Please read these Terms of Use carefully before using this website and the online platform available through it.
PLEASE NOTE: Any translation of this document is for information purposes only. Only the English version is authentic.
What’s in these terms?
These terms tell you the rules for using our 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”).
Who we are and how to contact us
The platform is operated by 1FitUK Limited (“We“). We are a limited liability company registered in England and Wales under company number 14000340 and we have our registered office at C/O Accounts And Legal, 81 King Street, Manchester, Greater Manchester, England, M2 4AH.
To contact us, please email support@1fit.com
By using the platform you accept these terms
By using the platform, you confirm that you accept these Terms of Use and that you agree to comply with them.
If you do not agree to these terms, you must not use the platform.
The platform is used by two types of user: (a) “Coaches”, who are fitness professionals using the platform in the course of their business (business users); and (b) “Clients”, who are individuals invited to the platform by a Coach and who use the platform as consumers. Some provisions of these terms apply differently to business users and to consumers; where that is the case, we say so. You must be at least 18 years old to register an account with us (as either a Coach or a Client).
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These Terms of Use refer to the following additional terms, which also apply to your use of the platform:
- Our Privacy Notice which explains how we collect, use, store and otherwise handle any personal data that we collect from you, or that you provide to us, including any special category data. Please read our Privacy Notice carefully. By using the platform you acknowledge that your personal data will be handled in accordance with our Privacy Notice.
- Our Cookie Notice which explains how we use cookies and similar technologies on our website and platform.
- Our Acceptable Use Policy, which sets out the standards that apply to your use of the platform, including any content you upload and any messages you send through the platform.
If you are a Coach, your subscription to and use of the platform is also governed by our Subscription Terms and Conditions. If you are a Client, your use of the platform is also governed by our End User Licence Agreement.
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 Terms of Use to the extent of any inconsistency. All purchases, and any changes to subscriptions, are made through the platform and not through our mobile app.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use the platform, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to the platform
We may update and change the platform from time to time to reflect changes to 1Fit, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes but you should always check these Terms of Use before using the platform.
We may suspend or withdraw the platform
Browsing the public areas of the platform is free of charge. However, access to and use of the platform (including the Coach and Client dashboards) requires an account, and the platform is provided to Coaches on a paid subscription basis. If you are a Coach, the fees for your subscription will have been confirmed to you at the point that you bought your subscription and agreed to our Subscription Terms and Conditions.
We do not guarantee that the platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access the platform through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
Registering with us
To use the platform you will need an account. Coaches register via our website by entering their details, verifying their email address, selecting a subscription plan, providing payment information and accepting our Subscription Terms and Conditions. Clients are invited to the platform by their Coach and are asked to set up an account and accept the End User Licence Agreement. You confirm that the information you provide when registering is accurate and that you will keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity carried out through your account.
You must keep your account details safe
If you choose to register an account with us, and as part of this process you select, or are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or any of the other terms that apply to you.
If you know or suspect that anyone other than you knows your password, you must promptly notify us at support@1fit.com . If your subscription plan allows you to create logins for team members, you are responsible for their use of the platform and for ensuring they comply with these terms.
Intellectual property rights in the platform
We are the owner or the licensee of all intellectual property rights in the platform, and in the material we make available through it (including the platform, 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.
This does not affect your ownership of any User Content you upload, which is dealt with in the section headed “Interactive services and user content” below. Nor does it apply to personal data: personal data is not owned by us or by anyone else as property, and we handle your personal data only in accordance with our Privacy Notice and applicable data protection law.
You may print off one copy, and may download extracts, of any page(s) from the platform for your personal use and you may draw the attention of others within your organisation to content posted on the platform.
Our status (and that of any identified contributors) as the authors of content on the platform must always be acknowledged.
You must not use any part of the content on the platform for commercial purposes without obtaining a licence to do so from us or our licensors.
