Terms of service

Workout Titan Limited is duly registered and incorporated under the laws of England and Wales. Our company is listed with Companies House under registration number 15657325. We, Workout Titan Limited ("us", "we", or "our"), operate both the website found at https://workouttitan.com and the mobile applications available for download on the iOS App Store and Google Play Store, collectively referred to as the "Service".

Your access to, and use of, the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. Should you object to any aspect of the terms, you should refrain from accessing the Service.

Our Service

Workout Titan Limited provides a sophisticated fitness program creation platform, enhanced with state-of-the-art artificial intelligence capabilities. Our service is tailored specifically for fitness professionals and encompasses our main website, web application, and mobile applications for iOS and Android devices, available on the Apple App Store and Google Play Store.

At its core, the Workout Titan platform enables fitness professionals to craft personalised fitness regimens for their clients. After setting up an account and subscribing to our service for a monthly fee, professionals can invite their clients to the platform without requiring them to create separate accounts.

We have designed our platform to nurture outstanding digital coach-client relationships. We achieve this by offering innovative solutions, upholding rigorous standards, and providing an intuitive, aesthetically pleasing user interface.

Our aim is to streamline the process of program creation and client management, allowing fitness professionals to focus on what they do best - helping their clients achieve their fitness goals.

Content

Our Service enables you to post, link, store, share, and otherwise make available various information, text, graphics, videos, or other materials ("Content"). You bear full responsibility for the legality, reliability, and appropriateness of the Content you post to the Service.

Content License

By posting Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain all rights to your Content, and you are responsible for protecting those rights.

User Representations and Warranties

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Content Guidelines and Moderation

You agree to abide by our Content Guidelines, which prohibit the posting of illegal, harmful, or infringing content, and outline the consequences for violating these rules. We reserve the right to moderate Content and remove any material that violates these guidelines or our Terms of Service.

Ownership and Removal of Content

You retain ownership of the Content you post to the Service, and we do not claim ownership of your Content except as necessary for operating the Service. You may remove your Content from the Service at any time, but please note that removing Content may not completely eliminate it from the Service.

User Access and Use

By posting Content to the Service, you acknowledge and agree that other users may have access to and use your Content in accordance with these Terms. You further acknowledge and agree that we are not responsible for the accuracy, legality, or reliability of user-generated Content, and you use the Service at your own risk.

Copyright Infringement

If you believe that any content on our Service infringes upon your intellectual property rights, please contact us immediately to report the potential violation. We take such matters seriously and will promptly investigate your claim. Upon review, we will take appropriate action in accordance with applicable laws and our internal procedures to address any confirmed infringement.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. This includes but is not limited to your name, email address, and any other required information. It is essential to ensure the accuracy of this information as it helps us provide you with a personalised and efficient experience on our Service. Failure to provide accurate information may result in the termination or suspension of your account, and we reserve the right to take appropriate action in such cases.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. Your password should be kept confidential and not shared with anyone else. You agree not to disclose your password to any third party and to take reasonable precautions to prevent unauthorised access to your account.

You agree not to use another user's account without their permission or attempt to gain unauthorised access to any portion of the Service, including but not limited to other users' accounts, computer systems, or networks connected to the Service. Any unauthorised use or access should be reported immediately to us.

You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account. This includes any unauthorised access, use, or disclosure of your account information or any suspicious activities that you observe. Prompt reporting allows us to take necessary measures to protect your account and investigate any potential security incidents.

We reserve the right to suspend or terminate your account at any time if we believe that you have violated these Terms of Service or engaged in any unlawful or unauthorised activities. In such cases, we may take appropriate actions, including but not limited to disabling or deleting your account and restricting your access to the Service.

User Responsibilities

Compliance with Terms and Policies

Understanding Terms: By accessing or using our Service, you agree to comply with these Terms or Service and any other applicable policies or guidelines.
Policy Adherence: Users are responsible for reviewing and understanding all terms, policies, and guidelines provided by Workout Titan Limited, including but not limited to the Terms of Service and Privacy Policy.

Account Security

Secure Account Information: Users are responsible for maintaining the security of their account information, including passwords, sign in credentials, and any other authentication methods.
Unauthorised Access: Users must promptly notify Workout Titan Limited of any unauthorised use of their account or any other breach of security.

Accurate Information

Providing Accurate Information: Users are responsible for providing accurate, current, and complete information when creating an account or using our service.
Updating Information: Users must promptly update their account information to ensure it remains accurate and up-to-date.

