UN1T APP LICENCE TERMS
PLEASE READ THESE LICENCE TERMS CAREFULLY: BY DOWNLOADING THIS APP AND/ OR CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.
1. Who we are and what this agreement does:
We Pico Fitness Holdings Limited of 251 Southwark Bridge Road, London, United Kingdom, SE16FJ ("we", "us", "our") license you to use the UN1T mobile application software, the data supplied with the software, and any related online or electronic documentation or content provided or accessed through it (together the "App") and any updates or supplements to it.
The App enables you to locate and receive information concerning UN1T fitness studios in your area, sign up to attend classes at UN1T fitness studios, book classes at UN1T fitness studios and also log, monitor and track you performance when attending UN1T fitness studios using the App's "performance tracker" functions (the "Service"). We are constantly seeking to improve our App and Service and so we reserve the right to change the features and functionality of the App and the Service from time to time, including by removing and/ or adding features.
Your use of our App and the Service is subject to these Licence Terms.
2. Operating system/ minimum system requirements:
To use this App and Service your device must meet the operating system/ minimum system requirements details in ANNEX 1.
3. Additional terms for specific UN1T Fitness Studios:
Each UN1T Fitness Studio in a particular country, city or location is operated by a local operator appointed by us ("Studio Operator") and who are responsible for providing the facilities and services offered at that UN1T fitness studio.
Before booking or attending a class at particular UN1T fitness studio, you will be asked to sign/ enter into a waiver or members agreement with the relevant Studio Operator ("Studio Waiver"). The Studio Waiver is an agreement between you and the relevant Studio Operator which governs your attendance at the relevant studio and booking of/ participation in classes there. The Studio Waiver applies in addition to these Terms which govern your use of this App and the Service we (Pico Fitness Holdings Limited) provide.
4. Appstore terms may also apply:
If you download this App from an Appstore (including Apple App Store or Google Play App Store) your downloading and or use of this App may also be subject to the relevant App Stores rules and policies.
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, with whom we may share your data and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy for this App .
6. Support for the App and how to tell us about problems:
If you are having problems using the App or wish to contact us for any other reason please email our customer service team at info@un1t.com
7. How we will communicate with you:
If we have to contact you we will do so by email, by SMS or by telephone using the contact details you have provided to us when you register to use the App and the Service.
In return for your agreeing to comply with these terms you may download a copy of the App onto a single device and view, use and display the App and the Service on such device for your personal purposes only. Provided you comply with the "Licence Restrictions" section below, you may also make a reasonable number of copies of the App for back-up purposes.
9. You may not transfer the App to someone else:
We are giving you personally the right to use the App and the Service as set out above. 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.
We may need to change these terms to reflect changes in law or best practice or to our business or to deal with additional features which we introduce. We will give reasonable notice of any change by sending you an email or SMS with details of the change, or notifying you of a change within the App itself. If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
11. 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, reflect changes to the operating system or address security issues. 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 Service.
12. If someone else owns the phone or device you are using:
If you download 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.
13. 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.
You agree that you will: (i) 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; (ii) not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; (iii) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Service nor permit the App or the Service 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 Service on devices as permitted in these terms; (iv) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things, except to the extent that this is permitted by the mandatory provisions of applicable law (e.g. for the purpose of interoperability) and then only to the extent expressly permitted by the mandatory provisions of applicable law; (v) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Service.
15. Acceptable use restrictions
You must: (i) not use the App or the 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 or the Service or any operating system; (ii) not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Service, including by the submission of any infringing material (to the extent that such use is not licensed by these terms); (iii) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Service; (iv) not use the App or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (v) not collect or harvest any information or data from the App or the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
16. Intellectual property rights:
All intellectual property rights in the App and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Service other than the right to use them in accordance with these terms.
