breach of the Terms of Use, any Content you submit, post, or transmit through the Services and/or your use of the any of SportandHealth’s Services.

WARRANTY

No warranty is provided for the Application if it:

  • Is not executable on the device, that it has been installed on
  • Has been modified without authorization or installed with inappropriate hardware or software
  • It not used with appropriate accessories, regardless if by Yourself or by third parties.

You are required to inspect the Application immediately after installing it and notify SportandHealth Limited about issues discovered without delay by e-mail

support@sportandhealth.world

SportandHealth will investigate the issue if it has been mailed within a period of ninety (90) days after discovery. If we confirm that the Application is defective, SportandHealth Limited reserves the right to remedy the situation either by means of solving the defect or substituting the product. SportandHealth warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download.

CONTACT INFORMATION

For general enquiries, complaints, questions, or claims concerning the licensed Application, please contact:

SportandHealth Limited,

31 The Snipe

Westom

Hertfordshire SG47BE

United Kingdom

support@sportandhealth.world

Hyperlinks

SportandHealth Limited grants you the right to a limited, non-exclusive, and non-transferable right to create a text hyperlink to the SportandHealth Service for non-commercial reasons. Any link however must not portray us in a false or defamatory manner. The linking site must not contain any of the following:

  • Adult material
  • Illegal material
  • Offensive material
  • Harassing material
  • Material that is objectionable in any way

TERMINATION

If You fail to adhere to any term(s) of this license SportandHealth Limited reserves the right to terminate your license. Your rights under this license will terminate automatically and without notice from SportandHealth upon termination by us or yourself/yourselves.

DMCA Policy

SportandHealth Ltd respects the intellectual property of others. We expect all our users and clients to do the same. Infringement of such rights by our users and clients could lead to the disabling or termination of their account/accounts and we reserve the right to use our discretion when making said decisions.

Feedback and Submissions

SportandHealth Limited reserves the right to reproduce, disclose or distribute any comments or feedback that you the user may submit without any compensation.

Alerts and Notifications

SportandHealth my need to provide you with up-to-date information in the form or alerts, emails, text messages and general electric communication. You agree to receiving these communications. You can control most alerts on your ‘Settings’ page in the SportandHealth Application. You are responsible for any data or messaging fees charged by your provider/wireless carrier.

Contests, Giveaways or Special Offers

Third parties using the SportandHealth Application or any of SportandHealth’s Services may provide additional Terms and Conditions related to their products or services. You agree that it is solely your responsibility to carefully review those terms. You agree that SportandHealth Limited is in no way responsible for third party Terms and Conditions.

INTELLECTUAL PROPERTY RIGHTS

SportandHealth Limited owns all intellectual property developed for the Application and for any of SportandHealth’s Services. None of said ‘intellectual property’ is to be used, copied, transmitted, or sold without written authorization from SportandHealth Limited.

APPLICABLE LAW

This license agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.

Our Right to Enforcement

We reserve the right to remove or disable access to the SportandHealth Application or any of SportandHealth’s Services if your break these Terms and Conditions. We reserve the right to investigate any violations of these Terms and Conditions.

You use the SportandHealth Application or any of SportandHealth’s Services at your own risk. We aim to provide useful, accurate information to help generate a healthier lifestyle and more effective training programmes. The accuracy of our data however is not intended to match medical data or that given by scientific devices. Professional medical advice should always be sought before using any of our Services. Please also comply with all safety notices given by our Services.

THIRD-PARTY SERVICES

The SportandHealth Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services, and resources (collectively “Third-Party Services”) that are not under SportandHealth’s control. This may include the opportunity for you to link your SportandHealth account, SportandHealth data, or the SportandHealth Service with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the SportandHealth Service, such as third party applications accessed on SportandHealth devices, are not part of the SportandHealth Service and are not controlled by SportandHealth, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the SportandHealth Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

LIMITATION OF LIABILITY

SportandHealth Limited, its suppliers and other parties involved with creating or delivering any of our Services will not be liable for any incidental, special, exemplary, or consequential damages. These include:

  • Computer damage
  • Loss of data or goodwill
  • Lost profit
  • Service interruption
  • System failure and/or costs related to using a substitute service related to the inability to use any of SportandHealth’s Services

DISPUTE RESOLUTION

Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the United Kingdom without regard to its conflict of laws principles.

Before filing a claim against SportandHealth, you agree to try to resolve the Dispute informally by contacting support@sportandhealth.world We will try to resolve the Dispute within 30 days informally by contacting you via email.

CHANGES TO THE SPORTANDHEALTH SERVICE

SportandHealth may change or discontinue, temporarily or permanently, any feature, component, or content of the SportandHealth Service at any time without notice. SportandHealth is not liable to you or to any third party for any modification, suspension or discontinuance of any feature, component, or content of the SportandHealth Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by SportandHealth products without prior notice to you.

DISCLAIMERS

We make no warranty that the SportandHealth Service or SportandHealth Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the SportandHealth Service or any SportandHealth Content. SportandHealth Limited disclaims all express or implied warranties arising out of these Terms and Conditions or related to any of SportandHealth’s Services.

Paid Services

The SportandHealth Application will offer a free and paid (Premium) service. You can cancel your subscription at any time on the ‘Subscriptions’ page and your payments will stop at the end of the month that you cancel. If you do not cancel your subscription, it will automatically renew every month. You will be informed of the subscription fees on the ‘Subscription’ page.

We do not offer refunds on subscriptions. If you cancel – you cancel only for future subscriptions. If we offer a free trial, the details will be provided in the marketing materials describing said trial. Once the free trial ends, we will begin charging the normal subscription rate unless you decide to cancel. You will be notified in advance of any price changes.