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App Terms and Conditions Welcome to the MuscleSquad Workout Planner! We provide a cloud-based platform (Platform) for fitness training. In these terms and conditions (Terms), when we say you or your, we mean you, the person singing up to our Platform. When we say we, us, or our, we mean MuscleSquad Limited, a company registered in England and Wales with company number 10714754. These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms. Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms or throughout these Terms. For questions about these Terms, or to get in touch with us, contact us using the details below: DISCLAIMER You acknowledge and understand that: (1) using the Platform or any content on the Platform for any fitness or exercise related activities may involve a risk of serious injury or even death from various causes including: overexertion, dehydration, equipment failure and accidents with equipment and surroundings; (2) from time to time, the exercise instructions on the Platform may suggest physical adjustments or the use of equipment; (3) it is your sole responsibility to determine if any suggested adjustment or equipment is appropriate for your workout; (4) in the event that you become aware of any medical conditions, injuries or impairments that may be detrimental to your health, you must immediately cease using our Services; (5) you must only use the Platform when you are physically fit to participate safely in workouts that you follow or create through the Platform and that a qualified medical practitioner has not advised otherwise; and (6) it is your responsibility to choose a safe and spacious location for your workouts, and we will not be responsible for any damage to property incurred as a result of your workouts. Our Platform, and any other content or information provided through the Platform is intended to assist you to achieve your fitness goals. You acknowledge and agree that nothing in the Platform or in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives nor are they intended to be a substitute for consulting a medical practitioner or personal trainer for your particular circumstances and needs. We encourage you to seek appropriate medical advice before using the Platform. These Terms were last updated on 05 February 2024. 1 These Terms These Terms contain the terms and conditions on which we supply the Platform to you, whether the Platform comprises of services and/or digital content. Please read these Terms carefully before you accept these Terms by accessing the Platform. 2 Engagement and Term 2.1 These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only (which may be suspended or revoked in accordance with these Terms). 2.2 You must be at least 13 years old to use the Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf. 2.3 We may amend these Terms at any time, by providing written notice to you. Where you have a Basic Account, by clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. Where you have a Premium Account, the new Terms will apply from the next anniversary of the date you signed up to a Premium Account. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation. 2.4 By accessing or downloading our mobile application from the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service. 2.5 We may give you the option to integrate other health services into our Platform such as Google Health and Apple Health. Your use of any other services will be subject to the relevant services’ terms and conditions. Our contact details: MuscleSquad Limited, a company established in England and Wales. Our company registration number is 10714754. Phone number: 01296 254480 Geographical address: 11 Garamonde Drive, Milton Keynes, Bucks MK8 8df, United Kingdom Email address: info@musclesquad.com
CONFIDENTIAL Page 2 of 8 2.6 You acknowledge and agree that after you have accepted these Terms and signed up to a Premium Account, if you instruct us to provide you with access to the Platform (i.e. by logging in) during your 14-day cancellation period, this will be taken to be an express request by you, and you will lose your right to cancel these Terms under Consumer Laws. 3 Our Services 3.1 We provide access to our Platform (Services). 3.2 You may access our Platform through our mobile application on your mobile phone or tablet. You should ensure that any device you use to access the Services is compatible with the Platform. 3.3 In consideration of your payment of the Fees, we will provide the Platform in accordance with these Terms and all applicable laws, whether ourselves or through our personnel. We warrant to you that the Platform will be provided using reasonable care and skill. 3.4 We will not be responsible for any other services unless expressly set out in these Terms or on our Platform. 3.5 Beta Services: If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion. 4 Accounts 4.1 You must register on the Platform and create an account (Account) to access and use our Platform. 4.2 You may register for an Account using your Apple, Google or Facebook account (Single Sign-On Account). If you sign in to your Account using a Single Sign-On Account, you authorise us to access information from your Single Sign-On Account including your name and contact information. 4.3 While you have an Account with us, you agree to keep your information up-to-date (and ensure it remains true, accurate and complete). 4.4 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account. 4.5 We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end. 5 Changes to the Services requested by you If you wish to change the Services (for example, by upgrading to a different tier of account, you must provide notice to us through your Account that you wish to vary the Services before the next Payment Date. If you vary the Services and the Fees increase, we will charge you for the increase in the Fees on a pro-rata basis for the remainder of the period until your next Payment Date, and you will have access to the additional Services features from the date you make such payment. 