These Subscription Terms and Conditions (“Subscription Terms”) set out the terms on which we provide the 1Fit coaching platform to fitness professionals on a subscription basis.
We are 1FitUK Limited (“1Fit”, “we”, “us” or “our”), 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 (our “website”) 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”).
You are a Coach: a fitness professional or business that has subscribed, or applied to subscribe, to the platform to manage and deliver coaching services to your clients (“Clients”). You enter into these Subscription Terms in the course of your business and not as a consumer.
By placing an order for a subscription, starting a free trial, or accessing or using the platform as a Coach, you agree to these Subscription Terms.
1. These terms and other terms that apply
1.1 These Subscription Terms apply to your subscription to, and use of, the platform as a Coach. Please read them carefully and keep a copy for your records.
1.2 The following additional terms also apply and form part of the contract between you and us:
(a) our Terms of Use;
(b) our Acceptable Use Policy;
(c) our Privacy Notice; and
(d) our Cookie Notice.
If you download or access our companion mobile app through the Apple App Store or Google Play Store, the terms of the relevant app store provider may also apply to your download and use of the app and, where required by that provider, those terms will take precedence over these Subscription Terms to the extent of any inconsistency. All purchases, and any changes to subscriptions, must be made through our website and not through our mobile companion app.
1.3 Your Clients’ access and use of the platform is governed by our End User Licence Agreement (“EULA”).
1.4 The details of the Plan you have selected, the Subscription Fee and your billing period are set out in the order you complete on our website (your Order) and in your account. If there is any conflict between these Subscription Terms and the Terms of Use in relation to your subscription, these Subscription Terms prevail.
1.5 Words and expressions defined in our Terms of Use have the same meaning in these Subscription Terms unless otherwise stated.
2. Business customers only
2.1 The platform is provided to Coaches for business purposes only. By subscribing, you confirm that you are acting in the course of a trade, business, craft or profession and not as a consumer.
2.2 You confirm that you are at least 18 years old and have authority to enter into these Subscription Terms on behalf of the business you represent.
2.3 Because you contract as a business, consumer protection rights (including any right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) do not apply to your subscription.
3. Your account and security
3.1 To use the platform you must register for an account and provide accurate, current and complete information, and keep it up to date.
3.2 You must keep your log-in details and password confidential and must not disclose them to any third party. You are responsible for all activity that takes place under your account.
3.3 We may disable any log-in or password at any time if, in our reasonable opinion, you have failed to comply with these Subscription Terms or any other terms that apply to you.
3.4 If you know or suspect that anyone other than you or your authorised team members knows your log-in details, you must promptly notify us at support@1fit.com .
4. Authorised Users, Team Seats and your Clients
4.1 Depending on your Plan, the platform may be accessed by you and by the members of your team whom you authorise, in each case using individual log-ins (“Authorised Users”). Authorised Users are the fitness professionals and other staff who access the platform on your behalf to manage and deliver coaching services. Your Clients are not Authorised Users: your Clients access the platform separately, as consumers (see clauses 4.8 to 4.13). The number of log-ins available to you (“Team Seats”) depends on your Plan (see clause 5).
4.2 You must ensure that only Authorised Users, and Clients you have invited in accordance with clauses 4.8 to 4.13, access and use the platform, and that all such use is at all times in accordance with these Subscription Terms and the other terms that apply to them.
4.3 The main account holder (the “Administrator“) may set and change the permissions and access levels of each Authorised User, is responsible for managing Team Seats, and must keep your records of Authorised Users accurate and up to date within the platform.
4.4 You must ensure that the number of Authorised Users does not exceed the number of Team Seats included in your Plan at any time. You may remove an individual as an Authorised User and replace them with another individual, but a log-in must not be shared or used by more than one individual at the same time.
4.5 Without prejudice to our other rights or remedies, if your number of Authorised Users exceeds the Team Seats included in your Plan, you will be liable to pay for the additional Authorised Users for the relevant period during which the number was exceeded, in accordance with our current pricing (see clause 9), and/or you may be required to upgrade your Plan.
