Terms of Service — Workout Titan

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. Registered with the ICO under registration number ZB796869. We, Workout Titan Limited ("us", "we", or "our"), operate the website found at https://www.workouttitan.com, the Basecamp coaching platform found at https://www.basecamp.workouttitan.com, and the mobile application available for download on the Apple App Store, for iOS and iPadOS, and on the Google Play Store, for Android, 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.

Workout Titan Limited provides a platform for creating and delivering personalised fitness programmes, with AI assistance built in. It is available through the Basecamp coaching platform at https://www.basecamp.workouttitan.com and through our mobile application on the Apple App Store and Google Play Store.

Coaches use the Service to build and manage training and nutrition programmes for their clients. Clients create their own account, join their coach by invitation, and use the Service to follow their programme, record their training and nutrition, and message their coach.

Coaches subscribe to the Service. Client access is provided through the coach who invited them.

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.

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 must not post content that is illegal, harmful, abusive, or that infringes anyone's rights. 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.

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.

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.

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.

You must be at least 16 years old to create an account and use the Service. By creating an account you confirm that you are.

Coeus, our AI assistant, is available only to users aged 18 or over. If you are under 18 you may use the rest of the Service, but Coeus will not be made available to you.

If we become aware that an account belongs to someone who does not meet these requirements, we may suspend or close it.

Coeus is an AI assistant built into the Basecamp coaching platform. It produces suggestions, drafts and summaries based on the information in your account.

Coeus is not professional advice. It is not a substitute for guidance from a qualified coach, a healthcare professional or any other expert, and you must not rely on it as though it were.

Coeus can be wrong. Its responses may be inaccurate, incomplete or unsuitable for your circumstances. You are responsible for reviewing what it produces before you act on it, and coaches are responsible for reviewing it before passing it to a client.

We ask for your consent before Coeus uses your information, separately from these Terms, and you can withdraw that consent at any time under Manage account. How Coeus handles information is described in our Privacy Policy.

If you use the Service as a coach, the following applies to you in addition to everything else in these Terms.

You confirm that you are professionally qualified to provide the fitness and training guidance you deliver through the Service, and that you hold any registration, insurance or certification required where you practise. We do not verify coach qualifications, and we do not review the programmes or advice you deliver.

You are responsible for the programmes, advice and guidance you provide to your clients through the Service. That responsibility is yours and not ours.

You must have your client's agreement before recording information about them on the Service, and you must use their information only to coach them. If you take a client's information outside the Service, you are responsible for what happens to it.

You must not present yourself as an employee, agent or representative of Workout Titan Limited.

Understanding Terms: By accessing or using our Service, you agree to comply with these Terms of 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.

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.

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.

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.

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

Prohibited Content: Users must not post content that is illegal, harmful, abusive, or that infringes anyone's rights.
Reporting Violations: Users are encouraged to report any violations of content guidelines or policies to Workout Titan Limited for appropriate action.

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.

The Service, including its original content (excluding Content provided by users), features, and functionality, is and will remain the exclusive property of Workout Titan Limited 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 Limited and may not be used in connection with any product or service without the prior written consent of Workout Titan Limited.

The licence you grant us over your Content is the one set out in the Content section above. It is limited to operating, providing and improving the Service. We will not use your Content to promote or market Workout Titan Limited without asking you first.

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.

Our 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 Limited 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 Limited 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.

Workout Titan Limited may suspend or terminate your account where we reasonably believe that one of the following applies. Where it is practical and lawful to do so, we will tell you first and give you an opportunity to put the matter right:

Breach of these Terms of Service.
Violation of applicable laws or regulations.
Conduct that we reasonably consider harmful, inappropriate, or contrary to the interests of other users or of 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 Limited by you under these Terms will survive termination and continue in effect.
Warranty disclaimers: Any disclaimers of warranties provided by Workout Titan Limited 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 Limited for further clarification.

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 legal 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 Limited 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. This section applies only to the extent permitted by law and does not affect your rights as a consumer; if you are a consumer, it applies only where a claim arises from your breach of these Terms or from unlawful conduct on your part.

Subject to the Statutory Liability section below, 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.

Subject to the Statutory Liability section below, and to the extent permitted by law, our total liability to you for all claims arising in any twelve-month period — whether in contract, in tort including negligence, or otherwise — is limited to the greater of the subscription fees paid for your access to the Service in the twelve months before the claim arose, and £100.

Nothing in this section limits your rights as a consumer, or our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited.

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, either party may contact us and we will, where we are able to, help the parties communicate. We do not act as a mediator, arbitrator or adjudicator, and we take no part in deciding the outcome.

We take no responsibility for the outcome of a dispute between a coach and a client, or for anything that follows from it. Either party may pursue legal remedies at any time.