Lawful Use

Compliance with Laws: Users must comply with all applicable laws, regulations, and legal obligations when using our service.
Prohibited Activities: Users are prohibited from engaging in any unlawful, fraudulent, or abusive activities while using our service.

Respect for Others

Respectful Conduct: Users must conduct themselves in a respectful and courteous manner when interacting with other users or representatives of Workout Titan Limited.
No Harassment or Abuse: Users are prohibited from harassing, abusing, or intimidating others, including other users, staff members, or third parties.

Content Usage

Compliance with Copyright: Users must respect copyright laws and intellectual property rights when uploading, sharing, or using content on our service.
No Unauthorised Use: Users are prohibited from using copyrighted material or intellectual property without proper authorisation or licensing.

Prohibited Content

Content Guidelines: Users must adhere to content guidelines and restrictions provided by Workout Titan Limited, including but not limited to the prohibition of illegal, harmful, or inappropriate content.
Reporting Violations: Users are encouraged to report any violations of content guidelines or policies to Workout Titan Limited for appropriate action.

Cooperation with Investigations

Cooperation with Inquiries: Users must cooperate fully with any investigations conducted by Workout Titan Limited regarding suspected violations of these Terms of Service or any other policies.
Providing Information: Users may be required to provide information, evidence, or assistance as requested by Workout Titan Limited during the investigation process.

Intellectual Property

The Service, including its original content (excluding Content provided by users), features, and functionality, is and will remain the exclusive property of Workout Titan and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws of both the United Kingdom and foreign countries. Any unauthorised use, reproduction, distribution, or modification of the Service or its content may violate these laws.

Workout Titan Limited's trademarks, logos, and trade dress are proprietary marks of Workout Titan and may not be used in connection with any product or service without the prior written consent of Workout Titan Limited.

By uploading content to the Service, you grant Workout Titan Limited a worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and Workout Titan Limited's business operations. This license allows Workout Titan Limited to operate and improve the Service, as well as to promote and market Workout Titan Limited's products and services.

It is important to note that this license does not transfer ownership of your content to Workout Titan Limited. You retain all ownership rights to the content you upload, subject to the license granted to Workout Titan Limited.

Links To Other Websites

Workout Titan's Service may include links to third-party websites or services for your convenience and information. However, please be aware that Workout Titan Limited does not own or control these third-party sites and services.

Workout Titan cannot guarantee the accuracy, relevance, completeness, or timeliness of the content provided on these third-party websites or services. Additionally, the inclusion of any links does not imply endorsement or recommendation by Workout Titan Limited.

By accessing and using these third-party websites or services, you acknowledge and agree that Workout Titan is not responsible for the content, privacy policies, or practices of such websites or services. You further acknowledge and agree that Workout Titan Limited shall not be 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, goods, or services available on or through any such websites or services.

We strongly advise you to review the Terms of Service and Privacy Policy documentation of any third-party websites or services that you visit. It is your responsibility to ensure that you understand and agree to their terms and policies before engaging with them.

Termination

Workout Titan Limited reserves the right to terminate or suspend your account immediately and without prior notice or liability, for any reason whatsoever, including but not limited to:

Breach of these Terms of Service.
Violation of applicable laws or regulations.
Conduct that Workout Titan, in its sole discretion, determines to be harmful, inappropriate, or contrary to the best interests of the community or the platform.

Upon termination or suspension of your account, your right to access and use the Service will immediately cease. If you wish to terminate your account voluntarily, you may do so by discontinuing your use of the Service and following any applicable account closure procedures provided by Workout Titan Limited.

Please note that even after termination, certain provisions of these Terms of Service will continue to apply. These provisions include, but are not limited to:

Ownership provisions: Any rights and licenses granted to Workout Titan by you under these Terms will survive termination and continue in effect.
Warranty disclaimers: Any disclaimers of warranties provided by Workout Titan will remain in effect after termination.
Indemnity: Your indemnification obligations will survive termination, meaning you will still be responsible for any claims, damages, or liabilities arising from your use of the Service.
Limitations of liability: Any limitations of liability set forth in these Terms will continue to apply even after termination.

It is your responsibility to review and understand the implications of termination, including the survival of certain provisions, before using the Service. If you have any questions or concerns about termination, please contact Workout Titan for further clarification.

