PLEASE READ CAREFULLY BEFORE DOWNLOADING OR USING THIS APPLICATION.
- We will strive to deliver the best possible service and product.
- Bodireel does not provide medical, fitness or other advice. You participate in exercise activities entirely at your own risk.
- Third-party Sites and Services are not under our control and we do not endorse them.
- If you use Bodireel in a manner that is unlawful or break the terms and conditions of this EULA we can remove your account.
- By clicking 'Accept', you agree to the terms and conditions of this EULA.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Bodireel Limited of 39 Chobham Road, Woking, GU21 6JD (Licensor, us or we) in connection with Bodireel’s suite of health and fitness software applications and services including:
- Our Bodireel applications on all platforms, including web based and mobile based applications (including those available on smartphones and tablets).
- Other versions of the Applications branded by third parties under licence; Together the “Applications”
To the extent you have subscribed for the Applications, we licence use of the Applications to you on the basis of this EULA and subject to any rules or policies applied by any provider of the Applications or operator from whose site, the End-user downloaded the Applications (App Rules). We do not sell the Applications to you. We remain the owners of the Applications at all times.
- If you do not agree to the terms of this licence, we will not license the Applications to you and you must not access or download the Applications.
- If you are subscribing to the application as a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading or using the Applications. You will lose the right to cancel the transaction once you begin to download or use any of the Applications.
- The terms of this EULA apply to the Applications or any of the services accessible through the Applications (Services), including any updates or supplements to the Applications or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Applications or any Service, the terms of an open-source licence may override some of the terms of this EULA.
- We and our third party providers may make improvements and/or changes to the Applications or any Services, including to the price of fees charged for the Applications or any Services, at any time without prior notice. From time to time updates to the Applications may be issued. Depending on the update, you may not be able to use the Applications or Services until you have downloaded the latest version of the Applications and accepted any new terms.
- We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Applications or any Services or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any or all of the Applications and Services or any portion thereof.
You will be assumed to have obtained permission from the owners of the computer, mobile telephone, tablets, or other devices (Devices) that are controlled, but not owned, by you and to download or stream a copy of the Applications onto the Devices. You and they:
- may be charged by your and their service providers for internet access on any Device; and
You accept responsibility in accordance with the terms of this EULA for the use of the Applications or any Service on or in relation to any Device, whether or not it is owned by you.
- By using the Applications or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
- We will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the Applications on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
- We are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any third party (including Pro and other users). As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content.
- The Applications or any Service may contain links to other independent third-party websites and services (Third-party Sites and Services). Third-party Sites and Services are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites and Services, including the purchase and use of any products or services accessible through them.
- Bodireel and its third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described by this site at any time without notice.
- Certain provisions of the EULA may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this site.
- You will be assumed to have the capacity to enter into a formal contract and accept these terms, if you are not then your parent or legal guardian shall take responsibility.
- You agree that Bodireel may use your User data to provide services on the Application and Services for which you have expressed an interest.
- Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
GRANT AND SCOPE OF LICENCE
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- not to copy the Applications;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Applications or Services;
- not to make alterations to, or modifications of, the whole or any part of the Applications, or permit the Applications or any part of it to be combined with, or become incorporated in, any other programs;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Applications or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Applications with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the Applications with another software program;
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software that is substantially similar to the App;
- to include our copyright notice on all entire and partial copies you make of the Applications on any medium;
- not to provide or otherwise make available the Applications in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Applications or any Service (Technology),
Together “Licence Restrictions”.
ACCEPTABLE USE RESTRICTIONS
- not use the Applications or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Applications, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Applications or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Applications or any Service;
- not use the Applications or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
- not register more than one account at any one time;
- not provide any misleading, untrue, out of date, or incomplete information about yourself as prompted by registration or through general use of the Applications and Service;
- not impersonate any person or entity, including, but not limited to, a Bodireel official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- not upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- not upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials;
- not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- not interfere with or disrupt the Applications and Services or servers or networks connected to the Applications and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Applications and Services; and/or
- not intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Applications and Services or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Applications and Services.
INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that all intellectual property rights in the Applications and Services, and the Technology anywhere in the world belong to us or our licensors, that rights in the Applications are licensed (not sold) to you, and that you have no rights in, or to, the Applications, Services or the Technology other than the right to use each of them in accordance with the terms of this EULA.
- You acknowledge that you have no right to have access to the Applications in source-code form.
LIMITATION OF LIABILITY
- The Applications and Services are provided on an “as is” basis. Except as expressly stated in this agreement, all warranties, conditions and terms, whether express or implied by statute, common law or otherwise (including satisfactory quality, fitness for purpose and suitability) are hereby excluded to the fullest extent permitted by law.
- You acknowledge that the Applications have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Applications meet your requirements.
- Where you have been supplied the Applications and Services for domestic and private use only you agree not to use the Applications and Services for any commercial, business or resale purposes which are not first authorised by Bodireel.
- We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- You acknowledge that the Applications and Services do not provide medical advice, fitness advice or other advice.