4.6 You:
(a) are liable for the acts and omissions of your Authorised Users (and of anyone accessing the platform through your account) as if they were your own;
(b) must provide access to the platform only through the log-in method we provide, and must not give access to (or permit access by) anyone other than an Authorised User; and
(c) must ensure that each Authorised User is aware of, and complies with, your obligations and restrictions under these Subscription Terms, including those relating to our confidential information and the Acceptable Use Policy.
4.7 You warrant and represent that you, and all Authorised Users and others acting on your behalf (including any systems administrators), will keep their passwords and access details for the platform confidential and will not share them with any third party.
4.8 You may invite individuals to use the platform as your Clients using the invitation process within the platform. Each Client must set up an account and accept the EULA before using the platform. Clients must access and use the platform as consumers under the EULA and are not Authorised Users.
4.9 You are responsible for your relationship with each Client, for managing your Clients on the platform, for the accuracy of the information you provide when inviting them, for ensuring that you have the authority and a lawful basis to invite them and to provide their personal data to the platform, and for your Clients’ access and use of the platform.
4.10 You must only invite individuals who are genuinely your coaching clients, and must not use the invitation, messaging or other features to send unsolicited communications (see the Acceptable Use Policy).
4.11 The number of your Clients counts towards your Client Allowance and any metered usage charges (see clauses 5 and 9).
4.12 You may remove a Client at any time. What happens to Client data on removal is described in the clause headed “Consequences of termination” and in our Privacy Notice.
4.13 We may decline, suspend or remove any Client’s access in accordance with these Subscription Terms, the Terms of Use, the Acceptable Use Policy or the EULA.
5. Subscription plans and the platform
5.1 We offer different subscription plans (each a “Plan”), which provide different features, a different number of included Clients (the “Client Allowance”) and a different number of Team Seats. The Plans, their features, Client Allowances, Team Seats and prices are set out on our pricing page at 1fit.com/pricing and will be confirmed to you during the order process.
5.2 Registration for, and management of, subscriptions takes place through the platform. Subscriptions cannot be purchased or changed through our companion mobile app.
6. Scope of the platform: what is and is not included
6.1 Your use of the platform is at all times subject to your compliance with these Subscription Terms, including any minimum system requirements we specify.
6.2 The platform does not include:
(a) any services, systems or equipment required to access the internet or transmit data (all of which, and all associated costs and expenses, are your responsibility); or
(b) data backup or disaster recovery facilities, and you are responsible for maintaining backups of your data and content according to your own requirements.
6.3 We may make user guides, help-centre articles and other materials describing the platform and its proper use available to you (“Documentation”). You must use the platform in accordance with the Documentation and any minimum system requirements we specify.
7. Free trial
7.1 We may offer a free trial of the platform for a limited period (“Free Trial”), as described on our website.
7.2 To start a Free Trial you may need to select a Plan and provide payment details. You may use the platform during the Free Trial subject to these Subscription Terms.
7.3 Unless you cancel before the end of the Free Trial, your subscription will automatically continue as a paid subscription to the selected Plan and we will begin charging the applicable Subscription Fee.
7.4 You can cancel during the Free Trial at any time through the platform (see the clause headed “Cancellation and termination”). If you cancel before the end of the Free Trial, you will not be charged for the subscription.
7.5 Free Trials are intended for new Coaches and are limited to one per Coach (or per business or group). We may modify or withdraw a Free Trial, or determine your eligibility for one, at any time.
8. Term, renewal and automatic renewal
8.1 Your subscription begins when we confirm your Order (or, if you start with a Free Trial, when the Free Trial converts to a paid subscription) and continues for the billing period you select – monthly or, where offered, annually (each a “Subscription Period”).
8.2 Automatic renewal: your subscription renews automatically at the end of each Subscription Period for a further period of the same length, at the then-current price for your Plan and billing period, unless and until cancelled in accordance with the clause headed “Cancellation and termination”. We will give you advance notice of any change to the Fees in accordance with the clause headed “Changes to these terms”. Any such change to the Fees will take effect only from the start of your next Subscription Period.
