Please read this End User Licence Agreement (“EULA”) carefully before you start to access and use the 1Fit online coaching platform.
By ticking the box to accept this EULA when you set up your account, you confirm that you accept it and agree to comply with it. If you do not agree, you must not access or use the platform.
PLEASE NOTE: Any translation of this document is for information purposes only. Only the English version is authentic.
Who we are and how to contact us
1FitUK Limited (“we”, “us” or “our”) is a company registered in England and Wales under company number 14000340, with our registered office at C/O Accounts and Legal, 81 King Street, Manchester, Greater Manchester, England, M2 4AH.
We operate the website 1fit.com and the online platform available through it, including the Coach Web App, Coach Mobile App (1FIT Coach) and Client Mobile App (1FIT Client) (together being the “platform”).
To contact us, please email support@1fit.com
What’s in this EULA?
This EULA sets out the terms on which you, as a Client, may access and use the platform.
You are invited to the platform by a fitness professional (your “Coach”) to use the platform as a consumer. The platform is provided to you, as a consumer, free of charge by us (your Coach pays for their subscription).
If you are a fitness professional and need to use the platform in the course of your business, then you need a subscription to do so and you should contact us to arrange this.
You must be 18 to use the platform
You must be at least 18 years old to set up an account and use the platform.
Other terms that apply to you
This EULA should be read together with the following, which also apply to your use of the platform:
- Our Terms of Use, which set out the general rules for using the platform;
- Our Acceptable Use Policy, which sets out the standards that apply to your use of the platform and to any content you upload or any messages you send;
- Our Privacy Notice, which explains how we handle your personal data; and
- Our Cookie Notice, which explains how we use cookies and similar technologies on the platform.
If there is any conflict in relation to your use of the platform as a Client, this EULA prevails over the Terms of Use.
If you download or use our companion app, separate terms will apply to your use of the app, and the terms of the relevant app store provider (such as the Apple App Store or Google Play Store) may also apply to your download and use of it. Where an app store provider requires its terms to take precedence, those terms will apply to the app to the extent of any inconsistency with this EULA.
Your licence to use the platform
In return for you complying with this EULA, we grant you a non-exclusive, non-transferable, revocable licence to access and use the platform for your own personal, non-commercial use, for as long as you are invited to it by your Coach and subject to our suspension and termination rights below. This licence is personal to you. You may not transfer it to anyone else or allow anyone else to use your account.
Your access is provided through your Coach
You access the platform so that your Coach can manage and deliver coaching services to you. Your access depends on your Coach maintaining an active subscription with us and continuing to invite you to the platform. If your Coach’s subscription is suspended, your access to the platform may be suspended for the same period. If your Coach’s subscription ends, or your Coach removes you, your access to the platform will end.
Your Coach is responsible for the coaching services, plans and advice they provide to you. We provide the platform only and are not a party to the coaching relationship between you and your Coach. The content on the platform is provided for general information only and is not intended to amount to advice on which you should rely. In particular, the content on or available through the platform, including any training, nutrition or other plans, is not medical advice and is not a substitute for advice from a suitably qualified healthcare professional, and you should obtain appropriate medical or professional advice before starting, changing or stopping any exercise, training or nutrition programme.
Things you must not do
You must comply with our Acceptable Use Policy at all times. In addition, you must not:
- Modify, adapt or tamper with the code of the platform, or insert any code into it;
- Attempt to avoid, bypass, remove or interfere with any security features or technological protection measures in the platform, except where the law allows you to do so (for example, making a back-up copy under section 50A, or decompiling for interoperability under section 50B, of the Copyright, Designs and Patents Act 1988);
- Copy the platform, present it as your own, or make it available for anyone else to access or use; or
- Share your log-in details with anyone, or let anyone else use your account.
You must keep your password and account details confidential and let us know promptly at support@1fit.com if you think someone else knows them.
What you need to use the platform
You are responsible for arranging the device, software and internet connection you need to access the platform, and for all related costs. You must make sure your device and software meet any minimum system requirements we tell you about from time to time. The platform may not work properly if you do not.
The platform may change
We may update and change the platform, including its features and functionality, and may set or change limits on its use (such as the volume of data that may be stored or transmitted, or the periods for which data is retained). If a change requires a change to the minimum system requirements, we will tell you.
Support and maintenance
We provide support for the platform through the help centre feature available in the settings menu within the platform. The help centre provides a centralised support function, including an automated self-service flow for common queries and an option to contact our support team directly. You may also request support by email at support@1fit.com
We will use reasonable endeavours to let you know in advance of any scheduled maintenance that we expect to affect your use of the platform, but you may not receive advance notice of downtime caused by emergency maintenance or by events outside our reasonable control.
Availability of the platform
The platform is provided on an “as is” and “as available” basis. While we aim to keep the platform available, we do not guarantee that it will always be available, uninterrupted, secure or free from bugs or errors. We may suspend, withdraw or restrict the availability of all or any part of the platform for business or operational reasons, including for maintenance, updates or to address security issues. We will try to give you reasonable notice of any planned suspension, but this may not always be possible. This does not affect your statutory rights as a consumer, including your rights under the Consumer Rights Act 2015.