6 Changes to the Platform 6.1 Minor changes to the Platform: We may change the Platform: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments, improvements, and to keep up-to-date with technological advancements. These changes will not substantially affect your use of the Platform. 6.2 More significant changes to the Platform: We will try to avoid making any significant changes to the Services which are likely to materially disadvantage your use of the Services. However, where we intend to make a change to the Platform which may materially disadvantage your use of the Services, we will notify you in advance of making any changes, and you may then contact us to terminate these Terms and receive a full refund for any unused Services (if applicable) before the changes take effect. 6.3 Updates to digital content: The content available on the Platform will change regularly, provided that the digital content will always match the description of it that we provided to you before you bought it. 7 Minimum Term and Fees 7.1 We offer free Accounts with basic features (Basic Account), and we may also offer paid Accounts with more advanced features, as set out on the Platform (Premium Account). 7.2 If you choose to sign up to a Premium Account, you agree to pay the fees set out on the Platform (Fees) by the date specified on the Platform (Payment Date) to access, use and benefit from our premium features on the Platform.
CONFIDENTIAL Page 3 of 8 7.3 Unless the Services are suspended or terminated in accordance with these Terms, where you have a Premium Account, your access to the Services will roll over on an ongoing annual basis, and you will be charged the Fees on an ongoing basis (either monthly or annually, as selected by you on the Platform) from the Payment Date. Without limiting your rights at law, including your right to cancel these Terms under clause 8, you can cancel the Services at any time in accordance with the “Cancellation” clause of these Terms (clause 14.1) and the cancellation will take effect from expiry of the period for which you have paid the Fees or committed to (or immediately if you have a Basic Account). 7.4 The payment methods we offer for the Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. 7.5 You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. 7.6 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor. 7.7 Subject to your rights at law (including your right to cancel these Terms under clause 8), the Fees are non-refundable once paid. 7.8 We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to the Services for the following subscription period. If the updated Fee is not acceptable to you, you may cancel the Services in accordance with the ‘Cancellation’ clause. 7.9 You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf). 8 Your right to change your mind 8.1 This clause 8 applies where you set up an Account for the Platform in your capacity as a ‘consumer’, as that term is defined in Consumer Laws. 8.2 Except as set out below, you have the right to cancel your purchase of the Services, and receive a full refund of the Fees, without giving any reason, any time up to 14 days after the day you accept these Terms (Cooling-off Period). We agree not to provide you with access to the Platform during the Cooling-off Period, unless you make an express request for us to do so. You acknowledge and agree that after you have accepted these Terms, if you instruct us to provide you with access to the Platform (i.e. by logging in) during the Cooling-off Period, this will be taken to be an express request by you, and you will lose your right to cancel. 8.3 When you don't have the right to change your mind: You do not have a right to change your mind and cancel the Services during the Cooling-off Period if you expressly request to access the Platform during the Cooling-off Period. 8.4 Tell us you want to cancel these Terms: If you want to cancel or terminate these Terms in accordance with this clause 8, you should contact us using the contact details set out at the start of these Terms, or by using the Model Cancellation Form at Attachment 1 to these Terms. 8.5 When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind under this clause 8, then your refund will be made within 14 days of your telling us you have changed your mind. 9 Platform Licence 9.1 While you have an Account, we grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person. 9.2 You must not: (a) access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability; (b) interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform; (c) introduce any viruses or other malicious software code into our Platform; (d) use any unauthorised or modified version of our Platform, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our Platform; (e) attempt to access any data or log into any server or account that you are not expressly authorised to access; (f) use our Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing; (g) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