Content generated by or through using our platform
Notwithstanding the generality of the section above entitled “Intellectual property rights in the platform”, we want to make it clear to all our users that coaching plans, and any other content generated by or through using the platform (including plans that are created, generated or substantially produced using our tools, templates or prompts) (“Generated Content”), are our intellectual property. For the avoidance of doubt, such content is not “User Content” for the purposes of these Terms of Use.
If you are a Coach, we grant you a non-exclusive, non-transferable, revocable licence to access, use, adapt and edit the Generated Content, and to create and deliver coaching plans to your Clients using it (including by sharing those plans with your Clients through or outside the platform), for as long as you have an active subscription and in accordance with these terms. This licence does not transfer any intellectual property rights to you and ends when your subscription ends.
While your subscription is active, and subject to the licence above, you may export the Generated Content for use in your coaching business. Exporting Generated Content does not transfer any intellectual property rights in it to you. Other than as permitted above, you should not expect to be able to export Generated Content. This does not affect any rights you have under data protection law, including any right to access, or to receive a copy of, your personal data, which you can exercise as explained in our Privacy Notice.
Interactive services and user content
The platform includes interactive features that allow Coaches and Clients to communicate with each other and to upload, store and share content, including via our in-chat messaging feature (“User Content”). For the avoidance of doubt, User Content does not include: (i) Generated Content which shall always be owned by us in accordance with the section above entitled “Content generated by or through using our platform”; and (ii) personal data, which is not treated as property and is handled in accordance with our Privacy Notice and applicable data protection law.
We do not routinely monitor or moderate communications or other User Content, and we are not responsible for any User Content or for any communications between Coaches and Clients. Responsibility for User Content, and for any messages sent through the platform, rests with the user who provides or sends it. Any use of our interactive features is at your own risk.
You must ensure that your User Content, and your use of the messaging and other interactive features, complies with our Acceptable Use Policy. You must not upload or send any content that is unlawful, harmful, offensive, infringes the rights of others, or otherwise breaches our Acceptable Use Policy.
You retain ownership of any User Content you upload, but you grant us a worldwide, non-exclusive, royalty-free licence to use, host, store, copy and make available that User Content to the extent necessary for us to operate, provide and improve the platform.
We may remove or disable access to any User Content, and may suspend or withdraw your access to any interactive feature, where we reasonably consider that it breaches these terms or our Acceptable Use Policy.
Do not rely on information on this site
The content on the platform is provided for general information only. It is not intended to amount to advice on which you should rely. In particular, 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. You should obtain appropriate medical or professional advice before starting, changing or stopping any exercise, training or nutrition programme.
Coaching plans, advice and other content provided by a Coach to a Client are the responsibility of the relevant Coach. Coaches operate independently from us, and we are not responsible for any coaching plans, advice or other content they provide. We provide the platform only and are not a party to the coaching relationship between a Coach and their Clients.
Although we make reasonable efforts to update the information on the platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the platform is accurate, complete or up to date.
Prohibited uses
Your use of the platform must comply with our Acceptable Use Policy, which forms part of these terms and sets out in full the standards that apply to your use of the platform and to any content you upload or share.
We are not responsible for websites we link to
Where the platform contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those websites or resources.
Our responsibility for loss or damage suffered by you
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability apply to your subscription to, and use of, the platform: for Coaches these are set out in our Subscription Terms and Conditions, and for Clients these are set out in our End User Licence Agreement.
Coaches use the platform as business users, and the business user provisions below apply to them. Clients use the platform as consumers, and the consumer user provisions below apply to them.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to the platform or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, the platform; or use of or reliance on any content displayed on the platform.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide the platform for domestic and private use. You agree not to use the platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, your statutory rights as a consumer under the Consumer Rights Act 2015 will apply. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge, by following installation instructions, or for damage caused by your failure to have in place the minimum system requirements advised by us.
We are not responsible for viruses and you must not introduce them
We do not guarantee that the platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the platform. You should use your own virus protection software.
