Welcome to "BoxMate"

Our platform provides various services, including websites, web apps, and mobile apps. Before you access and use our service, it's crucial to familiarise yourself with the following terms, as they will govern your usage. By using any of our services, you indicate that you have read, fully understood, and agreed to these terms, and you also grant us permission to collect and use your data in accordance with our Privacy Policy.

Definitions:

Visitors: Any person who uses our public website before becoming a registered user/provider.

User: A gym member or coach registered with BoxMate, utilising the BoxMate application

Provider: The gym that is registered to use our services, acting as the main contact.

We reserve the right to modify this document at any time, and you will be informed of such changes by updating the revision date at the top of this document. For minor changes, we may not provide explicit notice, but for substantial changes, we will notify you through email and/or in-app notifications. During this notice period of 7 days, you have the option to reject the new terms by closing your account and discontinuing the use of our service. If you continue to use our service after this notice period, it will be considered as your acceptance of the updated terms. If you disagree with any of the terms outlined below, please refrain from accessing the service and using its applications, both paid and free.

Your privacy is important to us, and we are committed to safeguarding your data according to our Privacy Policy. By using our service, you agree to the collection and use of your data as described in the Privacy Policy.

Thank you for choosing BoxMate, and we hope you have a great experience using our platform. If you have any questions or concerns regarding these terms or our service, please don't hesitate to contact us at support@boxmateapp.co.uk

1 Service Description:

1.1 BoxMate LTD offers an all-inclusive monthly subscription plan tailored to your needs. Our subscription plan provides but is not limited to a comprehensive tracking and engagement/communication platform for coaches and administrators, enabling seamless management of workouts, exercises, sessions, and programming for your valued members.

1.2 Our subscription plan operates on a convenient rolling month-to-month basis. Your payments will be processed each month through our trusted payment processor, GoCardless, unless you have made alternative arrangements with BoxMate LTD directly for manual payments.

1.3 Upon subscribing, the user will gain full access to the comprehensive array of features and functionalities provided by BoxMate, tailored to the specific subscription plan they choose.

2 Eligibility:

2.1 By accepting this agreement and adhering to all relevant local, state, national, and international laws, rules, and regulations, you are considered eligible to use the service only if you can enter into a binding contract with BoxMate. Your eligibility to use our service is contingent upon your ability to form such a contract, ensuring a legally compliant and responsible user experience.

3 BoxMate Accounts:

3.1 Accurate Information when signing up for our service, provide accurate and complete information during registration.

Account Responsibility: You are fully responsible for your account activity and must keep your login credentials secure. Use a strong password with a combination of numbers, upper/lower case letters, and symbols.
Breach Notification: If you suspect any unauthorised use or breach of your account, immediately notify BoxMate.
Non-Interference: Never use another user's/providers' BoxMate account without their permission.
Provider Representation: If opening a BoxMate account as a provider on behalf of a company or organisation, you must be an authorised representative with the authority to bind both "You" and the company/organisation/entity to this agreement.
Service Notices: We will use your provided email address to send you service-related notices, including features and updates. Opt-in/out details can be found in the Privacy Policy.
Use By Childre: A parent or guardian may give consent for a child between the age of 13 and 16 to use the Service so long as they are using the Service for its intended purpose. Users under 16 will have no access to public comments and posts plus their profiles and data will be private and not visible by other members. Under 16 If we learn someone under the age of 13 has used the Service without a parent or guardian's consent, we will take appropriate action to remove that User’s personal information and restrict any future access by that User.
Coaches at each facility require their own personal administrator account with a set of permissions to access BoxMate, we do not allow the use of a signed general access email account as it is not then possible to identify actions by each person.

4 Service rules:

4.1 By using the service, you agree not to partake in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the service in any form, including automated or non-automated "scraping"; (b) using automated systems, such as "robots," "spiders," or "offline readers," to overload the BoxMate servers; (c) sending spam or unsolicited emails; (d) attempting to compromise system integrity or security; (e) uploading harmful data or software; (f) collecting personal information from the service; (g) using the service for unlawful purposes; (h) impersonating others or engaging in fraud; (i) interfering with the proper functioning of the service; (j) accessing content through unauthorised means.

