1.1. These Terms and Conditions ("Terms") govern your access and use of our sports application (the "App") and our website found at www.athleet.app (the "Website"). The App and the Website are owned and operated by Athleet Ltd, a company registered in England and Wales under company number 15223611 and with our registered office at 9 Hazel Road, Swansea, SA2 0LU, United Kingdom (the "Company", "we", "us", or "our"). Please read these Terms carefully and contact us if you have any questions or concerns.
1.2. By downloading, installing, accessing, or using the App or the Website, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms and our Privacy Policy, you must not download, install, access, or use the App or the Website.
1.3. We may update or modify these Terms from time to time to reflect changes in our practices, the App, the Website, or the law. We will notify you of any material changes by posting the updated version on the App and the Website, and by sending you an email or a push notification, where appropriate. Your continued use of the App or the Website after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms regularly to stay informed about the terms and conditions that apply to your use of the App and the Website.
2.1. The App and the Website are intended for users who are at least 13 years old. If you are under 13 years old, you must not download, install, access, or use the App or the Website. If you are between 13 and 18 years old, you must obtain the consent of your parent or guardian before downloading, installing, accessing, or using the App or the Website.
2.2. To use the App or the Website, you must register for an account and provide us with some personal data, such as your name, email address, phone number, date of birth, gender, and profile picture. You must provide accurate, complete, and current information, and update it as necessary. You are responsible for maintaining the security and confidentiality of your account and password, and for all activities that occur under your account. You must not share your account or password with anyone, or use anyone else's account or password. You must notify us immediately of any unauthorised access or use of your account or password, or any other breach of security.
2.3. We reserve the right to suspend or terminate your account, or to refuse or restrict your access or use of the App or the Website, at any time and for any reason, without notice or liability, including if you violate these Terms, our Privacy Policy, or any applicable law.
3.1. You may use the App and the Website for your personal, non-commercial, and lawful purposes only, in accordance with these Terms and our Privacy Policy. You may not use the App or the Website for any other purposes, or in any manner that is illegal, harmful, abusive, offensive, fraudulent, infringing, or otherwise objectionable.
3.2. You agree that you will not:
3.1.1. Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the App, the Website, or any part of them, except as expressly permitted by law or by us in writing
3.1.2. Rent, lease, sell, sublicense, distribute, transfer, or otherwise exploit the App, the Website, or any part of them, or make them available to any third party, without our prior written consent
3.1.3 Interfere with, disrupt, damage, or impair the App, the Website, or any server, network, or system connected to or used by them, or violate any security or technical requirements or policies
3.1.4 Use any robot, spider, scraper, or other automated or manual means to access, monitor, or extract data from the App, the Website, or any part of them, or to bypass any measures we may use to prevent or limit such access
3.1.5 Introduce any virus, malware, or other harmful or malicious code or content to the App, the Website, or any part of them, or otherwise attempt to gain unauthorised access to or use of them or any data or information stored on or transmitted by them
3.1.6 Remove, alter, or obscure any copyright, trademark, or other proprietary notices or labels on or in the App, the Website, or any part of them
3.1.7 Post, upload, transmit, or share any content or information that is unlawful, harmful, abusive, offensive, defamatory, obscene, vulgar, hateful, harassing, threatening, invasive of privacy or publicity rights, infringing, or otherwise objectionable, or that may expose us or any other user to any liability or harm
3.1.8 Post, upload, transmit, or share any content or information that is false, misleading, inaccurate, or incomplete, or that impersonates or misrepresents your identity, affiliation, or credentials
3.1.9 Post, upload, transmit, or share any content or information that violates or infringes any rights of any third party, including intellectual property rights, privacy rights, or contractual rights
3.1.10 Post, upload, transmit, or share any unsolicited or unauthorised advertising, promotional materials, spam, junk mail, or any other form of solicitation
3.1.11 Post, upload, transmit, or share any content or information that contains any personal data of any third party, without their consent or in violation of any applicable law
3.1.12 Post, upload, transmit, or share any content or information that is subject to any confidentiality, non-disclosure, or non-competition obligations or agreements, or that discloses any trade secrets or Confidential Information of any third party
3.1.13 Post, upload, transmit, or share any content or information that is intended or likely to cause harm, offence, or annoyance to any other user or any third party, or to interfere with or disrupt their use or enjoyment of the App or the Website
3.3. We do not monitor, review, endorse, or approve any content or information posted, uploaded, transmitted, or shared by you or any other user on or through the App or the Website. However, we reserve the right, but not the obligation, to remove, edit, or block any such content or information, at any time and for any reason, without notice or liability, at our sole discretion. We also reserve the right, but not the obligation, to report any such content or information to the relevant authorities, if we believe that it violates any applicable law or these Terms.