Indemnification

You agree to indemnify, defend, and hold harmless Workout Titan Limited, its licensees, licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, including but not limited to attorney's fees, arising from or related to:

Your use and access of the Service, whether by you or any person using your account and password.
Any breach of these Terms of Service by you.
Content posted on the Service by you or any user accessing the Service through your account.
Any violation of applicable laws, regulations, or third-party rights by you.
Any negligence or wilful misconduct on your part in connection with your use of the Service.

You agree to promptly notify Workout Titan Limited of any such claims and to cooperate fully with Workout Titan in the defence of any such claims. Workout Titan Limited reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to assist and cooperate with Workout Titan Limited in asserting any available defences.

Limitation Of Liability

In no event shall Workout Titan Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Service.
Any conduct or content of any third-party on the Service.
Any content obtained from the Service.
Unauthorised access, use, or alteration of your transmissions or content.

This applies whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Coach-Client Dispute Resolution

In the event of a dispute between a coach and a client arising from the use of coaches' programmes on the Workout Titan platform, both parties agree to first attempt to resolve the dispute amicably and in good faith through direct communication.

If a resolution cannot be reached through direct communication, Workout Titan Limited offers mediation services to facilitate the resolution of disputes. Both the coach and the client agree to participate in mediation in good faith and to cooperate fully in the process.

However, it is expressly understood and agreed that Workout Titan Limited acts solely as a facilitator in the mediation process and does not assume any liability for the outcome of the mediation or for any subsequent fallout or consequences that may result from failed mediation attempts.

Clients and coaches acknowledge that the results of mediation are non-binding and that either party may pursue legal remedies if a satisfactory resolution cannot be reached through mediation.

By using the Workout Titan platform, clients and coaches agree to waive any claims against Workout Titan Limited related to disputes arising from coaches' programmes and to hold Workout Titan Limited harmless from any damages, losses, or liabilities incurred as a result of such disputes.

Disclaimer of Liability for Coaches' Programmes

Workout Titan Limited provides access to coaches' programmes through its platform. However, clients acknowledge and agree that Workout Titan Limited shall not be liable for any damages, losses, or injuries arising from or related to coaches' programmes. Clients participate in coaches' programmes voluntarily and at their own risk.

No Warranty for Coaches' Programmes

Clients understand and agree that coaches' programmes are provided for informational and educational purposes only. Workout Titan Limited does not make any warranties, express or implied, regarding the effectiveness, accuracy, or safety of coaches' programmes. Clients acknowledge that results may vary and that individual experiences may differ.

Consultation with Healthcare Professional

Clients are strongly encouraged to consult with a qualified healthcare professional before starting any new exercise or nutrition program. Workout Titan Limited does not provide medical advice, diagnosis, or treatment. Clients assume full responsibility for their health and well-being when participating in coaches' programmes.

Intellectual Property Rights of Coaches' Programmes

Clients acknowledge that the programmes, including but not limited to workout routines, meal plans, and instructional materials, created by coaches are the intellectual property of the respective coaches. Workout Titan Limited does not claim any ownership rights over such programmes. Clients agree not to reproduce, distribute, or modify coaches' programmes without the express written consent of the respective coaches.

Acceptance of Risks

Acknowledgment of Inherent Risks

Clients acknowledge and understand that participation in fitness activities and following fitness programmes involves inherent risks, including but not limited to the risk of injury, illness, or adverse health effects. These risks may be caused by factors such as physical exertion, equipment malfunction, improper technique, or unforeseen circumstances.

Voluntary Participation

Clients voluntarily choose to participate in fitness activities and follow fitness programmes provided by coaches on the Workout Titan platform, fully understanding and accepting the risks involved. Clients acknowledge that they have been advised to consult with a qualified healthcare professional before starting any new exercise or nutrition program and that they assume full responsibility for their health and well-being.

Waiver of Liability

By using the Workout Titan platform and participating in coaches' programmes, clients waive any claims against Workout Titan Limited, its directors, employees, partners, agents, suppliers, or affiliates, related to injuries, illnesses, or other adverse health effects resulting from their participation in fitness activities or following fitness programmes. Clients agree to hold Workout Titan Limited harmless from any damages, losses, or liabilities incurred as a result of such risks.

Assumption of Responsibility

Clients understand that results from fitness activities and following fitness programmes may vary and are not guaranteed. Clients assume full responsibility for their progress, results, and adherence to program guidelines. Workout Titan Limited does not make any warranties, express or implied, regarding the effectiveness, accuracy, or safety of coaches' programmes, and clients acknowledge that individual experiences may differ.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Workout Titan, its subsidiaries, affiliates, and licensors make no representations or warranties of any kind, express or implied, regarding the availability, reliability, accuracy, completeness, or suitability of the Service for any purpose.