- You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials “Content”, whether publicly posted or privately transmitted, available in connection with the Applications and Services are the sole responsibility of the person from whom such Content originated. This means that you, and not Bodireel, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Applications and Services.
- Bodireel does not control or monitor the Content posted via the Applications and Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Applications and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Bodireel be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Applications and Services.
- You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Application. You accept responsibility for all activities that occur under your account or device. We endeavor to use reasonable security measures to protect against unauthorised access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Service or its contents. You agree to immediately notify Bodireel of any unauthorised use or your account or password, or any other breach of security, and to accept all risks of unauthorised access to the User Data and any other information you provide to Bodireel.
- You acknowledge that Bodireel may or may not pre-screen or monitor Content, but that Bodireel and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Applications and Services. Without limiting the foregoing, Bodireel and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Applications and Service, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Bodireel may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce this EULA;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of Bodireel, its users and the public.
Subject to the foregoing, Bodireel will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
- You understand that use of certain features of the Applications and Services may require you to purchase third party equipment or materials (e.g., GPS systems). While Bodireel may recommend the equipment or materials of certain third party suppliers, Bodireel shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Applications and Services provided or will be error-free.
- The physical activities to which the Applications and Services relate carry certain inherent risks including personal injury and property damage. You acknowledge that you undertake such activities entirely at your own risk.
- Whilst we use reasonable efforts to ensure the information we provide is accurate we accept no responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of any and all information or material provided in connection with, or by the Services, any search results generated by or through the Services, or displayed and/or presented through the Services.
- Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount you paid for the Applications and Services in the last 12 months. This does not apply to the types of loss set out in condition 6.15.
Nothing in this EULA shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by English law.
We may suspend or terminate your account and this EULA immediately by written notice to you:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
- if you breach or there are reasonable grounds for Bodireel to suspect you have breached any of the Licence Restrictions or the Acceptable Use Restrictions.
On termination for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA, including your use of any Services;
- you must immediately delete or remove the Applications from all Devices, and immediately destroy all copies of the Applications then in your possession, custody or control and certify to us that you have done so; and
- we may remotely access the Devices and remove the Applications from all of them and cease providing you with access to the Services.
- If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, by prepaid post to Bodireel Limited at our registered office. We will confirm receipt of this by contacting you in writing, normally by e-mail.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the Application.
- In the event that you provide Feedback, you hereby grant to Bodireel a worldwide, non-exclusive, transferrable, assignable, sub-licenseable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Bodireel any Feedback that you do not wish to license to us as set forth above.
- You agree to use communication methods available through the Applications and Services only to send communications and materials related to the subject matter for which Bodireel provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the EULA.
By using any of the communications methods available on the Applications and Services, you acknowledge and agree that:
- all communications methods constitute public, and not private, means of communication between you and the other party or parties;
- communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Bodireel; and
- communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Bodireel in any manner, though Bodireel reserves the right to do so at any time at its sole discretion in accordance with the Terms.
You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
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 EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
PAYMENTS AND SUBSCRIPTION
- If you upgrade to a paid subscription you must designate and provide information about your preferred payment method (e.g credit card, online payment service or any other payment method made available by Bodireel)
- You may switch to a different payment method or update your information by visiting the payment page. You will immediately be charged for your subscription fee after you click ‘submit’ on the confirmation page and your account will be activated paid status. You agree to pay all membership fees and other charges incurred in connection with your username and password for your Bodireel account.
- The Standard Bodireel subscriptions are completely free. For information about the Premium accounts please see Subscription page.
- Subscription fees are payable on a monthly basis. All subscription fees are payable in advance. Subscription fees will be billed automatically via the payment method (see 10.1) and will auto-renew until your membership is terminated.
- Subscription fees will be the same as the initial charges unless you are otherwise notified in advance. You authorise Bodireel to charge your Payment Method for the appropriate Subscription charges and fees and for any other purchases you elect to make via the Applications and Services.
- Bodireel reserves the right to increase Subscription fees or to institute new fees at any time with reasonable notice.
- If you upgrade your Subscription or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition. All purchases are final and no refund will be given for unused portions of your initial or any renewal membership period.
CANCELLATION OF SUBSCRIPTION
- You may cancel your subscription by visiting the ‘subscription’ page in your profile and selecting the cancel option on the relevant Subscription package.
- After any agreed fixed term of contract or contract period with us has expired, your account will revert to a monthly subscription.
The cancellation of a subscription will be effected at the end of the relevant billing cycle, however until the end of the final billing cycle users will still have access to all:
- Applications and Services which form part of the relevant subscription package; and
- all features available as part of the relevant subscription package.
- When your subscription ends, your account will become a standard account or, where relevant, will be suspended. All data saved during your period of subscription will be lost.
- This EULA will remain in force between you and us even after a cancellation or suspension as defined in this clause 11.
- No refunds or credits will be provided by Bodireel upon cancellation. You can renew your subscription at any time without opening a new account, provided that additional fees may apply if you decide to upgrade to a subscription at a later date.
OTHER IMPORTANT TERMS
- Where relevant the initial contract term of each subscription will be agreed separately between you and us.
- We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
- You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this EULA, 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.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.