Privacy Policy and EULA

Terms and Conditions

1. Introduction

Welcome to exerseek, a mobile application developed to connect users with activity providers for various services and sessions. By using exerseek, you agree to comply with and be bound by the following terms and conditions ("Terms"). Please review them carefully. If you do not agree to these Terms, you should not use this app.

2. Definitions

App: Refers to the exerseek mobile application.

User: Any individual who uses the exerseek app.

Activity Provider: Businesses or individuals who advertise their services and sessions on exerseek.

Place: A physical location advertised on exerseek, such as a gymnasium, providing details such as location, services, facilities, and special offers.

Session: A specific service or activity that can be booked by users.

Post: An advertisement or message created by an Activity Provider.

Connection: Equivalent to a ‘Friend’ on exerseek, allowing communication and interaction between users.

3. Account Creation and User Profile

3.1 Standard User Account

Users must create an account and accept these Terms.

A profile must be completed with a profile image and location information. Only the town or city name is visible to others, if available through Google address lookup.

Location information is used to display nearby Businesses and Places within a chosen distance. Default distance is 20 miles.

3.2 Activity Provider Account

Standard Users can upgrade to Activity Provider by purchasing a subscription.

Activity Providers must ensure they have the necessary insurances and qualifications for their specific activity.

Activity Providers must have an active subscription to advertise services, create sessions, or list Places.

Activity Providers can create Group Sessions, 1-to-1 Sessions, and 1-to-1 Sessions with bookable time slots.

4. Services and Payments

4.1 Posts and Sessions

Activity Providers can create up to three active Posts, which expire after a set date. New Posts can be created as they expire.

Sessions must be actively managed, including the possibility to cancel or modify them, provided users are notified. Refunds are manually processed where applicable.

4.2 Payment Methods

exerseek does not take a portion of any session booking payments.

Activity Providers may choose their preferred payment method, including cash or card payments, which are handled outside of exerseek.

Stripe Connect integration is available for processing card payments. However, exerseek is not responsible for managing these transactions, refunds, or disputes.

4.3 Subscription Refund Policy

Subscriptions are non-refundable. If an account is blocked or deleted due to misuse or violations of these Terms, no refunds will be issued for any remaining subscription period.

5. Content and Conduct

5.1 User Conduct

Users must be respectful and refrain from posting offensive or inappropriate content.

Reviews can be left for Activity Providers and must be honest and respectful.

5.2 Activity Provider Responsibilities

Activity Providers are responsible for ensuring sessions are safe, legal, appropriate for the App’s purpose, and that any necessary liability insurances are in place. They must also ensure that booked users are informed of any cancellations or modifications.

Activity Providers may require users to complete a waiver and a basic fitness assessment before attending sessions. These may be created on exerseek or use existing forms.

Waivers and fitness assessments are confidential and only accessible by the booking user and the Activity Provider. They are stored electronically and will be deleted if the user deletes their account.

Activity Providers reserve the right to reject booked users from sessions if waivers are not completed or if dishonesty is suspected regarding age, medical condition, or fitness state. Refunds are not required in such cases.

6. Privacy Policy

exerseek is committed to protecting your privacy. Please refer to our Privacy Policy for details on how we collect, use, and protect your information.

7. Platform-Specific Terms

7.1 Apple-Specific Terms

Acknowledgement

This End-User License Agreement ("EULA") is between you and exerseek, not Apple. exerseek is solely responsible for the App and its content. The use of this App must also comply with the Apple Media Services Terms and Conditions.

Scope of License

The license granted to you is a non-transferable license to use the App on any Apple-branded device that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The App may also be accessed by other accounts via Family Sharing or volume purchasing.

Maintenance and Support

exerseek is solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish maintenance or support services.

Warranty

In the event of any failure of the App to conform to applicable warranties, you may notify Apple, and Apple will refund the purchase price (if applicable). To the maximum extent permitted by law, Apple will have no other warranty obligations. exerseek is solely responsible for all other claims, losses, liabilities, damages, and costs related to any warranty failures.

Product Claims

You acknowledge that exerseek, not Apple, is responsible for addressing any claims related to the App or your possession and/or use of the App, including but not limited to:

Product liability claims.

Claims that the App fails to conform to legal or regulatory requirements.

Claims under consumer protection or privacy laws.

Intellectual Property Rights

In the event of any third-party claim that the App infringes on intellectual property rights, exerseek will be solely responsible for investigating, defending, settling, and discharging such claims.

Legal Compliance

By using the App, you represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country and are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Beneficiary

You and exerseek acknowledge that Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of the EULA, Apple will have the right to enforce it against you.

7.2 Google-Specific Terms

Acknowledgement

This EULA is between you and exerseek, not Google. exerseek is solely responsible for the App and its content. The use of this App must also comply with the Google Play Terms of Service.