4.2 We reserve the right to modify or discontinue the service without prior notice. We may suspend or permanently terminate your access for any agreement violation or without reason. Upon termination, you will continue to be bound by the terms of the agreement.

5 User Content:

5.1 By using our service, you can post various content, such as profile information, photographs, questions, comments, statements, feedback, and more. However, please note that any content you post is solely your responsibility, please be mindful that in gyms there are members of all ages and walks of life and content posted will be seen by everyone so do not post content that could offend, distress or cause upset.

5.2 You agree not to post any User Content that may cause harm, distress, or risk to yourself, others, or animals, and you must avoid content that may violate laws or infringe on the rights of others. Additionally, you should not post content that seeks to harm children, contains offensive or unlawful information, violates contractual relationships, or includes inaccurate details. Your User Content does not violate the rights of any third parties, including Intellectual Property Rights or privacy rights. BoxMate retains the right to reject or remove any User Content that violates these terms at its discretion.

5.3 For the purposes of this Agreement, "Intellectual Property Rights" include various rights related to patents, copyrights, trademarks, trade secrets, and other intellectual property rights.

5.4 By posting User Content, you confirm that you have the necessary consent to use any identifiable natural person's name or likeness in accordance with this Agreement. Your User Content should not violate any laws or infringe on the rights of third parties, and you grant BoxMate the right to use your content without liability for additional fees.

BoxMate assumes no responsibility or liability for any User Content posted by you or others. You are solely responsible for your User Content and its consequences.

Please be aware that you may come across User Content that may be inaccurate or objectionable. BoxMate shall not be liable for any alleged damages resulting from exposure to such content.

These terms apply to your use of the service and govern your User Content submissions.

6 User Content License Grant:

By posting any User Content on the Service, you grant BoxMate a worldwide, royalty-free, transferable, sub-licensable, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, distribute, syndicate, publicly perform, publicly display, and create derivative works of the User Content, including your name, voice, and likeness, in connection with the Service and BoxMate's business, for promotional and redistributing purposes through any media channels and formats, whether now known or hereafter developed.

Additionally, you grant each User of the Service a non-exclusive license to access, use, reproduce, distribute, display, and perform your User Content through the Service, subject to this Agreement. If the Service allows you to remove or delete User Content, the licenses granted to BoxMate will terminate within a commercially reasonable time after you remove or delete such User Content. However, BoxMate may retain server copies of removed or deleted User Content without displaying, distributing, or performing them. For User Content that the Service does not allow you to delete or remove, the licenses granted to BoxMate are perpetual and irrevocable.

7 End User License Grant:

This Agreement grants you a non-exclusive, limited, and non-transferable license to use the Service according to its features. BoxMate retains all rights not explicitly granted in this Agreement regarding the Service and BoxMate Content (as defined below). BoxMate holds the right to revoke

8 Proprietary Rights:

With the exception of your User Content, all materials within the Service, including software, images, text, graphics, logos, patents, trademarks, copyrights, audio, videos, and music, as well as User Content from other Users ("BoxMate Content") and related Intellectual Property Rights, belong exclusively to BoxMate and its licensors (including other Users who post User Content). This Agreement does not grant you a license or right to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any BoxMate Content, except as explicitly provided.

Using the BoxMate Content for any purpose not expressly permitted by this Agreement is strictly prohibited. If you submit comments or ideas about the Service, you agree that your disclosure is voluntary and without restriction, and it does not create any fiduciary or other obligation for BoxMate. We may freely use your suggestions without additional compensation to you, and we may disclose them on a non-confidential basis or otherwise to anyone. You acknowledge that BoxMate's acceptance of your submission does not waive any rights to use similar or related ideas already known to BoxMate or obtained from other sources.

9 Third Party Links:

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by BoxMate. BoxMate does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and BoxMate’s Privacy Policy do not apply to your use of such sites. You expressly relieve BoxMate from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that BoxMate shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

10 Liability:

BoxMate shall not be held liable for any damages, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising from your use of the service, including but not limited to bodily injury, death, emotional distress, or any other damages resulting from interactions with other users or providers. It is important to exercise caution when engaging with other users, especially in offline meetings or sports/fitness activities. Before starting or modifying a fitness program, we recommend consulting with a healthcare professional to ensure it is safe and suitable for you, considering any relevant prerequisites.