9. Fees, metered usage and payment
9.1 You agree to pay the subscription fee for your Plan and billing period (the “Subscription Fee”), together with any metered usage charges and any other fees, in each case as set out in your Order or on the pricing page (together, the “Fees”).
9.2 The Fees comprise a base fee for your Plan plus, where applicable, a metered charge for usage above the limits included in your Plan. For example, where the number of your Clients exceeds your Client Allowance, an additional per-Client charge as set out on the pricing page will apply.
9.3 Metered usage is assessed by reference to your usage of the platform (including the number of your Clients) measured at, or by reference to a snapshot taken shortly before, the relevant billing date (which is based on the anniversary of your sign-up). That usage data is used to calculate the metered usage charges payable for the next Subscription Period. We update our payment provider with usage data on a regular basis.
9.4 The Fees are billed in advance for each Subscription Period. Metered usage charges are calculated by reference to the snapshot described in clause 9.3 and billed in advance as described during the order process.
9.5 Payments are processed by our payment provider. You authorise us (and our payment provider) to charge your chosen payment method for all Fees as they fall due, and you must keep your payment details valid and up to date.
9.6 All Fees are exclusive of VAT and other applicable taxes, which you will pay in addition at the applicable rate.
9.7 If any payment is not made when due (including where a payment method fails), we may suspend your subscription and access to the platform (for you, your Authorised Users and your Clients) until payment is made in full. We may also charge interest on overdue amounts at 4% per year above the Bank of England base rate from time to time in force (and, where that base rate is below 0%, it will be treated as 0% for this purpose). Interest accrues daily from the due date until actual payment of the overdue amount, both before and after judgment, and is payable on demand together with the overdue amount. This clause is without prejudice to our other rights and remedies.
9.8 If you use our integrated payments feature (1FIT Pay) to take payments from your Clients, additional terms (including the terms of the relevant payment processor) will apply to that feature.
9.9 Except where these Subscription Terms or the law require otherwise, Fees are non-refundable and we do not provide refunds or credits for partial Subscription Periods or for periods during which you do not access or use the platform.
10. Changing your plan
10.1 You may upgrade or downgrade your Plan through the platform.
10.2 Upgrades take effect immediately (or as described during the upgrade process), and we may charge the additional Fees on a pro-rata basis for the remainder of the current Subscription Period.
10.3 Downgrades take effect at the start of your next Subscription Period. You are responsible for ensuring that your usage (including your number of Clients and Authorised Users) is within the limits of the Plan you are moving to.
11. Your obligations
11.1 You must comply with these Subscription Terms, our Terms of Use and our Acceptable Use Policy, and use the platform only for lawful business purposes.
11.2 You are responsible for your relationship with your Clients, for the coaching services, plans, advice and other content you provide to them. We are not a party to the coaching relationship between you and your Clients.
11.3 You must ensure that your use of the platform, and your Authorised Users’ use, complies with all applicable laws and with any professional, regulatory and insurance requirements that apply to you.
11.4 Export control: you must comply (and ensure your Authorised Users comply) with all applicable export control and sanctions laws that apply to the platform and your data, including those of the United Kingdom, the United States and the European Union (and its member states). You must not access or use the platform, or export or re-export any data or materials, in or to any country or territory for which a licence or other approval is required, without first obtaining it. You are solely responsible for ensuring that your access to, and use of, the platform and your data complies with such laws.
12. Support and maintenance
12.1 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
12.2 We will use reasonable endeavours to notify you in advance of scheduled maintenance, but you acknowledge that you may receive no advance notice of downtime caused by events outside our reasonable control or by emergency maintenance.
13. Changes to the platform
13.1 We may modify the features and functionality of the platform. Such changes may include changing the volume of data that may be used, stored or transmitted in connection with the platform, altering data retention periods, or restricting access to application programming interfaces (“APIs”). Such changes will be introduced by an update and will not be made in a way that materially adversely affects our customers generally.