CONFIDENTIAL Page 4 of 8 (h) access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted. 10 Availability, Disruption and Downtime 10.1 While we strive to always make our Services available to you, we do not make any guarantees that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance. 10.2 Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties. 10.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services. 11 Intellectual Property and Data 11.1 You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself (including how it looks and functions), any workouts, workout plans, videos, images, media, training programs and any algorithms or machine learning models used on the Platform, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property (Our Intellectual Property) will at all times vest, or remain vested, in us. 11.2 We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You must not use Our Intellectual Property for any commercial purpose. 11.3 You must not, without our prior written consent: (a) copy, in whole or in part, any of Our Intellectual Property; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or (c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property. Your Data 11.4 We encourage you to interact with the Platform and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content on the Platform, such as videos and still images (User Content) on the Platform. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag). We may give you the opportunity to mark certain User Content that you submit to the Platform as private, public, or available only to select users of the Services. We will maintain the privacy of such User Content in accordance with your elections. However, if you do not elect to mark your User Content as private or available for a limited group of users, or later change such designation to allow such User Content to be made available to anyone, you are responsible for the public nature of the content. Please review your Account settings for more information on how to manage your privacy controls. 11.5 You own all User Content, data, information, personal data, images, videos or content you upload into the Platform (Your Data), as well as any data or information output from the Platform using Your Data as input (Output Data). Note that Output Data does not include the Analytics (as described below). 11.6 You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Data and the Output Data to: (a) share with your network (subject to the relevant privacy settings you select); (b) communicate with you; (c) supply the Platform to you and otherwise perform our obligations under these Terms; (d) diagnose problems with the Platform; (e) enhance and otherwise modify the Platform; (f) perform Analytics; (g) develop other services, provided we de-identify Your Data; and (h) as reasonably required to perform our obligations under these Terms. 11.7 You agree that you are solely responsible for all of Your Data that you make available on or through the Platform. You represent and warrant that: (a) you are either the sole and exclusive owner of Your Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Data (as contemplated by these Terms); and
CONFIDENTIAL Page 5 of 8 (b) neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Data on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 11.8 You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own business purposes, provided that the Analytics do not contain any identifying information. 11.9 We do not endorse or approve, and are not responsible for, any of Your Data and/or any User Content or your reliance on any other user’s User Content that they upload. We do not routinely screen or monitor content posted to the Services by others and, as such, we do not guarantee the accuracy, integrity or quality of such content. We may, in our sole discretion, screen, monitor, hide, refuse or remove any User Content, or remove any User Content that violates these Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. 11.10 You are responsible for (meaning we are not liable for) the integrity of Your Data on your systems, networks or any device controlled by you. 11.11 You acknowledge and agree that the Platform and the integrity and accuracy of the Output Data is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of the Platform and our Services. 11.12 This clause will survive the termination or expiry of these Terms. 12 Your Warranties 12.1 You represent, warrant and agree that: (a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business; (b) there are no legal restrictions preventing you from entering into these Terms; (c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete and that we are relying on the accuracy of your data (whether input by you or shared via a third party health application) to provide our Services; (d) it is your responsibility to ensure that any workouts you do are safe and do not exceed your limits and you are responsible for ensuring you only engage in workouts that are appropriate for your skills and abilities, as well as your own mental or physical condition; (e) you have consulted with your relevant health care professional to participate in our Services and you have consulted your relevant health care professional before making any health, fitness or dietary changes based upon information available through the Services; and (f) you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms. 13 Limitations on and Exclusions to our Liability 13.1 Neither Party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default. 13.2 The restrictions on liability in this clause 13 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise. 13.3 Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) defective products under the Consumer Protection Act 1987. 13.4 This clause 13.4 applies to the extent that the Platform is considered digital content. If the Platform is defective and it damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. 13.5 To the maximum extent permitted by law, we shall have no Liability for any third party products or services, or any unavailability of the Platform due to a failure of the third party products or services. 13.6 Subject to clauses 13.1 (no limitation in respect of deliberate default), clause 13.4 (damage caused by defective digital content) and 13.3 (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:
