1. WHO WE ARE AND WHAT THIS AGREEMENT DOES

We NOVO.IM LIMITED (Isle of Man company registration number 135491C) of The Old Workshop, Orchard Road, Port Erin, Isle of Man, IM9 6DJ license you to use:

• KEEP.FIT application (App) and any updates or supplements to it.
• The online documentation (Documentation).
• The service you connect to via the App and the content we provide to you through it (Service) .

as permitted in these terms. The Application is licensed, not sold, to you.

2. ACCOUNT REGISTRATION

To access the Service you will need to register for an account and have a valid subscription and/or a free trial.

All information that you provide when opening an account must be accurate and up to date. You must notify us about any changes. You agree to take all necessary steps to protect your login details and keep them secret, you accept full responsibility for the consequences of sharing your account details with someone else.

The free trial period lasts 7 days at which point your access will be revoked and you must purchase a subscription package to continue using the app.

3. PURCHASING A SUBSCRIPTION

You can purchase a subscription through the app using our supported third-party payment providers.

We reserve the right to change our prices at any time. Prices of subscriptions may vary depending on the type of subscription and the country where you are located.

From time to time, we may ourselves or through our partners offer free trails to new users. Each person is entitled to no more than one free trial.

If during the free trial sign up, you choose to a subscription and provide us with payment details to use you will automatically be charged the full price of the chosen subscription when the free trial ends unless you cancel beforehand.

4. RENEWALS, CANCELLATIONS & REFUNDS

Where you have subscribed for the Services directly through our website, you have 14 days after signing up (the ‘Cancellation Period’) to change your mind and cancel without being charged. Where you have signed up for a free trial, you can cancel any time before the end of the free trial period and you will not be charged.

You can cancel any time during your subscription through your profile in the app . Alternatively, you can cancel your subscription through the third-party provider

5. YOUR PRIVACY

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

6. MEDICAL NOTICE AND DISCLAIMER

Fitness training is physically challenging and carries with it risks that we cannot entirely eliminate, including the risk of personal injury. This App does not purport to be and must not be taken as medical advice.

Rules

• You must act responsibly and sensibly at all times. This extends to the sharing of workout plans and workouts to other users of the app.
• You must not participate if you are pregnant or under the influence of alcohol or non-prescription drugs.
• We are not qualified to express an opinion that you are fit to safely participate.
• You must obtain professional or specialist advice from your doctor before participating.

The information provided about individual exercises e.g. exercise difficulty, type of exercise, equipment required, video(s) and illustrations, information about the exercise, instructions, tips and alternative exercises is intended for informational purposes only and should not be relied on as instructing and/or demonstrating a correct posture, form or method to imitate when performing an exercise .

You should consult your doctor, physician or other health care professional before using this App or any other exercise or weight loss program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, if you have ever experienced chest pain when exercising, smoke, have high cholesterol, have a bone or joint problem or other medical condition that could be made worse by a change in physical activity or diet.

Do not use this App if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising or fasting, you should stop immediately.

This App offers general health and fitness information and is designed for informational purposes only. Nothing stated or posted on the app or available through any the app services is intended to be, and must not be taken to be, the practice of medical, professional or counselling care. For purposes of this agreement, the practice of medicine and counselling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health or nutrition care, treatment, instructions, diagnosis, prognosis or advice. You should not rely on any information on the app as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.

If you have any concerns or questions about your health, you should always consult a doctor, physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the service. The use of any information provided on the service is solely at your own risk.

7. SCHEDULES, WORKOUTS, AND WORKOUT PLANS

NOVO.IM LIMITED has no involvement in the composition of workouts, workout plans, schedules as provided to users, unless otherwise specified.

NOVO.IM LIMITED makes no assessments regarding the suitability of any workout, workout plan, or schedule recommended or supplied through the App to users.

NOVO.IM LIMITED provides a database of exercises, workouts, and workout plans for users to consider. Any advice offered by users of the App regarding the suitability of exercises, workouts, or workout plans is not advice provided by NOVO.IM LIMITED.

NOVO.IM LIMITED disclaims any liability related to the interaction between users, including but not limited to the description, performance, or delivery of any service.

This section applies to all users of the Application.

All users are expected to act responsibly when using the App. This includes ensuring that the information displayed on profiles is accurate and not misleading in any way.

Users agree, to the fullest extent permitted by law, to indemnify and hold harmless NOVO.IM LIMITED from any actions, suits, demands, or claims arising from any actions, conduct, comments, or events caused by them, whether intentional, unintentional, negligent, or willful.

Users must ensure that they conduct themselves responsibly, professionally, and in accordance with industry best practices and ethical standards.

Users agree that any information they input and display on the KEEP.FIT App must not, in any way, be harmful to any individual or to NOVO.IM LIMITED. Harm includes, but is not limited to, economic loss that could be suffered by any party.

Users acknowledge and agree that they assume the risk and responsibility for any injury, death, or property damage resulting from the use of services via NOVO.IM LIMITED.

Users agree that they must maintain appropriate insurance coverage at all times.

No warranty is provided that the KEEP.FIT App will be continuously available or free of faults.

8. ADDITIONAL TERMS MAY ALSO APPLY

The ways in which you can use the App and Documentation may also be controlled by your chosen store provider.

• Apple Website rules and policies can be found here.
• Google Play rules and policies can be found here.

9. SYSTEM REQUIREMENTS

This app requires access to a modern browser and an active internet connection on a device with a minimum of 100MB of memory. The App is designed using the latest web technologies which may or may not be supported in discontinued web browsers. The App always requires an active internet connection.

10. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

If you want to learn more about the App or the Service or have any problems using them, please take a look at our support resources that are available.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please visit the contact section of our website

How we will communicate with you. If we have to contact you we will do so by email and notifications from the app, which can be configured to your preference inside of the application.

11. HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these terms you may:

• use and display the App and the Service on such devices for your personal purposes only.
• use any Documentation to support your permitted use of the App and the Service. provided you comply with the CDPA Act (Section 50A), make up to 5 copies of the App for back-up purposes; and
• receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

12. YOU MUST BE AT LEAST 18 YEARS OLD TO ACCEPT THESE TERMS AND PURCHASE A SUBSCRIPTION

You must be 18 or over to accept these terms and buy the App.

13. YOU MAY NOT TRANSFER THE APP OR YOUR ACCOUNT TO SOMEONE ELSE

We are giving you personally the right to use the App and the Service as set out above in the “how you may use the app” section. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

14. CHANGES TO THESE TERMS

We may need to change these terms under the following circumstances:

• To reflect changes in law
• To follow best practice within the industry
• To comply with additional features that we introduce with updates.

We will inform you of any updates of the terms through the application upon login to the application. To continue using the application, you will need to accept the new terms within 30 days.

If you do not accept the notified changes, you will not be permitted to continue to use the App and the Service [and you may apply for a refund, which will reflect the period the App and the Service have been available to you prior to cancellation.

15. UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, address security concerns, or remain up to date with the latest platforms and browsers. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App and the Services.

16. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

17. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

18. LICENSING RESTRICTIONS

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App, Documentation, or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

19. ACCEPTABLE USE RESTRICTIONS

You must:

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service[, including by the submission of any material] (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

20. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

21. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

22. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

• You must stop all activities authorised by these terms, including your use of the App and any Services.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• We may cease providing you with access to the Services.

23. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

24. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

25. NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

26. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

27. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

28. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

29. ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider.