Hello
Welcome to Pumponomics! We are here to help you get fit, and stay fit!
Thank you for using our products and services (“Services”). Before you can get started, we need to run through some important information with you so that you are aware of your rights and also our rights in relation to the Services that we offer.
This Terms of Service Agreement (“Agreement”) is a legal agreement between Pumponomics Limited (“Pumponomics”, “we”, “us”) and any person (“user”, “you”, or “your”) who uses the Pumponomics mobile app (our “App”) which is available via the Apple App Store for iOS devices and Google Play Store for Android devices, pumponomics.com (our “Website”), or any other service that we offer, all collectively referred to as our Services.
By using our Services, you are agreeing to the terms of this Agreement so please read through carefully. If you do not agree to abide by all of the terms and conditions described in this Agreement then you may not access or use any of our Services.
For further clarification on any of the terms and conditions outlined in this Agreement, please get in touch with us by sending an email to [email protected] before using our Services.
Use of Service
Account
Trial Period
Subscriptions
Prohibited Activities
Termination of Service
Links to Third Party Content
Feedback
Intellectual Property Rights
Privacy
Limitations of Liability
Indemnification
Dispute Resolution
Updates to this Agreement
Information About Us
Governing Law
Use of Service
In order to use our Services, you agree that you are 18 years old or older, or otherwise have consent from a parent or guardian. In any case, you must be at least 16 years old to use the Services in any way. To make a purchase via our Services, you must also be able to legally enter into a binding contract.
Our Services are designed to offer guidance to help you get fit and healthy and should only be used by individuals who are in good health and able to perform strenuous physical exercise. The information that we provide does not constitute medical advice or doctor’s advice. You agree that use of our Services is entirely at your own risk. We advise that you consult an appropriate physician if you have any concerns about your health or otherwise before proceeding to use our Services.
Specifically, by creating an account and using our Services, you affirm that the following statements are all true:
- No physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician
- You have never felt chest pain when engaging in physical activity
- You have not experienced chest pain when not engaged in physical activity at any time within the past several months
- You have never lost your balance because of dizziness and you have never lost consciousness
- You do not have a bone or joint problem that could be made worse by a change in your physical activity
- Your physician is not currently prescribing drugs for your blood pressure or heart condition
- You do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems
- You do not know of any other reason you should not exercise
- And, if applicable, you are not pregnant, breastfeeding or lactating
Alternatively, you affirm that your physician has specifically provided you with approval for you to use our Services.
For any nutritional guidance or specific meal plans that we may offer you as part of our Service, you agree that you are responsible for ensuring that the food and supplements do not contain any ingredients that you are allergic or have an intolerance to.
If, for any reason, you start to feel unwell, stop training immediately and seek medical assistance.
You agree that we, and any of our affiliates, are not liable for any form of injury that may result, either directly or indirectly, from any of our training tips, nutritional guidance, or specific workout or meal plans, or any other part of the Service that we make available to you.
If you are unsure how to perform a particular exercise, we recommend that you consult a qualified personal trainer at your gym for support and guidance.
Account
In order to use certain services that we offer, you will need to create an account with us using your email address and a password (“account credentials”) of your choosing. You understand that it is your responsibility to keep your credentials safe and secure. You agree that you are responsible for all activity associated with your account, except in the case of a security breach caused by us.
Please ensure that you monitor activity on your account. If you encounter any suspicious activity on your account, please report this to a member of our team by sending an email to [email protected].
Trial Period
When you first create an account, you can evaluate our full Service for a defined trial period specified in the app with no obligation to continue to use the Service after the expiry of the trial period. If you choose to continue using the Service after the expiry, some features will no longer be available until you purchase a subscription. Any unused portion of a free trial period will be forfeited if you purchase a subscription. If you choose not to continue using the Service then you can delete your account by navigating to the ‘Manage Account’ screen within our App.
Subscriptions
We offer the ability to request new fitness plans monthly via our Service to users with an active paid subscription. We will indicate the numbers of days left until you can request a new plan on the Home screen of our App or display a button to request a new plan if you are eligible to do so. If you allow our app to send you notifications, then you will receive a notification when it is time to request a new plan, otherwise, you should check the status via the Home screen of our app regularly. Please note that we do not operate a tokens or credits system, so if you do not take up your fitness plan within the given timeframe in a given month, you will not be able to roll over your entitlement to a fitness plan in the next month. Subscriptions can be purchased via our App and will automatically renew until you explicitly terminate your subscription. We will clearly state the amounts due and payable by you before you place an order for a Subscription. A contract is entered into by you at the point at which you click the “Confirm Purchase”, or similar, button.
Payments for Subscriptions will be processed by us or by a third party mobile app payments provider, such as the Google Play Store or the Apple App Store as applicable. You can find the applicable in-app purchase rules and policies directly from the relevant app store. Instructions to view the status of your Subscription or to cancel your Subscription for the Apple App Store can be found here, and instructions for the Google Play Store can be found here.
Any refunds will be reviewed and processed by our chosen third party payments provider which processed your payment.
Prohibited Activities
Our services are designed to help you as an individual and you agree to use our Services fairly and in good faith. Specifically, as a user of our Services, you agree not to engage in any of the following activities:
- Attempt to impersonate another user or person or use the email address of another user.
- Use our Services as part of any effort to compete with us or otherwise use our Services and/or content for any income generating purpose or commercial use.
- Decompile or reverse engineer any of the software which make up any of our Services
- Make improper use of our support services
- Interfere with, disrupt, or create an undue burden on our Services
- In our opinion, cause harm to us and/or our Services.
- Use our Services inconsistent with any applicable laws or regulations.
Termination of Service
Both parties can initiate the termination of the Service provided to You. You agree that we may terminate your account and/or access to our Services under certain circumstances, in our sole discretion and without prior notice. Circumstances which could cause such a termination include, but are not limited to:
- Breaches or violations of the Agreement or other incorporated agreements, policies or guidelines
- A discontinuance or material change to part or all of the Service
- Failure by you to pay any fees owed by you in connection with our Services.
- Any extended periods of inactivity
- Unexpected technical or securities issues or problems
- Requests by law enforcement or other government agencies
Further, you agree that Pumponomics shall not be liable to you or any third party for any termination of your account or access to the Services. Upon termination, all licenses and other rights granted to you in this Agreement will immediately cease.
Links to Third Party Content
We may provide links to other websites or resources throughout our Services. For your added convenience, Pumponomics may suggest reviewing content curated by third parties which may be subject to change or removal without prior notice. You agree that access and use the content provided by third parties is solely at your own risk.
We are not responsible or liable for any content, information, advertising, products or other materials on or available from the third party. You understand and agree that Pumponomics is not responsible for the availability of such external sites or resources. If a dispute arises between you and any such third party, you understand and agree that Pumponomics is under no obligation to become involved.
Feedback
You are welcome to submit or we may invite you to offer feedback from time to time in the form of comments, suggestions or ideas about how we can improve our Service (“Feedback”).
By submitting Feedback, you agree that your disclosure is in good faith, unsolicited and without restriction and will not place Pumponomics under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. Further, you acknowledge that, by acceptance of your submission, Pumponomics does not waive any rights to use similar or related ideas previously known to Pumponomics, either developed by its employees, or obtained from sources other than you.
Intellectual Property Rights
Our services are our proprietary property which include all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, unless otherwise stated or offered royalty free, and protected by copyright, trademark, and other laws of the United Kingdom and foreign countries, and international copyright law.
All trademarks, service marks, logos, slogans, trade names, and designs, whether registered or unregistered, used in connection with the Services are owned by us or our third party licensors. Except as expressly provided in this Agreement, you agree that no part of our Service may be copied, altered, republished, uploaded, posted, publicly displayed, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the owner’s express prior written permission.
Privacy
Your privacy is very important to us. Our Privacy Policy outlines how we collect, use, retain, disclose and protect your Personal Data, and can be found here. You agree to review the terms that make up our Privacy Policy, which we may update from time to time.
Limitations of Liability
You agree that in no event will we, or our directors, officers, employees, subsidiaries, agents, partners and affiliates be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
You agree that our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the 3 month period prior to any cause of action arising. Some state laws do not permit for liability, therefore, if these laws apply to you, some or all of the disclaimers or limitations outlined in this section may not apply to you, and you may have additional rights. However, 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; or for fraud or fraudulent misrepresentation.
We make no warranties as to our Website, App or Service of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purposes or functionality. We do not warrant that our Services will be uninterrupted or functional at all times or error-free, nor do we warrant the results of our Services in respect of your personal health and fitness. Whilst we hope that using our Services will result in your increased fitness and overall improved health, we cannot offer any guarantees or promises as to the results which each individual may or may not achieve.
Indemnification
You agree to indemnify, and hold us harmless, including our directors, officers, employees, subsidiaries, agents, partners and affiliates from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of your use of our Services, or your breach of this Agreement.
Dispute Resolution
In the event of a dispute between us and you, it is our goal to work with you to address your concerns as best as possible, and if we are unable to do so satisfactorily, to offer you a neutral and cost effective means of resolving the dispute as quick as possible. You can notify us of a dispute between us and you at any time by emailing our team at [email protected] or via the form on the Contact Us page of our website.
You agree to use your best efforts to negotiate in good faith, and to first attempt to settle any dispute informally (“Informal Negotiation”) for at least 14 days. In the event that such dispute cannot be settled amicably through an Informal Negotiation, you or we can propose that structured negotiations (“Structured Negotiations”) commence with the assistance of a nationally accredited and certified mediator. If a mediator cannot be agreed, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, you or we may apply to an independent third party to appoint one within 14 days of the date of knowledge of either event. Within 14 days of the appointment of the mediator, we will meet with you and the mediator to agree upon the procedure to be adopted for the mediation, unless otherwise agreed between us and you.
If the parties agree on a resolution of the dispute during Structured Negotiations, the resultant agreement will be formalised in writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them. If, however, a resolution to the dispute is not reached within 60 days (or such other term agreed between the parties) of the mediator being appointed, or if you or we withdraws from the mediation procedure, then either you are we may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by a nationally accredited and certified arbitration body.
Further, you agree that in no event shall any claim, action, or proceeding brought by either you or us relating in any way to our Services be initiated more than 1 year after the cause of action arose, and that any dispute shall not affect the parties’ ongoing obligations under this policy.
Updates to this Agreement
We may update this Agreement in future at our sole discretion. We will notify you of any material changes to this Agreement (“Updated Agreement”), after which continued use of one or more of our Services will mean that you agree to be bound by the Updated Agreement. If the Updated Agreement is not acceptable to you, then you agree to cease using our Services with immediate effect. This Agreement will govern any disputes arising before the effective date of the Updated Terms of Service.
Information About Us
Pumponomics Limited is registered in the United Kingdom with company number 11053763 and registered address of 58 Millet Road, Greenford, Middlesex, UB6 9SH.
Governing Law
This Agreement will be governed by and interpreted according to the law of England. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English courts.
Last modified: 30 August 2018