13.2 If an update materially reduces the functionality of the platform in a manner that substantially affects your ability to use the platform for its intended purpose, you may terminate these Subscription Terms in respect of the affected parts of the platform with immediate effect by giving us written notice within 14 days of the update taking effect. If you do, we will refund any Fees you have paid in advance for the affected parts of the platform in respect of the period after termination. For the avoidance of doubt, changes to user interfaces, workflows, integrations, APIs, usage limits or administrative features will not in themselves constitute a material adverse impact unless they substantially impair your use of the platform.
14. Changes to these terms
14.1 We may make minor changes to these Subscription Terms (for example, to make minor technical or operational adjustments) at any time. We will notify you of any such changes as soon as reasonably practicable after they take effect.
14.2 We may also make more significant changes to these Subscription Terms during your Subscription Period. Where such a change materially reduces your rights under these Subscription Terms or substantially affects your use of the core functionality of the platform, we will notify you in advance and you may cancel your subscription by giving us written notice within 14 days of the change taking effect. If you do, we will refund a pro-rata share of any Fees you have paid in advance in respect of the period after termination. If you do not notify us within such period of your wish to terminate, then the amended terms are deemed accepted. For the avoidance of doubt, changes made for legal, regulatory, security or administrative reasons, or changes that do not substantially affect your use of the platform, will not in themselves constitute a material adverse effect.
14.3 Changes to the Fees, and any other significant change that does not fall within clause 14.2, will ordinarily take effect from the start of your next Subscription Period (on renewal). We will notify you in advance (for example by email or in-platform notification), and those changes will take effect only from the start of your next Subscription Period (on renewal). If you do not agree to such a change, you may cancel your subscription before the start of the next Subscription Period.
15. Data protection
15.1 We process personal data in accordance with our Privacy Notice and applicable data protection laws.
15.2 You acknowledge and agree that in relation to any personal data uploaded, submitted, shared or otherwise processed by you or on behalf of your clients in connection with the services, you act as an independent controller for the purposes of applicable data protection laws including the UK GDPR and the Data Protection Act 2018.
15.3 You are responsible for ensuring that you have a lawful basis and have provided all necessary notices and obtained all necessary consents for any personal data including Client personal data) that you provide to or process through the platform.
15.4 In relation to personal data on the platform:
(a) We shall implement and maintain appropriate technical and organisational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to such personal data;
(b) Where a data subject request is received relating to personal data processed through the platform, we shall provide reasonable assistance by supplying relevant information available within the platform, where reasonably required to enable you to respond to the request. You shall endeavour to respond to your Client and deal with such request as promptly as reasonably possible;
(c) Each party shall notify the other within 24 hours if it becomes aware of a personal data breach relating to personal data contained within the platform and shall provide reasonable cooperation and assistance as required in connection with the breach. Any personal data processed, stored, transferred or retained outside the platform shall remain your sole responsibility;
(d) Where you transfer personal data outside the United Kingdom our outside of the EEA you shall ensure that such transfer is carried out in compliance with applicable data protection laws;
(e) Upon termination of the services, we may retain personal data where required to comply with its legal or regulatory obligations under applicable data protection laws;
(f) Where you download, export or otherwise retain personal data from the platform, you shall be responsible for determining and applying your own retention periods and complying with applicable data protection laws; and
(g) Where applicable you shall ensure that your employees, contractors, agents and personnel who have access to personal data are subject to appropriate confidentiality obligations and are aware of their responsibilities to protect personal data including having regard to the nature and sensitivity of such data.
15.5 If you have any questions about data protection, please contact gdpr@1fit.com
16. Analytics, aggregated data and model training
16.1 The way in which we collect, generate, use, retain and own Usage Data, Aggregated Data and Anonymised Data (including for platform improvement and for developing, training and improving models, algorithms 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. Words defined in that section have the same meaning in this clause and:
(a) You instruct and authorise us to carry out the processing described in that section (including the creation of Aggregated Data and Anonymised Data from Client personal data you input into the platform) for the purposes set out in it; and
(b) You warrant that you have provided all necessary notices to, and have a lawful basis and (where required) have obtained all necessary consents from, your Clients and any other relevant individuals to enable the processing described in that section, including any processing of special category data. This warranty is without prejudice to your obligations under the clause headed “Data protection” and clause 4.9.