Workout Titan, its subsidiaries, affiliates, and licensors do not warrant that:

The Service will function uninterrupted, secure, or available at any particular time or location.
Any errors or defects will be corrected.
The Service is free of viruses or other harmful components.
The results of using the Service will meet your requirements or expectations.

No advice or information, whether oral or written, obtained from Workout Titan or through the Service, shall create any warranty not expressly stated in these Terms of Service.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Workout Titan, its subsidiaries, affiliates, licensors, directors, officers, employees, agents, or representatives be liable to you or any other person for any indirect, incidental, consequential, special, punitive, or exemplary loss or damage arising from, connected with, or relating to:

Your use of the Service.
These Terms of Service.
The subject matter of these Terms of Service.
The termination of these Terms of Service.
Any other matter relating to the Service or these Terms of Service.

This includes, but is not limited to:

Personal injury.
Loss of data.
Loss of business, markets, savings, income, profits, use, production, reputation, or goodwill, anticipated or otherwise.
Economic loss.

This applies under any theory of liability, whether in contract, tort, strict liability, or any other theory or law or equity, regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Workout Titan or any person for whom Workout Titan is responsible, and even if Workout Titan has been advised of the possibility of such loss or damage being incurred.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

In the event of any dispute arising out of or relating to these Terms or the Service, you agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Dispute Resolution

Negotiation and Informal Resolution

Good Faith Negotiation: In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Service or the use of our service ("Dispute"), the parties shall first seek to resolve the Dispute amicably through good faith negotiation.
Communication: The parties agree to promptly notify each other in writing of any Dispute and to engage in meaningful discussions with the aim of reaching a mutually acceptable resolution.
Assistance of Senior Management: If the Dispute cannot be resolved through initial negotiations, each party may involve senior management representatives to assist in resolving the matter.

Mediation

Mediation Procedure: If the Dispute remains unresolved after good faith negotiation, the parties agree to participate in mediation. The parties shall jointly select a mutually acceptable mediator or request the assistance of a reputable mediation service.
Mediation Sessions: The mediation process shall involve scheduled sessions during which the parties, with the assistance of the mediator, will explore potential solutions and negotiate in good faith to reach a settlement.
Confidentiality: All communications made during the mediation process shall be treated as confidential and shall not be disclosed to third parties without the express consent of both parties, except as required by law.

Arbitration

Arbitration Agreement: If mediation is unsuccessful in resolving the Dispute within a reasonable time, or if both parties agree in writing to bypass mediation, the Dispute shall be referred to arbitration.
Arbitration Institution/Association: The arbitration proceedings shall be conducted in accordance with the rules and procedures of [Arbitration Institution/Association], as agreed upon by the parties.
Arbitration Hearing: The arbitration hearing shall take place at a mutually agreed location and shall be conducted by a qualified arbitrator or panel of arbitrators appointed in accordance with the arbitration rules.

Legal Action

Legal Recourse: If arbitration is unavailable or unsuccessful, either party may pursue legal action in the appropriate court of law.
Jurisdiction: The parties agree that any legal proceedings shall be conducted in the courts of England and Wales, and they hereby submit to the exclusive jurisdiction of those courts for the purpose of any such legal action.

Costs

Cost Allocation: Each party shall bear its own costs, including legal fees and expenses, associated with resolving the Dispute, unless otherwise agreed upon in writing.

Data Protection

We are committed to protecting your personal data and complying with GDPR and the Data Protection Act 2018. For detailed information on how we collect, use, and protect your data, please refer to our Privacy Policy.

Your Data Rights

You have the right to:

Access your data
Rectify incorrect data
Erase your data
Restrict or object to processing
Data portability

To exercise these rights, contact us at [email protected].

Limitation of Liability

Nothing in these Terms shall limit or exclude our liability for:

Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Any other liability that cannot be excluded or limited by law.

Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Additional Policies

Please refer to our legal documentation, including:

You agree that these documents constitute part of these terms. You must read all of our legal documentation before you use the Service.

Contact Us

If you have any inquiries or require clarification regarding these Terms of Service, we encourage you to promptly contact us via email at [email protected]. Our dedicated legal team is committed to providing assistance and addressing any concerns you may have in a timely and comprehensive manner. Your satisfaction and understanding of our privacy practices are of paramount importance to us, and we appreciate the opportunity to serve you diligently.