3.4. You are solely responsible for any content or information that you post, upload, transmit, or share on or through the App or the Website, and for the consequences of doing so. You represent and warrant that you have the right and authority to post, upload, transmit, or share such content or information, and that it does not violate or infringe any rights of any third party, or any applicable law or these Terms. You grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sub-licensable licence to use, reproduce, modify, adapt, publish, distribute, display, and perform such content or information, in whole or in part, for any purpose, in any media, without compensation or attribution to you.
3.5. You acknowledge and agree that when you use the App or the Website, you may be exposed to content or information posted, uploaded, transmitted, or shared by other users, and that we are not responsible or liable for the accuracy, completeness, legality, quality, or suitability of such content or information, or for any loss or damage that may result from your reliance on or use of such content or information. You also acknowledge and agree that your interactions and communications with other users are solely between you and them, and that we are not responsible or liable for any disputes, claims, or damages that may arise from or in connection with such interactions and communications. You should exercise caution and common sense when dealing with other users, and not disclose any personal or sensitive information to them, or meet them in person, unless you are confident and comfortable with doing so.
4.1. If you buy any of our paid Services, you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services.
4.2. You agree that:
4.2.1. your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates);
4.2.2. we may store and continue billing your payment method (e.g., credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy;
4.2.3. if you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period;
4.2.4. you will honour your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices; and
4.2.5. we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
5.1. We and our licensors own and retain all rights, title, and interest in and to the App, the Website, and all content, features, functionality, software, code, data, information, and materials on or in the App or the Website, including any trademarks, logos, designs, graphics, images, text, audio, video, and other elements (collectively, the "Content"), and any modifications, enhancements, or derivatives thereof. Nothing in these Terms grants or transfers to you any ownership or proprietary rights in or to the App, the Website, or the Content, or any licence or right to use any of our or our licensors' trademarks, logos, or other intellectual property, except as expressly stated in these Terms or as authorised by us in writing.
5.2. You may download, install, access, and use the App and the Website, and view and print the Content, for your personal, non-commercial, and lawful purposes only, in accordance with these Terms and our Privacy Policy. You may not copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the App, the Website, or the Content, or any part of them, except as expressly permitted by law or by us in writing. You may not rent, lease, sell, sublicense, distribute, transfer, or otherwise exploit the App, the Website, or the Content, or any part of them, or make them available to any third party, without our prior written consent. You may not remove, alter, or obscure any copyright, trademark, or other proprietary notices or labels on or in the App, the Website, or the Content, or any part of them.
5.3. You acknowledge and agree that any feedback, suggestions, ideas, or other information that you provide to us regarding the App, the Website, or the Content, or any improvements, modifications, or enhancements thereof, are non-confidential and non-proprietary, and that we may use, disclose, or implement them, in whole or in part, for any purpose, in any media, without compensation or attribution to you.
6.1. The App, the Website, and the Content are provided "as is" and "as available", without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the App, the Website, or the Content will be uninterrupted, error-free, accurate, complete, reliable, secure, or free from viruses, malware, or other harmful or malicious code or content, or that any defects or errors will be corrected, or that your use of the App, the Website, or the Content will achieve any particular results or outcomes. We do not warrant that the App, the Website, or the Content are suitable or appropriate for your needs, expectations, or objectives, or that they comply with any laws or regulations that may apply to you or your location. You are solely responsible for your use of the App, the Website, and the Content, and for any decisions or actions that you make or take based on or in reliance on the App, the Website, or the Content. You acknowledge and agree that your use of the App, the Website, and the Content is at your own risk and discretion, and that you should consult a professional or an expert before relying on or using any information or advice provided by the App, the Website, or the Content.