17. Our responsibility for loss or damage suffered by you:
We are not responsible for services provided by our Studio Operators at individual UN1T Fitness Studios: Although the App and Service enable you to receive information concerning UN1T fitness studios in your area, sign up to attend classes at UN1T fitness studios and book classes at UN1T fitness studios, your understand and agree that individual UN1T fitness studios and all facilities, classes, personal training and instruction provided there are provided by the applicable Studio Operator and not by us (Pico Fitness Holdings Limited). Accordingly, we (Pico Fitness Holdings Limited) will not be liable to you for any loss or damage you may suffer as a result of any facilities or services which are provided by an individual Studio Operator at a particular UN1T fitness studio. Your use of such facilities and services will be governed by the applicable Studio Operator's Studio Waiver and any other applicable terms they may enter into with you. If you have any complaint or concerns about the facilities or services provided by a particular Studio Operator at a particular fitness studio you should take the matter up with the relevant Studio Operator in the first instance.
We do not guarantee that the App and the Service will meet your requirements of be error free: Although we aim to offer you the best App and Service reasonably possible, we make no promise that the App or Service will meet your requirements. We cannot guarantee that the App or Services will be fault or virus free or continuously available. Your access to the App and Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities, functions or services. We will try to restore the App and Service as soon as we reasonably can.
This App and the Service is provided free of charge on an "AS IS" basis: The App and Service are provided to you free-of-charge and (to the fullest extent permitted by law) on an ‘AS IS’ basis. Accordingly to the maximum extent permitted by law, and except as expressly provided in these Terms, we provide you with the App and the Service on the basis that we exclude all representations, warranties, conditions and other terms which but for these Terms might have effect between us.
To the fullest extent permitted by law we will not be liable for any loss arising from your use or inability to use the App or Service: To the fullest extent permitted by law, and except as expressly provided in these Terms, we exclude all liability to you for any direct or indirect loss, and for any damage or expense (including without limitation loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data) howsoever arising out of your use of or inability to use the App or the Service or any fault or problem relating to the App or the Service.
We will only ever be responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these Terms and we are found (notwithstanding the other provisions of this Section) to be liable to you, we will only ever be 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, and we will 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 will not be liable for business losses: The App and the Service is for domestic and private use only. 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.
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 and the Service, to protect yourself in case of problems with the App or the Service. We will not be liable for the consequences should you fail to do so.
We are not responsible for events outside our control. If our provision of the App or the Service is delayed or disrupted by an event outside our control then we will take reasonable steps to minimise the effect of the delay or disruption. Provided we do this we will not be liable for delays or disruption caused by the event .
We do not exclude or limit in any way our liability to you where it would be unlawful to do so: Notwithstanding the preceding provisions of this Section or any other provisions contained in these Terms, nothing in these Terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law. Your statutory rights as a consumer are not affected by these Terms.
18. 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 the Service 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 Service: (i) you must stop all activities authorised by these Terms, including your use of the App and the Service; (ii) 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; (iii) we may remotely access your device and remove the App from them and cease providing you with access to the Service.
We reserve the right to cease providing the Service provided through the App (or any part of it) at any time by giving notice to you.
19. 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 these Terms.
20. 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.
21. No rights for third parties:
This agreement does not give rise to any rights in favour of any third party, under the Contracts (Rights of Third Parties) Act 1999 or any equivalent laws or legislation in force in any applicable jurisdiction, to enforce any term of this agreement.
22. 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.
23. Even if we delay in enforcing this contract, we can still enforce it later:
Even if we delay in enforcing this agreement, 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 agreement, 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.
24. Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and the Courts of England shall have non-exclusive jurisdiction to settle any dispute or controversy arising out of these Terms or the agreement create by them.
These Terms were last updated on 14.07.2021.
ANNEX 1
OPERATING SYSTEM/ MINIMUM SYSTEM REQUIREMENTS
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iOS (phone) |
Android (phone) |
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Specific versions of operating systems |
● Apple iOS 14 |
● Android 11 ● Android 10 ● Android Pie |
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Minimum versions of most common browsers: |
● Safari (iOS 14) ● Chrome (iOS 14) |
● Chrome 91 |
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● 750 x 1334 (i6) ● 1125 x 2436 (iX) ● 828 x 1792 (i11) |
● 1440 х 3040 (s10) ● 1080 x 2340 (LG G8) ● 1440 x 2560 (s6) |