1. Who we are
We are Apilabs Ltd, a company registered in England and Wales. Our registered address is 56 Riverslea Road, Coventry, West Midlands, England, CV3 1LD. Our company number is 11094336. We trade as “APITRAIN”.
2. How to contact us
Please email us at firstname.lastname@example.org or send a message via APITRAIN website to contact us about any issues.
3. Our services
We provide the fitness planning tools accessible via using any computer or tablet as described in Schedule 1 of these Terms and Conditions and at Apitrain website (“Services”).
Our Services may be provided to individuals and to personal trainers.
The Services may include any or all of the following features (“Features”):
- Access to Apitrain Database
- Versatile Fitness Planning
- Fast and Easy Fitness Training
- Track Progress
- Manage Clients (Personal Trainers only).
4. APITRAIN Smart Watch
The APITRAIN Smart Watch is optional. You don’t need an APITRAIN Smart Watch to access and use the Services and the Services do not include the APITRAIN Smart Watch.
The APITRAIN Smart Watch synchronises with the Services and send you notifications that prompts you to follow the training and food plans included in your account. Therefore, the APITRAIN Smart Watch optimises your experience when using the Services.
5. Subscription plans
We provide our Services under the plans set out in Schedule 1 of these Terms and Conditions and at Apitrain website (“Subscription Plans”).
Each Subscription Plan includes the set of Features set out in Schedule 1 of these Terms and Conditions and at Apitrain website. If neither Schedule 1 of these Terms and Conditions nor Apitrain website state that a certain Subscription Plan includes a certain Feature, you cannot assume or imply that this Feature is included in that Subscription Plan.
Before you complete the acquisition of the Services you will be required to choose the Subscription Plan to which you want to sign up.
6. Our contract with you
When you click on the “Create Account” button at the sign up area of our website, you will create an account with us. No payment details are required when you create an account.
After you create an account, you will automatically start your 30-day free trial of the Trial Plan, which includes a full version of the Services. Please see clause 9 below.
When you log in to your account, you can place an order to acquire and/or upgrade the Services included in the chosen Subscription Plan in accordance with these Terms and Conditions (“Order”).
As soon as possible after you create an account and/or we receive your Order, we will send you a confirmation email containing the details of your account, the 30-day free trial or your Order as applicable. When we send you this confirmation email (“Effective Date”), a contract will be formed between you and us for the supply of the Services included in the Order in accordance with these Terms and Conditions (“Contract”).
For the avoidance of doubt, these Terms and Conditions and the APITRAIN Smart Watch user guide available at the membership area of APITRAIN website are part of the Contract between you and us and are incorporated in it for all legal effects.
7. Who cannot contract with us
- are an actual or potential competitor of our business;
- plan or intend to develop services similar to the Services; or
- are acquiring the Services or signing up to a Subscription Plan for the purposes of monitoring their content, performance and availability or doing any kind of benchmarking research you shall not enter into a contract with us without our previous consent in writing.
If you enter into a contract with us under these circumstances and without our previous consent, we reserve the right to terminate the contract in accordance with these Terms and Conditions.
8. Subscription Fees and Payment Terms
In consideration for the supply of the Services, you must pay to us the fees corresponding to the Subscription Plan you chose (“Subscription Fees”).
The Subscription Fees and the payment terms are set out in Schedule 1 of these Terms and Conditions and at APITRAIN website. You can also check the Subscription Fee in the Order and in the email we send you when we confirm the creation of your account and/or your Order.
9. 30-day free trial
When you create an account, you are entitled to a 30-day free trial on the Trial Plan.
Your 30-day free trial starts on the Effective Date (which is the date when we send you an email confirming that your account was created).
During the 30-day free trial you can access and use the Services, including all the Features included in the Trial Plan, at no cost.
At least 3 days before the expiry of the 30-day free trial, we will contact you to remind you about the expiry of the 30-day free trial and ask you if you want to upgrade the Subscription Plan.
If you choose to upgrade your Subscription Plan after the expiry of the 30-day free trial, when you click on the button “Pay with Card” the Subscription Fees will be charged to your selected payment method.
If you decide not to upgrade the Subscription Plan after the 30-day free trial, no Subscription Fees will be charged and we reserve the right to delete your account starting from 5 days after the expiry of the 30-day free trial.
You can cancel the 30-day free trial at any time during these 30 days by cancelling or deleting your account in the membership area of our website.
Except for the payment of the Subscription Fees and the warranties we give in connection with the Services, these Terms and Conditions apply during the 30-day free trial.
10. Access to the Services after the 30-day free trial - what happens to referrals from PT
After the expiry of the 30-day free trial, you can only access and use the Services or any Feature included in your Subscription Plan if you decide to upgrade the Subscription Plan and pay the Subscription Fees on time.
If you don’t pay the Subscription Fees when they are due, we reserve the right to immediately suspend your right to access and use the Services and any Feature included in your Subscription Plan.
11. Importance of the information you provide
The Services are designed to help you plan and monitor your fitness development. Therefore, the accuracy of the analysis provided by the Services depends on the accuracy and completeness of the information you provide.
We are not liable for:
- the information you provide;
- the accuracy and completeness of the information you provide
- any damage, loss or any other issue you may experience with the Services in relation to the information you provided.