Other services and links
The platform may let you access third-party services, websites or content that we do not own or control. We are not responsible for them, and your use of them is governed by the relevant third party’s terms. You should read those terms (including how the third party uses your personal data) before using them.
Your personal data and your content
We will only use your personal data as set out in our Privacy Notice . Our Privacy Notice explains how we collect, use, store and otherwise handle your personal data, including any special category data, and sets out your rights as a data subject. If you have any questions about how we use your personal data, or you wish to exercise your data protection rights, please email gdpr@1fit.com
If you upload or share content through the platform which is not personal data, this content shall constitute “User Content” (for example, via the in-platform chat functionality). The ownership of, and responsibility for, User Content is dealt with in our Terms of Use. You are responsible for keeping your own copies of anything you upload that is important to you; we recommend you do so before your access ends, as you may not be able to retrieve it afterwards.
How we use data to improve the platform
We collect technical and usage data about how the platform is accessed and used, and we may combine or aggregate data from you and other users, and anonymise personal data, so that it no longer identifies you. How we use this data (including to operate, secure and improve the platform, to develop new features, products and services, to produce insights and statistics, and to develop, train and improve models and artificial-intelligence systems) is set out in the section headed “How we use data to operate and improve our site” in our Terms of Use, which applies to your use of the platform.
Once data has been anonymised so that it no longer relates to you or any other identifiable individual, data protection law no longer applies to it, and we may keep and use it (including after your access to the platform ends). We will only use your personal data in a form that identifies you as explained in our Privacy Notice and in accordance with applicable data protection law.
Internet and device failures
The platform relies on things that are often outside our control, such as your internet connection and your device. We will do what we reasonably can to resolve problems, but we are not responsible for delays, interruptions, errors or other problems that result from the internet or electronic communications networks, from faults in your device, or from anything else it would not be reasonable to expect us to control.
Our responsibility to you
If we fail to comply with this EULA or are negligent, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failure to use reasonable care and skill. Loss or damage is foreseeable if, at the time you accepted this EULA, either it was obvious that it would happen or both you and we knew it might happen.
We provide the platform for domestic and private use only. You agree not to use it for any commercial or business purpose, and we have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.
If defective digital content that we supply damages a device or other digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage you could have avoided by following our advice to apply an update offered to you free of charge, by following installation instructions, or by meeting the minimum system requirements we have advised.
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; and for any rights you have under the laws protecting consumers that cannot be excluded or limited.
Your rights as a consumer
Nothing in this EULA affects your statutory rights as a consumer, including your rights in relation to digital content under the Consumer Rights Act 2015 (for example, that digital content must be of satisfactory quality, fit for purpose and as described). Information about the main features, functionality and compatibility of the platform is provided on the platform before you sign up.
Suspending or ending your access
We may suspend or withdraw your access to all or part of the platform if: (a) we reasonably believe you have breached this EULA or any other terms applicable to you referenced herein; (b) your Coach’s subscription is suspended or ends or your Coach removes you; or (c) we are required to do so by law or by a court or regulator. Where we reasonably can, we will let you know before we do so.
You may stop using the platform at any time. Because the platform is provided to you free of charge by us (your Coach pays for their subscription), you do not pay us any fees and there is nothing for you to cancel with us; if you no longer wish to use the platform, you can close your account or ask your Coach to remove you.
When your access ends, your right to use the platform stops, and we may close or suspend your account. This does not affect any rights or responsibilities that have already arisen. Any terms that are intended to continue after your access ends will do so.
Changes to this EULA
We may make minor changes to this EULA at any time, for example to reflect changes in the law or to make technical or operational adjustments. If we make a significant change, we will give you reasonable notice (for example, by email or through the platform) and, where appropriate, ask you to accept the updated agreement. If you do not agree to a significant change, you may stop using the platform.
Notices and contacting us
For general queries, please contact us at support@1fit.com. For data protection queries, please contact us at gdpr@1fit.com
Any formal notice you need to give us under this EULA must be in writing and sent by email to legal@1fit.com or by post to our registered office.
We may give you a formal notice by email to the address linked to your account, or by notification through the platform. A notice is treated as received: (a) if sent by email, at the time of sending (or, if sent outside normal business hours, at 9.00 am on the next business day), provided the sender does not receive a delivery-failure message; or (b) if sent by post, at 9.00 am on the second business day after posting.
This does not apply to the service of documents in court proceedings.
Other important terms
This EULA, together with the documents referred to in it, is the entire agreement between you and us in relation to your use of the platform as a Client, and replaces any earlier agreement or understanding between us on that subject. You acknowledge that you do not rely on, and have no remedy in respect of, any statement that is not set out in this EULA or those documents.
Nothing in this clause limits or excludes liability for fraud.
If any part of this EULA is found to be unlawful or unenforceable, the rest of it will continue to apply.
We may transfer, assign or sub-license our rights and obligations under this EULA to another business. We will tell you if we do, and will make sure it does not affect your rights. You may not transfer your rights or obligations under this EULA to anyone else.
No one other than you and us has any right to enforce this EULA.
Which country’s laws apply to any disputes?
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 normally have jurisdiction to resolve any dispute. However, if you are a consumer resident in another country, you may also have the right to bring proceedings in the courts of the country in which you live, and nothing in this EULA limits or excludes any rights you have under the mandatory laws of your country of residence.