16.2 Our exercise of these rights is at all times subject to applicable data protection law and our Privacy Notice.
17. Confidentiality
17.1 Each party (as “Receiving Party”) may receive non-public information of the other party (as “Disclosing Party”), whether before or after the date of these Subscription Terms, that is marked as confidential or would reasonably be understood to be confidential (“Confidential Information”). This includes, in our case, non-public information about the platform, its features, pricing and operation, and, in your case, your non-public business information and information about your Clients.
17.2 The Receiving Party must keep the Disclosing Party’s Confidential Information confidential, use it only for the purpose of performing its obligations or exercising its rights under these Subscription Terms, and not disclose it to any third party except to its personnel, Authorised Users or professional advisers who need to know it and who are bound by equivalent obligations of confidentiality.
17.3 Clause 17.2 does not apply to information that: (a) is or becomes public other than through the Receiving Party’s breach; (b) the Receiving Party already lawfully held; (c) it lawfully obtains from a third party free of any obligation of confidence; or (d) it independently develops. The Receiving Party may also disclose Confidential Information to the extent required by law or a regulator, provided it gives the Disclosing Party notice where lawful to do so.
17.4 Nothing in this clause restricts either party’s processing of personal data, which is governed by the clause headed “Data protection” and our Privacy Notice.
18. Intellectual property
18.1 We are the owner or the licensee of all intellectual property rights in our website and the platform, and in the material we make available through them (including the Documentation, all text, graphics, images, audio, video, software, data compilations, page layout and underlying code). Those works are protected by copyright laws and treaties around the world, and all such rights are reserved.
18.2 Coaching plans, and any other content generated by or through use of the platform (including plans that are created, generated or substantially produced using our tools, templates or prompts) (“Generated Content”), are our intellectual property.
18.3 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. For the avoidance of doubt, Generated Content is not “User Content” for the purposes of the Terms of Use.
18.4 While your subscription is active, we grant you a non-exclusive, non-transferable, revocable licence to access and use the platform, and to use, adapt and edit Generated Content and to create and deliver coaching plans to your Clients using it (including by sharing those plans with your Clients through the platform), for as long as you have an active subscription and in accordance with these Subscription Terms and the Terms of Use. This licence does not transfer any intellectual property rights to you and ends when your subscription ends.
18.5 The intellectual property position (including your ability to export Generated Content) is dealt with more fully in our Terms of Use, which also apply to your use of the platform. If there is any conflict in relation to your subscription, these Subscription Terms prevail.
19. Availability and suspension
19.1 We do not guarantee that the platform will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or part of the platform for business and operational reasons, and will try to give you reasonable notice. The platform is provided on an “as available” basis.
19.2 We may suspend your access (and the access of your Authorised Users and Clients) where you are in breach of these Subscription Terms or any other applicable terms, where payment is overdue, or where we reasonably consider it necessary to protect the platform, our other users or our business.
20. Warranties and remedies
20.1 Subject to the remainder of this clause 20, we warrant that during your subscription:
(a) the platform will operate materially in accordance with its description and any applicable Documentation when used in accordance with these Subscription Terms under normal use and normal circumstances; and
(b) we will provide the platform and any related services with reasonable care and skill.
20.2 The warranty in clause 20.1 does not apply to Free Trials or to support, which (without affecting our data protection obligations) are provided “as is” and without warranty to the maximum extent permitted by law.
20.3 The platform may be subject to delays, interruptions, errors or other problems resulting from the use of the internet or public electronic communications networks. You acknowledge that such risks are inherent in cloud services and that we have no liability for them.