12. How we deal with the inputs you make to the Services
Unless you continue to use the Services after the expiry of the 30-day free trial, we don’t retain any data related to your use of the Services during the 30-day free trial – neither data and customisations you make nor data and analysis resulting from what your inputs.
Therefore, if you cancel the 30-day free trial before it expires and/or if you don’t update the Subscription Plan after the expiry of the 30-day free trial, all your data and customisation you make to the Services will be lost.
If you don’t cancel chooses to upgrade the Subscription Plan after the expiry of the 30-day free trial, all data and customisations you make and all data and analysis resulting from what your inputs during the 30-day free trial will be retained and can be used for the duration of your Subscription Plan.
After your Subscription Plan is expired or the Contract otherwise terminates, we reserve the right to delete your account and any data related to your account (including all your data and customisation you make to the Services).
13. Use of the Services
To allow you to use and access the Services and the Features included in your Subscription Plan, when we confirm the creation of your account and/or your Order via email, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable, limited licence to use the Services and the Features included in your Subscription Plan in accordance with these Terms and Conditions.
You can only use the Services and the Features included in your Subscription Plan for your personal use and, if you are a personal trainer or fitness centre, for the use of your clients.
You cannot under any circumstance transfer, sub-license or otherwise sell the Services or any Feature in your Subscription Plan to any third party. Personal trainers and fitness centres may refer their clients to use the Services provided that such use is made in accordance with these Terms and Conditions.
This licence is subject to your compliance with:
- these Terms and Conditions, including the payment of the Subscription Fees;
- the Terms and Conditions for Website use
- the Acceptable Use Policy; and
These documents shall be part of these Terms and Conditions and are incorporated here by reference.
This licence will exist for as long as your Contract with us is valid and effective. Upon termination of the Contract, the licence will be automatically cancelled.
Your Subscription Plan will automatically renew for the same number of months set out in your Order.
If you don’t want to automatically renew your Subscription Plan, you must inform us via the membership area of our website before the date when your Subscription Plan will expire.
When we receive the information that you don’t want to automatically renew your Subscription Plan, the Contract will terminate, you will no longer be able to access and use the Services and the Features included in your Subscription Plan and we reserve the right to delete your account and any data related to your account (including all your data and customisation you make to the Services).
During the duration of your Subscription Plan you can upgrade it to a plan that includes more Features. You can do this in your membership area of the website.
If you upgrade your Subscription Plan, the Subscription Fees will be charged pro rata in proportion to the number of days you use each Subscription Plan.
For the avoidance of doubt, you will not be entitled to an additional 30-day free trial when you upgrade your Subscription Plan.
16. Cancellation Policy
Except for your right to cancel the 30-day free trial at any time during the 30-day period and your right to terminate the Subscription Plan when it expires by not accepting the automatic renewal, you cannot cancel your Order without paying us a compensation.
This compensation will be calculated in proportion to the days left in your Subscription Plan on the day when you inform us that you want to cancel your Order.
You will not be entitled to any refund if you decide to cancel a Subscription Plan before its expiry date.
17. Our rights to terminate the Contract
We can terminate the Contract and immediately cancel your access to the Services and to the Features included in your Subscription Plan if:
- you don’t pay the Subscription Fees when they are due;
- you breach any other provision of these Terms and Conditions and fail to cure this breach within 10 days after being informed by us to do so.
18. Our rights to make changes
We may change the Services, any Feature included in your Subscription Plan or these Terms and Conditions these changes are required to:
- reflect changes in relevant laws and regulatory requirements;
- implement technical adjustments and improvement.
We may update or require you to update any part of the Services, provided that the Services you get after any update will always match the description of your Order.
19. Our warranties
We warranty to you that:
- we will provide the Services with skill and care;
- we will provide regular support to the Services as set out in our help page in the membership area;
Except for the warranties that cannot be excluded or limited by law, we don’t provide any other express, implied or statutory representation and warranty in relation to the Services or your use of the Services.
For the avoidance of doubt, we do not warrant that:
- you will achieve any specific fitness results if you use the Services and the Features included in your Subscription Plan;
- the Services will not experience any delay or interruption;
20. Our liabilities
If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms and Conditions 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 the contract was made, both we and you knew it might happen.
In addition to that, we are not liable for:
- any information you provide to us;
- the accuracy and completeness of the information you provide;
- any damage, loss or any other issue you may experience with the Services in relation to the information you provided;
- if for any reason you don’t get the fitness results you want;
- any problem related to your failure to obtain expert advise before placing your Order for your Subscription Plan.
These do not exclude or limit any liability that cannot be excluded or limited by law.
Nothing in APITRAIN website, in the Services or in any Feature is advice given by a doctor, phyisician, physiotherapist, nutritionist or physical educator. Please consult expert professional before you place your Order for your Subscription Plan and/or start any fitness routine.
22. Intellectual Property Rights
Any and all intellectual property rights vested in and/or related to the Services, the Features and the Subscription Plans are owned by us and will continue to be owned by us during the Contract and after its termination.
23. Data Protection
24. General Provisions
We may transfer our rights and obligations under these Terms and Conditions 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
The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions 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.
Even if we delay in enforcing the 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 and Conditions, or if we delay in taking steps against you in respect of your breaking the 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.
These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
Services, Subscription Plans and Payment Terms