11 Subscription and Payment:

11.1 When you subscribe to the monthly plan, you are acknowledging and agreeing to pay the relevant subscription fee for the duration of your customer relationship with us.

11.2 The subscription fee, which has been pre-agreed outside of these Terms and Conditions, will be conveniently charged to your provided payment method on a monthly basis, starting from the initial signup process. Rest assured that no changes to the subscription fee will occur without prior written notification from BoxMate. In the event of any increase in the subscription fee, you, as the Subscriber, have the right to cancel your subscription without incurring any penalty. The agreed-upon subscription rate will continue to apply unless BoxMate provides you with written notification of any changes.

11.3 It is the Subscriber's responsibility to ensure that the payment information remains accurate and up to date throughout the subscription period.

11.4 Failure to make payment for the subscription fee may result in the suspension or termination of the Subscriber's access to the Service, without liability to BoxMate Sites.

12 Termination:

12.1 Our monthly subscription plan operates on a rolling monthly basis, meaning there is no specific cancellation period.

12.2 In order to cancel your subscription, please submit a written request to our dedicated support team at support@boxmateapp.co.uk or through any other communication channel associated with BoxMate.

12.3 BoxMate LTD reserves the right to suspend or terminate the Subscriber's access to the Service in case of a breach of this Agreement or any unauthorised use of the Service.

12.4 Upon canceling your subscription with BoxMate, please be aware that the members previous data including information such as scores logged , may be deleted in compliance with our Privacy Policy. We prioritise the security and privacy of our users' data, and the deletion process will adhere strictly to the guidelines outlined in our Privacy Policy.

12.5 In the event of a change in ownership, please email your request to support@boxmateapp.co.uk. This request will be processed within 7 days. Please note that authorisation from the current root administrator account(s) and the new root administrator(s) is required before BoxMate can update the ownership details.

12.6 If the account has 2 level 1 (Root) administrator accounts and one is leaving the business and wants to hand full ownership over to the other we need written confirmation from both parties to the above email address and we will update the owner of the account on our side within 7 days.

13 Limitation of Liability:

13.1 The Service is operated from facilities in the United Kingdom, and BoxMate does not assert that it is suitable or accessible for use in other locations. Users who access or utilise the Service from different jurisdictions do so voluntarily and are entirely responsible for complying with all relevant laws and regulations of the United Kingdom and their local region, including export and import regulations. Usage of the Service is not permitted for residents of countries embargoed by the United Kingdom or for foreign individuals or entities blocked or denied by the United Kingdom government.

13.2 Unless explicitly stated otherwise, all materials found on the Service are intended solely for individuals, companies, or other entities located in the United Kingdom.

14 Indemnity:

You agree to indemnify, defend, and hold harmless BoxMate, its subsidiaries, agents, licensors, managers, and other affiliated companies, along with their employees, contractors, agents, officers, and directors, from any and all claims, damages, obligations, losses, liabilities, costs, or debts (including attorney's fees) arising from:

Your participation in offline events posted on the Service, such as physical activities, classes, sessions, or pick-up events;
Your use of and access to the Service, including any data or content transmitted or received by you;
Your violation of any terms in this Agreement, including breach of the representations and warranties provided above;
Your infringement of any third-party rights, including privacy or Intellectual Property Rights;
Your violation of any applicable laws, rules, or regulations;
Claims or damages arising from your User Content or content submitted via your account;
Another party's use of the Service with your unique username, password, or security code;
Using pre-release features on BETA versions of the platform where certain areas are in testing and incomplete

15 No Warranty:

The service is provided on an "as is" and "as available" basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from BoxMate or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, BoxMate, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the service. BoxMate does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the BoxMate service or any hyperlinked website or service, and BoxMate will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

GDPR Compliance:

BoxMate is committed to complying with the General Data Protection Regulation (GDPR) and other applicable privacy laws. Please refer to our Privacy Policy for details on how we collect, use, and protect your personal data.

Terms Of Use

Last update: 15/08/24