20.4 If we breach the warranty in clause 20.1, we will at our option:
(a) use reasonable endeavours to rectify the issue within a reasonable time; or
(b) refund the Fees for the affected part of the platform for the period during which we were in breach (provided that period is at least 7 consecutive days).
To the maximum extent permitted by law, this clause 20.4 is your sole and exclusive remedy for breach of the warranty in clause 20.1.
20.5 The warranty in clause 20.1 is subject to the limitations in the clause headed “Our liability” and does not apply to the extent that a problem arises from:
(a) incorrect access to or use of the platform by you, any Authorised User or any Client;
(b) use of the platform other than for its intended purpose;
(c) use of the platform with other software, services or equipment with which it is incompatible (unless we recommended or required it);
(d) any modification of the platform not made by us or at our direction;
(e) failure to install an update or upgrade we have recommended;
(f) events outside our reasonable control; or
(g) any breach of these Subscription Terms, or the negligence or other unlawful act or omission, of you, any Authorised User or any Client.
20.6 Third-party materials: the platform may interoperate with, or make available, third-party software, services, integrations or content (for example, Stripe, Zapier and the app stores) (“Third-Party Materials”). We are not responsible for any Third-Party Materials or the consequences of using them; your use of them is governed by the relevant third party’s terms; you are solely responsible for your use of them; and we are not responsible for any unavailability of, or degradation in, the platform resulting from the availability, incompatibility or performance of any Third-Party Materials.
20.7 We do not warrant that the platform will meet your individual needs (whether or not communicated to us), that its operation will be free of minor errors or defects, or that it will be compatible with any other software, service, hardware or equipment except as expressly stated.
20.8 Except as expressly set out in these Subscription Terms, and subject to the clause headed “Our liability”, all warranties, conditions, terms and obligations implied by statute, common law or otherwise (including as to quality, fitness for any particular purpose, reasonable care and skill, or achieving a particular result) are excluded to the maximum extent permitted by law.
21. Indemnity
21.1 You will indemnify, keep indemnified and hold harmless us (and our group companies) from and against all losses, claims, damages, liabilities, costs (including reasonable legal and other professional fees) and expenses arising out of or in connection with your breach of these Subscription Terms or any other terms that apply to you, including any losses arising from third-party claims and any data protection claims relating to data you input into or process through the platform.
21.2 This clause survives termination or expiry of your subscription.
22. Cancellation and termination
22.1 You may cancel your subscription at any time through the platform. To avoid disputes, we do not accept cancellation requests made by email, telephone or social media.
22.2 Cancellation takes effect at the end of your current Subscription Period. Your subscription and access to the platform continue until the end of the period for which you have paid, after which the subscription will not renew.
22.3 We may suspend or terminate your subscription immediately on notice if:
(a) you materially breach these Subscription Terms or any other applicable terms (including the Acceptable Use Policy) and, where the breach is capable of remedy, fail to remedy it within a reasonable period;
(b) any Fees remain unpaid; or
(c) you become insolvent or cease to carry on business.
22.4 We may also stop providing the platform on reasonable notice. If we do so other than because of your breach, we will refund any Fees you have paid in advance in respect of Subscription Periods after termination takes effect.
23. Consequences of termination
23.1 On termination or expiry of your subscription, your right (and that of your Authorised Users and Clients) to access the platform ends.
23.2 You should export any Generated Content you are entitled to export (see the clause headed “Intellectual property” and the Terms of Use) before your subscription ends, as you may not be able to do so afterwards.
23.3 We retain and delete data following termination in accordance with our Privacy Notice and our data retention practices. In particular, client data may be retained for a reasonable period following account deletion or termination of services after which it may be deleted or anonymised in accordance with our retention practices. Certain account, transactional and business records may be retained for longer periods where necessary to comply with legal, regulatory, operational or legitimate business requirements.
23.4 Termination does not affect any rights or liabilities accrued before termination, including our right to be paid Fees due in respect of the period before termination.