You must not misuse the platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the platform, the server on which the platform is stored or any server, computer or database connected to the platform. You must not attack the platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the platform will cease immediately.
Rules about linking to the platform
Any organisation or individual may link to our home page, provided they do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval or endorsement on our part where none exists.
The platform must not be framed on any other site, nor may you create a link to any part of the platform other than the home page, without our prior written consent.
We reserve the right to withdraw linking permission on reasonable notice where we reasonably consider a link to be harmful to our reputation or otherwise inappropriate.
The website from which you are linking must comply with these Terms of Use in all material respects.
If you wish to link to or make any use of content on the platform other than that set out above, please contact support@1fit.com
How we may use your personal information
We will only use your personal information 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
How we use data to operate and improve the platform
In this section:
- “Aggregated Data” means data and statistics that we compile or derive from your and other users’ access to and use of the platform which have been combined or aggregated with data from other sources or users so that they do not directly or indirectly identify, and are not reasonably capable of being used to identify, you or any other individual;
- “Anonymised Data” means data derived from personal data processed through the platform which has been anonymised in accordance with applicable data protection law so that it no longer relates to an identified or identifiable individual and identification is not reasonably likely to take place by any means reasonably likely to be used;
- “Usage Data” means technical, operational and usage data relating to the configuration, performance and use of the platform (including log data, device and connection information, feature usage, event and diagnostic data, and volumes and patterns of use).
We may collect, generate and analyse Usage Data, and may create Aggregated Data and Anonymised Data, in each case in connection with the operation of the platform.
We may use Usage Data, Aggregated Data and Anonymised Data for any lawful business purpose, including to:
- operate, secure, monitor, support, maintain and administer the platform;
- improve, develop and enhance the platform and our other products and services, and develop new features, products and services;
- produce analytics, insights, statistics, trends, reports and benchmarking; and
- develop, train, test, validate and improve models, algorithms and machine-learning and artificial-intelligence systems used in connection with the platform and our products and services.
The rights in this section continue during your use of the platform and, in respect of Usage Data, Aggregated Data and Anonymised Data, survive the ending of your access. We may retain and continue to use Usage Data, Aggregated Data and Anonymised Data after your access to the platform ends.
As between you and us, we own all right, title and interest in and to the Usage Data, Aggregated Data and Anonymised Data, and in any models, algorithms, insights, reports and other materials we develop using them, together with all intellectual property rights in them.
Our exercise of the rights in this section is at all times subject to applicable data protection law and our Privacy Notice in place. In particular:
- we will only process personal data (including any special category data) in identifiable form as permitted by our Privacy Notice, applicable data protection law and where a valid lawful basis and where required an Article 9 UK GDPR condition applies;
- once data has been anonymised so that it constitutes Anonymised Data, applicable data protection law no longer applies to it and we may use and retain it as set out in this section; and
- where you are a Coach your authorisation for and your confirmation of the notices and consents relating to this processing is dealt with in our Subscription Terms and Conditions.
Complaints
If you have a complaint about the platform or our services, please contact us in the first instance by emailing support@1fit.com. We will acknowledge your complaint and aim to resolve it as quickly as we reasonably can.
Which country’s laws apply to any disputes?
If you are a consumer, please note that these Terms of Use, their subject matter and their 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 arising out of or in connection with these Terms of Use. 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. Nothing in these Terms of Use limits or excludes any rights you may have as a consumer under the mandatory laws of your country of residence. If the laws of your country of residence require that certain disputes be resolved in the courts of that country or that certain laws apply, those requirements will apply to the extent required by applicable law.
If you are a business, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. The courts of England and Wales will have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Use or their subject matter or formation.
Our trademarks are registered
“1FIT” and “1FIT UK” are registered UK trade marks. The 1Fit name, logo and all intellectual property rights in the platform are owned by a member of the 1Fit group and are licensed to us. You are not permitted to use them without our approval, unless it is part of material you are using as permitted under these Terms of Use.