CONFIDENTIAL Page 6 of 8 (a) we only supply the Platform to consumers for domestic and private use. If you use the Platform for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity; (b) where you are using the Platform as a consumer, and either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms; (c) a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss; (d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Platform to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you to us in the first 12 months of the Terms, and where no Fees were paid, £100; (e) if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms; and (f) we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: (1) any use or application of the Platform by a person other than you; (2) any works, services, goods, materials or items which do not form part of the Platform (including third party health applications); and (3) any lack of suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform. 13.7 We have given commitments as to the compliance of the Platform with these Terms and applicable Laws in clause 3.3. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms. 13.8 This clause will survive the termination or expiry of these Terms. 14 Termination 14.1 Cancellation: You may request to cancel the Services at any time by notifying us via the ‘cancel my Account’ feature in your Account. Where you have a Premium Account and you cancel the Services, your Account will revert to a ‘Basic Account’ (unless you delete that too). Where you have a Premium Account, your cancellation will take effect from the end of the minimum contract period. If you cancel the Services because we have changed the Services inclusions and the change has a substantial and adverse impact on you, then the termination of the Services will be immediate, and we will refund you for any Fees that you have paid upfront but have not been used on a pro-rata basis. 14.2 We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if: you do not pay the Fees as they fall due; you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach; you breach these Terms and that breach cannot be remedied; or you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement). 14.3 Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach. 14.4 Upon expiry or termination of the Services, we will retain Your Data (including copies) as required by law or regulatory requirements. 14.5 Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis. 14.6 Termination of the Services will not affect any rights or liabilities that a Party has accrued under these Terms. 14.7 This clause will survive the termination or expiry of these Terms. 15 Notice Regarding Apple 15.1 To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform. 15.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform. 15.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
CONFIDENTIAL Page 7 of 8 15.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. 15.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights. 15.6 You agree to comply with any applicable third-party terms when using our mobile application. 15.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. 15.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. 16 General 16.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld). 16.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party. 16.3 Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it. 16.4 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Dispute is not resolved at that initial meeting: where you are a resident in England and Wales, refer the matter to mediation, administered by The Centre for Effective Dispute Resolution; or where you are not resident in England and Wales, refer the matter to arbitration administered by the London Court of International Arbitration (LCIA), with such arbitration to be conducted in London, before one arbitrator, in English and in accordance with the LCIA Arbitration Rules. 16.5 Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control. 16.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications 16.7 Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Platform may be accessed in the UK and overseas. We make no representation that the Platform complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Platform from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Platform. The United Nations Convention of Contracts for the International Sale of Goods is expressly excluded from these Terms. 16.8 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email. 16.9 Privacy: All personal data you provide to us will be treated in accordance with our privacy policy. You can find our privacy policy at https://musclesquad.com/pages/privacy-policy. 16.10 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. 16.11 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us.
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17 Deleting your Account You can delete your account at any time. Please perform the following steps in order to delete your account from within the app: • Go to Feed screen • On top right click on settings • Tap 'Delete Account' • Confirm account deletion This will delete your account and all related data within 30 days. Within the 30 day period you can cancel the account deletion. However after 30 days the data is permanently deleted.
18 Definitions Consumer Laws means any laws applying to you as a consumer, including the Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, business names, get-up, goodwill, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application for registration of, and any improvements, enhancements or modifications of, the foregoing, and any right to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future, including in respect of the foregoing. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise. © LegalVision Law UK Ltd
CONFIDENTIAL Page 9 of 8 ATTACHMENT 1 – MODEL CANCELLATION FORM (Complete and return this form only if you wish to withdraw from the contract) I hereby give notice that I cancel my App Terms and Conditions with you that I accepted on [insert date]. Name: Address: Signature of consumer(s) (only if this form is notified on paper): Date: © Crown copyright 2013. To MuscleSquad Limited (a company registered in England and Wales with company number 10714754, phone number: 01296 254480, address: 11 Garamonde Drive, Milton Keynes, Bucks MK8 8df, United Kingdom; email: info@musclesquad.com)