23.5 Any provision of these Subscription Terms that expressly or by implication is intended to survive termination or expiry will continue in force, including (without limitation) the clauses headed “Confidentiality”, “Indemnity”, “Warranties and remedies” and “Our liability”, and this clause.
24. Our liability
24.1 We do not exclude or limit our liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
24.2 As you are a business customer, we exclude all implied terms, conditions, warranties and representations to the fullest extent permitted by law.
24.3 We are not liable for any loss of profit, revenue, business, business opportunity, anticipated savings, goodwill or reputation, business interruption, or any loss or corruption of data, or for any indirect or consequential loss, in each case whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.
24.4 We are not responsible for the coaching relationship between you and your Clients, for any coaching plans, advice or content you provide, or for any acts or omissions of your Clients or Authorised Users.
24.5 Subject to clause 24.1, our total liability to you arising under or in connection with your subscription in any 12-month period will not exceed the total Fees paid by you to us in the 12 months immediately before the event giving rise to the claim.
24.6 We are not liable for any failure or delay in performing our obligations caused by events outside our reasonable control.
25. Force majeure
25.1 Neither party will be in breach of these Subscription Terms, nor liable for any delay in performing or failure to perform any of its obligations, if and to the extent that the delay or failure results from an event or circumstance beyond that party’s reasonable control (a “Force Majeure Event“).
25.2 Force Majeure Events include (without limitation): acts of God, flood, fire, earthquake or other natural disaster; epidemic or pandemic; war, armed conflict, terrorist attack or civil unrest; any law or action of a government or public authority; failure, interruption or degradation of the internet, hosting, cloud, power, utilities or public telecommunications networks; cyber-attacks, denial-of-service attacks, malware or other malicious or unlawful interference with either party’s systems; and the act, default or failure of any third-party supplier, hosting or infrastructure provider, in each case to the extent beyond the affected party’s reasonable control.
25.3 If a Force Majeure Event occurs, the affected party will take reasonable steps to mitigate its effects and will resume performance as soon as reasonably practicable.
25.4 If a Force Majeure Event prevents, hinders or delays the performance of either party’s material obligations for a continuous period of more than 30 days, either party may terminate the affected parts of the subscription on written notice, and we will refund any Fees paid in advance for services not provided after termination.
25.5 This clause does not excuse either party from its obligation to pay Fees that are due.
26. Notices and contacting us
26.1 For subscription and general queries, contact us at support@1fit.com . For data protection queries, contact us at gdpr@1fit.com
26.2 Any formal notice you need to give us mailto:gdpr@1fit.comunder these Subscription Terms 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.
26.3 A notice is treated as received:
(a) if sent by email, at the time of sending, provided that no delivery failure or bounce-back message is received by the sender or, if sent outside the recipient’s normal business hours, at 9.00 am on the next business day; or
(b) if sent by post, at 9.00 am on the second business day after posting.
26.4 This clause does not apply to the service of documents in court proceedings.
27.General
27.1 We may transfer, assign, novate or subcontract our rights and obligations under these Subscription Terms. We will tell you if this happens and will ensure it does not affect your rights.
27.2 You may not transfer or assign your rights or obligations under these Subscription Terms, or your account, without our prior written consent.
27.3 These Subscription Terms, together with the documents referred to in clause 1.2 and the details of your Order, constitute the entire agreement between you and us in relation to your subscription and supersede any prior agreement, understanding or arrangement between us, whether written or oral, relating to its subject matter. You acknowledge that in entering into these Subscription Terms you do not rely on, and will have no remedy in respect of, any statement, representation, assurance or warranty that is not set out in these Subscription Terms or those documents. Nothing in this clause limits or excludes liability for fraud or fraudulent misrepresentation.
27.4 Nothing in these Subscription Terms creates any partnership, agency or employment relationship between us.
27.5 Except as expressly stated, no one other than you and us has any right to enforce these Subscription Terms.
27.6 If we do not enforce a right, or delay in doing so, that is not a waiver of that right. If any provision is found to be unlawful or unenforceable, the remaining provisions continue in force.
27.7 These Subscription Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with them.