Subject to the Statutory Liability section below, and to the extent permitted by law, clients and coaches accept that we are not responsible for disputes arising from a coach's programmes. Nothing in this paragraph affects your rights as a consumer.

Workout Titan Limited provides access to coaches' programmes through its platform. Subject to the Statutory Liability section below, and to the extent permitted by law, we are not liable for damages, losses or injuries arising from or related to a coach's programme. Clients participate in coaches' programmes voluntarily and at their own risk, and nothing in this section affects their rights as consumers.

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.

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.

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. This does not affect the licence you grant us over Content under the Content section, which allows us to operate and provide the Service.

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.

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.

Subject to the Statutory Liability section below, and to the extent permitted by law, clients accept that Workout Titan Limited is not responsible for injuries, illnesses or other adverse health effects resulting from participation in fitness activities or from following a coach's programme. Nothing in this paragraph affects your rights as a consumer, or our liability for death or personal injury caused by our negligence.

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.

All subscriptions and in-app purchases within the Workout Titan app are processed securely through the Apple App Store or Google Play Store. By subscribing, you agree to the terms and conditions set by these platforms. Workout Titan Limited does not directly handle or store payment information, including credit card details.

For payment processing, refunds, and cancellation policies, please refer to the terms provided by:

Additionally, you can review our Sales and Refunds Policy for more information.

If you are a consumer, you normally have 14 days from the start of a subscription to cancel it and receive a refund, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Subscriptions are purchased through the Apple App Store or the Google Play Store, and those stores handle billing and refunds on our behalf. To exercise this right, make a refund request to the store you purchased through. Our Sales and Refunds Policy explains how.

If you begin using the Service within those 14 days, you may lose the automatic right to cancel, or any refund may be reduced to reflect what you have already used. This does not affect your rights where the Service is faulty, not as described, or not of satisfactory quality.

Subject to the Statutory Liability section below, your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Workout Titan Limited, 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 Limited, 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 Limited or through the Service, shall create any warranty not expressly stated in these Terms of Service.

Subject to the Statutory Liability section below, without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Workout Titan Limited, 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:

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 Limited or any person for whom Workout Titan Limited is responsible, and even if Workout Titan Limited has been advised of the possibility of such loss or damage being incurred.

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, together with the documents listed under Additional Policies, constitute the entire agreement between us regarding the Service and supersede any prior agreements regarding it.

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.

For any disputes related to in-app purchases or subscription payments, users must first follow the dispute resolution processes set forth by the respective platform:

Apple App Store disputes: Refer to Apple Support.
Google Play Store disputes: Refer to Google Play Support.

If a dispute cannot be resolved through the respective platform's dispute process, users may then escalate the issue to Workout Titan Limited.

Mediation Procedure: If the Dispute remains unresolved after good faith negotiation, either party may propose mediation. Mediation is voluntary, and neither party is required to take part or to give up any legal right by declining.
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.

Legal Recourse: Either party may bring legal proceedings at any time. Nothing in this section requires you to attempt negotiation or mediation before doing so, and nothing in it affects your rights as a consumer to bring a claim in the courts.
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.

We are committed to protecting your personal data and complying with the UK 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.

You have the right to:

Access your data
Rectify incorrect data
Erase your data
Restrict or object to processing
Data portability
Withdraw your consent where we relied on it
Complain to the Information Commissioner's Office

To exercise these rights, contact us at legal@workouttitan.com.

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.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Where a revision materially affects your rights or obligations, we will give at least 30 days' notice before the new terms take effect. We will decide what counts as a material change acting reasonably.

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.

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.

If you have any questions about these Terms of Service, please contact us at legal@workouttitan.com.

Our Service

Content

Posting and Sharing Content

Content License

User Representations and Warranties

Content Guidelines and Moderation

Ownership and Removal of Content

User Access and Use

Copyright Infringement

Accounts

Eligibility

Coeus and AI Assistance

Coaches

User Responsibilities

Compliance with Terms and Policies

Account Security

Accurate Information

Lawful Use

Respect for Others

Content Usage

Prohibited Content

Cooperation with Investigations

Intellectual Property

Links To Other Websites

Termination

Indemnification

Limitation Of Liability

Cap on Our Liability

Coach-Client Dispute Resolution

Disclaimer of Liability for Coaches' Programmes

No Warranty for Coaches' Programmes

Consultation with Healthcare Professional

Intellectual Property Rights of Coaches' Programmes

Acceptance of Risks

Acknowledgment of Inherent Risks

Voluntary Participation

Waiver of Liability

Assumption of Responsibility

Subscriptions and Payments

Your Right to Cancel

Disclaimer

Exclusions

Governing Law and Jurisdiction

Dispute Resolution

Negotiation and Informal Resolution

Platform-Specific Dispute Resolution

Mediation

Legal Action

Data Protection

Your Data Rights

Statutory Liability

Modification of Terms

Additional Policies

Contact Us

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