Fan Terms of Service

We are FITLEY LTD (Company, we, us, or our), a company registered in England at Kingweston Road, Charlton Mackrell, Somerton, Somerset TA11 6AH.

We operate the website https://www.getfitley.com (the Site), as well as any other related products and services that refer or link to these legal terms (the Legal Terms) (collectively, the Services).

Fitley is an online platform operated by Fitley Ltd that connects fitness creators with their audience. Creators can publish workout plans and fitness content, which fans can access via paid subscriptions and direct messaging. Fitley acts as the intermediary between creators and subscribers, facilitating content discovery, payments, and communication through the platform.

You can contact us by email at fin@getfitley.com or by mail to Kingweston Road, Charlton Mackrell, Somerton, Somerset TA11 6AH, England.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and FITLEY LTD, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

If you are an approved creator on Fitley, separate Creator Terms of Service also apply to you.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by no-reply@getfitley.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We verify your age by reference to the date of birth you provide at registration. Providing a false date of birth is a breach of these Terms.

We recommend that you print a copy of these Legal Terms for your records.

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use only.

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: fin@getfitley.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you grant us a perpetual, royalty-free, worldwide licence to use such Submissions for the purpose of developing, improving, and operating the Services. We will not sell your Submissions to third parties or use them in advertising that identifies you personally without your separate consent. You understand that we are under no obligation to act on any Submission or to treat it as confidential.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ('Contributions'). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us a non-exclusive, royalty-free, worldwide licence to host, store, display, reproduce, and distribute your Contributions to the extent necessary to operate, maintain, and improve the Services and to display your Contributions to other users as intended by the platform's functionality. This licence does not authorise us to sell your Contributions to third parties or use them for commercial advertising that identifies you personally without your separate consent.

This licence also includes the right to use your name or username and any profile image you provide in connection with the display of your Contributions on the platform.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

• confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
• warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
• warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

We accept the following forms of payment:

• Visa
• Mastercard
• American Express

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All prices displayed on the Services are inclusive of VAT where applicable. We may change prices at any time. All payments shall be in GBP.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our reasonable discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our reasonable judgement, appear to be placed by dealers, resellers, or distributors.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.
• Impersonate a fitness professional, certified trainer, or medical practitioner.
• Share content that constitutes medical advice or promotes unsafe fitness practices.
• Create multiple accounts to circumvent a suspension or ban.

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

By posting your Contributions to any part of the Services, you grant to us a non-exclusive, transferable, royalty-free, worldwide licence to host, store, copy, reproduce, archive, publicly display, reformat, translate, transmit, and distribute your Contributions to the extent necessary to operate, maintain, and improve the Services and to display your Contributions to other users of the Services as intended by the platform's functionality. This licence does not authorise us to use your Contributions for commercial advertising or to sell them to third parties.

This licence also includes the right to use your name or username and any profile image you provide in connection with the display of your Contributions on the platform. To the extent that moral rights in your Contributions cannot be assigned, you agree not to assert them in a way that would prevent us from exercising the licence granted above for the purposes described; however, this is not a general waiver of moral rights.

You retain full ownership of your Contributions. We are not liable for any statements or representations in your Contributions. You are solely responsible for ensuring your Contributions comply with these Legal Terms and applicable law.

We reserve the right to edit, re-categorise, or remove any Contributions at any time where required to comply with our content standards, applicable law, or platform policies. We have no obligation to monitor Contributions.

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to or use of the Services (including blocking certain IP addresses) to any person where we have reasonable grounds to do so, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. Where you hold an active paid subscription, we will provide reasonable notice of any account suspension or termination (save where immediate action is required to protect the platform, other users, or to comply with a legal obligation), and any prepaid subscription fees for periods not yet accessed will be addressed in accordance with Section 27. The specific grounds on which we may suspend or terminate accounts are set out in Section 28. Nothing in this clause limits any statutory rights you may have as a consumer under applicable law.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our reasonable discretion. However, we have no obligation to update any information on our Services. To the fullest extent permitted by applicable law (and without prejudice to any rights you have as a consumer under the Consumer Rights Act 2015 or other applicable legislation), we will not be liable to you or any third party for any unavoidable or unforeseeable loss arising from any modification, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason. To the fullest extent permitted by applicable law, we will not be liable to you for any loss or inconvenience caused by your inability to access the Services during any downtime or discontinuance, except to the extent that such loss arises from our failure to provide the Services as agreed. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Nothing in these Legal Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law (including the Consumer Rights Act 2015). All disclaimers below are subject to this paragraph.

The Services are provided on an as-is and as-available basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or mobile applications linked to the Services and, to the fullest extent permitted by law, we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) any interruption or cessation of transmission to or from the Services, (3) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (4) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. For the avoidance of doubt, this disclaimer does not limit our liability for unauthorised access to your personal or financial data arising from our own negligence or breach of our security obligations; those liabilities are addressed in Section 21 and remain subject to the carve-outs in the opening paragraph of Section 18.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. Fitness content published by creators on the platform represents the views and guidance of those creators, not of Fitley Ltd. You should consult a qualified health professional before beginning any exercise programme.

Nothing in this clause excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, breach of the implied terms under the Consumer Rights Act 2015, or any other liability that cannot lawfully be excluded or limited. All limitations below are subject to this paragraph.

To the fullest extent permitted by applicable law, we and our directors, employees, or agents will not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or loss of data, arising from your use of the Services, even if we have been advised of the possibility of such damages.

Subject to the paragraph above, our total aggregate liability to you for any cause of action arising under or in connection with these Legal Terms shall be limited to the greater of: (a) the total amount paid by you to us in the twelve (12) months prior to the event giving rise to the claim; or (b) £500.

This cap does not apply to claims arising from our breach of data protection law, fraud, or death or personal injury caused by our negligence.

If you are a consumer in the United Kingdom, nothing in these Legal Terms affects your statutory rights, including any rights you have under the Consumer Rights Act 2015.

If you are a consumer, this indemnification obligation applies only to the extent that any third-party claim arises directly from your own intentional or fraudulent conduct. It does not apply to claims arising from ordinary use of the Services or from Fitley's own acts or omissions.

To the extent applicable, you agree to indemnify, defend, and hold harmless Fitley Ltd and its officers, agents, partners, and employees from and against any loss, damage, liability, or reasonable legal costs incurred by a third party arising from: (1) your Contributions; (2) your use of the Services in breach of these Legal Terms; (3) your infringement of any third party's intellectual property rights; or (4) any intentional harmful act you carry out against another user of the Services.

We will use reasonable efforts to notify you promptly of any claim subject to this section and will not settle any such claim without your consent where it would impose obligations on you.

We maintain data that you transmit to the Services for the purpose of managing performance of the Services, including data relating to your use. We perform regular routine backups and apply reasonable technical security measures. We will use reasonable care to protect the integrity of your data and will notify you promptly in the event of a data breach that affects your personal data, in accordance with our obligations under UK GDPR.

To the fullest extent permitted by applicable law, we are not liable for loss or corruption of data arising from causes outside our reasonable control (including, for example, your device failure or third-party infrastructure outages). However, nothing in this clause limits any claim you may have arising from our negligence or breach of our data security obligations, and nothing here affects your rights under the UK GDPR or the Data Protection Act 2018.

Your subscription grants you personal, non-transferable access to a creator's content for the duration of your active subscription. You may not:

• Download, screen record, or otherwise capture creator content for storage or redistribution
• Share, resell, or make creator content available to any third party
• Use creator content for any commercial purpose
• Remove or obscure any branding, watermarks, or attribution associated with creator content

Fitley reserves the right to terminate subscriber access where these restrictions are breached.