7.1. We and our affiliates, directors, officers, employees, agents, contractors, licensors, and partners (collectively, the "Released Parties") disclaim any liability to you or any third party for any damages arising from your use of or inability to use the App, the Website, or the Content.
7.2. This includes any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, or any loss of profits, revenue, data, goodwill, or other intangible losses. It also includes any damages arising from any content or information posted, uploaded, transmitted, or shared by you or any other user on or through the App or the Website, or any interactions or communications with other users or any third party.
7.3. This disclaimer applies to any breach of these Terms, our Privacy Policy, or any applicable law, whether based on contract, tort, negligence, strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages. The only exception is if the law does not allow us to exclude or limit certain damages in your jurisdiction. In that case, our liability to you or any third party will not exceed the amount paid by you to us, if any, for accessing or using the App or the Website in the 12 months preceding the event giving rise to the liability, or £100, whichever is greater.
8.1. You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses, including legal fees and expenses, arising out of or in connection with your use of or inability to use the App, the Website, or the Content, or any content or information posted, uploaded, transmitted, or shared by you or any other user on or through the App or the Website, or any interactions or communications with other users or any third party, or any breach of these Terms, our Privacy Policy, or any applicable law, by you or anyone using your account or password.
8.2. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with us in such defence.
8.3. This disclaimer applies to any breach of these Terms, our Privacy Policy, or any applicable law, whether based on contract, tort, negligence, strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages. The only exception is if the law does not allow us to exclude or limit certain damages in your jurisdiction. In that case, our liability to you or any third party will not exceed the amount paid by you to us, if any, for accessing or using the App or the Website in the 12 months preceding the event giving rise to the liability, or £100, whichever is greaterYou agree not to settle any matter without our prior written consent..
9.1. These Terms will remain in effect until terminated by either you or us.
9.2. You may terminate these Terms at any time by deleting your account and uninstalling the App from your device, and by ceasing to access and use the Website.
9.3. We may terminate these Terms at any time by suspending or terminating your account, or by refusing or restricting your access or use of the App or the Website, at our sole discretion and without notice or liability, for any reason or no reason, including if you violate these Terms, our Privacy Policy, or any applicable law.
9.4. Upon termination of these Terms, your right to access and use the App and the Website, and any Content, will immediately cease, and you must delete the App from your device, and cease to access and use the Website.
9.5. Any provisions of these Terms that by their nature should survive termination will survive termination, including but not limited to the provisions on intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and governing law and jurisdiction.
10.1. These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation, including non-contractual disputes or claims, are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.
10.2. You and we agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any disputes or claims arising out of or in connection with these Terms or their subject matter or formation, including non-contractual disputes or claims, except that we may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain the infringement, misappropriation, or violation of our or our licensors' intellectual property rights.
11.1. These Terms and our Privacy Policy constitute the entire agreement between you and us regarding your use of the App and the Website, and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the same subject matter.
11.2. No waiver of any provision of these Terms or our Privacy Policy will be effective unless made in writing and signed by us.
11.3. No waiver of any breach or default of these Terms or our Privacy Policy will constitute a waiver of any subsequent breach or default, or a waiver of the provision itself.
11.4. If any provision of these Terms or our Privacy Policy is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the affected provision will be construed in a manner that most closely reflects the original intent of the parties.
11.5. You may not assign or transfer any rights or obligations under these Terms or our Privacy Policy, by operation of law or otherwise, without our prior written consent.
11.6. We may assign or transfer any rights or obligations under these Terms or our Privacy Policy, in whole or in part, to any third party, without notice or consent, at our sole discretion.
11.7. Nothing in these Terms or our Privacy Policy creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and us, or confers any rights or benefits on any third party, except as expressly stated in these Terms or our Privacy Policy.
11.8. Any notices or communications that we send to you will be deemed to have been duly given and received when sent to the email address or phone number that you provided to us, or when posted on the App or the Website, or when otherwise made available to you.
12.1. If you have any questions or comments about these Terms, or if you want to report any violations or breaches of these Terms, please contact us via email: [email protected].
These Terms were last updated on 28th January 2024.