License

The license granted to you is a non-transferable license to use the App on any Android device that you own or control and as permitted by the usage rules set forth in the Google Play Terms of Service.

Maintenance and Support

exerseek is solely responsible for providing maintenance and support for the App. Google has no obligation to furnish maintenance or support services.

Warranty and Refunds

In the event of any failure of the App to conform to applicable warranties, you may contact Google for a refund of the purchase price (if applicable). exerseek is responsible for addressing claims, losses, liabilities, damages, and costs related to any warranty failures.

Product Claims

exerseek is responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to:

Product liability claims.

Claims that the App fails to conform to legal or regulatory requirements.

Claims under consumer protection or privacy laws.

8. Termination of Service

exerseek reserves the right to terminate user accounts for:

Posting offensive or inappropriate content.

Causing financial loss to an Activity Provider.

Failing to comply with these Terms.

9. Liability and Disclaimers

Users attend sessions at their own risk. Activity Providers must have insurance to cover potential risks.

exerseek and its associates and employees are not liable for any injuries or issues arising from attending sessions.

10. Governing Law

These Terms are governed by the laws of the United Kingdom. Users and Activity Providers must adhere to the laws of their respective countries.

11. Age Restrictions

Users must be over the age of 14. Those under 18 may require a parent or guardian to sign a consent waiver before booking and attending any sessions. Activity Providers reserve the right to reject users under 18 or over 70 if their activity requires specific training, qualifications, or insurances.

12. Third-Party Terms of Agreement

Users must comply with applicable third-party terms of agreement when using exerseek, including but not limited to data or network usage terms from wireless service providers.

13. Connections and Messaging

Users can add Connections using a shareable ‘Connect Code.’

Connections can send messages and, where applicable, see whether they have booked onto Group Activity Sessions. These messages must be legal and adhere to the terms outlined in this document.

14. Developer Contact Information

For questions, complaints, or claims regarding the App, contact:

Name: exerseek Ltd.

Address: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ

Email: admin@exerseek.com

15. Waivers and Assessments

Activity Providers may require users to complete waivers and fitness assessments.

Waivers require name, contact details, emergency contact information, and an acknowledgment of risks.

Assessments disclose non-sensitive medical information and are only viewable by the Provider and the booking User.

16. Deletion of Accounts

Users can delete their exerseek account. This process removes all linked personal, session, waiver, and fitness assessment information from the database.

Once an account is deleted, the data cannot be recovered.

17. Amendments

exerseek reserves the right to modify these Terms at any time. Users will be notified of any changes, and continued use of the App constitutes acceptance of the revised Terms.

Privacy Policy for exerseek

Effective Date: 1st August 2024

1. Introduction

Welcome to exerseek ("we," "our," or "us"). We are committed to protecting your privacy and ensuring that your personal information is handled in a safe and responsible manner. This Privacy Policy outlines how we collect, use, disclose, and safeguard your information when you use our mobile application (the "App").

2. Information We Collect

Standard User Account Information: We collect personal data when you register for a Standard User Account. This includes:

Full Name

Location Address (We only display the relevant Town or City as provided by Google lookup)

Any entered profile information, including profile picture

Latitude and longitude for determining distance to local advertisers

Activity Provider Account Information: For users registered as Activity Providers, we collect information relevant to their business:

Business Name

Activity Provider Name

Full Address (for displaying directions to sessions and displaying Posts to Users)

Qualifications

Category Information

User Profile

Waiver Information: When waivers are required, we collect and store:

Names

Telephone Numbers

Emergency Contact Numbers

Date of Birth (to ascertain eligibility for booking and guardian requirements)

Waivers are specific to an Activity Provider and are accessible only by the Provider and the booking User

Fitness Assessment Information: For basic fitness assessments, we collect:

Disclosure of medical conditions and medications

Fitness assessments are viewable only by the requesting Activity Providers and when the User has completed a session booking with them

3. Use of Your Information

We use the collected information to:

Provide and improve our services

Facilitate bookings and sessions with Activity Providers

Display relevant local advertisers

Ensure compliance with legal and safety requirements

4. Disclosure of Your Information

We do not share personal information with third parties.

Waivers and fitness assessments are only accessible by the specific Activity Provider and the booking User.

5. Data Security

We implement security measures to protect your personal information. However, please note that no method of transmission over the internet or method of electronic storage is 100% secure. The Chat functionality within exerseek is not encrypted.

6. Third-Party Services

We use Stripe to manage credit card and transactional information, where opted in to by an Activity Provider. All financial data is handled in accordance with Stripe's usage policies and is handled on their platform integration.

7. Your Choices

You can update your profile information through the App.

You may request to delete your account and personal data, by utilising the delete account functionality, or by contacting us directly.

8. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

9. Contact Us

If you have any questions or concerns about this Privacy Policy or Terms and Conditions, please contact us at: admin@exerseek.com