Terms of Service
2. APPROVAL OF THE TERMS
You may not use the Service nor accept these Terms if you are not of a legal age to form a binding contract with us. If You accept these Terms, You represent that You have the capacity to be bound by them, or if You are acting on behalf of a company or entity, that You have the authority to bind such company or entity (and in which case “You” will refer to the company or
We may add to, discontinue or revise these Terms or any aspect, mode, design, or service provided under the Service, which include but are not limited to the:
a. scope of the features;
b. timing of the features;
c. software/hardware required for access to the Service; and
d. geographic locations or jurisdictions in which certain features may be available.
We may amend the Terms without notice for non-material amendments. In the event of a material change, we will provide the Account Manager with thirty (30) days’ notice of a material change in the Terms and conditions (including changes in pricing) via e-mail to the e-mail address supplied to us by the Account Manager, setting out:
i. the new or amended agreement terms;
ii. how such terms read formerly;
iii. the date of the coming into force of the amendment;
iv. the means in which You can respond and the effects of not responding;
v. the option to either terminate the agreement or retain the existing agreement unchanged;
vi. the language of this provision with reference to the applicable consumer protection legislation rules for amending these terms and making any additional requirements for amendments as prescribed by law (if any).
It is the Account Manager’s responsibility to send such notices of material changes to all Users associated with the Account Manager’s account. We highly recommend that Users read any amendments carefully. Unless explicit consent is required by the law, we have the right to assume that You have accepted the change to the terms and conditions, unless You notify us to
the contrary, no later than thirty (30) days after the amendment comes into force, that You desire to cancel the contract or deregister or unsubscribe from access to the Product.
We will post the most current Terms on the Website and your use of the Service will be subject to the most current Terms as posted on the Website at such time. It is your responsibility to visit this page to find any updates that may have been made to the Terms. You hereby agree that Promethean Fitness shall not be liable to You, your employee, or any other third party for any
4. PAYMENT TERMS
We are not liable for any payments that are not completed because: (1) your debit or credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the debit or credit card account; (2) You have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).
These Terms are effective on the date that You access the Product and will continue to apply until our relationship with You is terminated. Users may terminate their relationship with us by notifying Trainer via email at email@example.com, or cancelling the relevant plan on prometheanfitness.ie. The services provided by the Service and the applicable fees shall continue until the end of the Account Manager’s current subscription term after the Account Manager has notified us of your desire to unsubscribe from the Service, to close your account, and to cease your use of the Service. Account Managers that
use the Service during a trial period and do not register for the Service after the free trial period will have their account terminated at the end of the free trial period.
We may terminate our relationship with You immediately at any time and for any reason including, but not limited to, a breach of these Terms under the following circumstances:
a. if You have not adhered to any or all the provisions of the Terms (such as a failure to pay fees when due) or if it appears that You do not intend to or are unable to comply with the Terms, such determination to be made solely at our discretion;
c. if we are required to terminate the relationship by law;
d. if we receive any notice of your misuse of the Service; or
e. if provision of the Service is no longer commercially viable for us.
Upon termination of our relationship, we will immediately revoke your license to use the Service and block all access to your account, and will delete all data and information associated with your account 6 months after such termination. Upon termination of this relationship, You will remain liable for any accrued charges and amounts which become due for payment prior to or following termination. If you do not log into your account for 3 or more months, we may treat your account as “inactive” and permanently cancel your account upon delivery of written notice and delete your information 6 months after such notice has been delivered.
6. USE OF THE PRODUCT
In order to use the Service, an Account Manager must register using our registration page located at www.prometheanfitness.ie.
Registration Information: You agree and understand that You are responsible for maintaining the
confidentiality of your password, which, together with your name and e-mail address (“User ID”), allows You to access the Service. The User ID and password, together with any other contact information You provide us at the time of signing up for the Product form your “Registration Information.” You agree that all Registration Information provided to us will be accurate and up to date. You agree to keep your password secure. We will not be liable if we are unable to retrieve or reset a lost password. If You become aware of any unauthorized use of your password or account, You agree to notify us via e-mail at firstname.lastname@example.org as soon as possible.
Permitted Uses: You agree to use the Service only for purposes that are permitted, both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines, in relevant local, national, and international jurisdictions. You agree to adhere to any applicable privacy of personal information laws and regulations, including as outlined in General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
Unauthorized Access: You agree to only access (or try to access) and use the Service through interfaces provided by us. You shall not access (or try to access) and use the Service through any automated means, including, but not limited to, scrapers, scripts, robots, or web crawlers.
You agree not to use or attempt to use another User’s account. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information, or your affiliations with any person or entity.
Prohibited Uses: You may use our Website, services, and products only for lawful purposes. You may not use our Website, services, or products in any manner that:
a. breaches any applicable local, national or international law or regulation;
b. may in any way be considered harassment to another person or entity;
c. may in any way, is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
d. may in any way damage, disable, overburden, and/or impair the the Product server, or any
network connected to the Service server, and/or interfere with any other party’s use or enjoyment
of the Service;
e. is in any way abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in
nature or written in bad faith;
f. harms or attempts to harm minors in any way;
g. will reproduce, duplicate, copy, sell, resell or exploit any portion of the Product; or
h. will abuse either verbally, physically, written or other abuse (including threats of abuse or
retribution) of any Product customers, employees, members, or officers;
and any of the foregoing will result in immediate account termination.
If you would like to link to the Product, we request that you:
Inform us that you are creating a link by sending a message to email@example.com. Please indicate the URL of the page where the link will be placed. Link to the Product home page instead of specific pages within the Product. While Trainer encourages links to the Product, it does not wish to be linked to or from any thirdparty website which contains, posts or transmits any unlawful information of any kind, including, without limitation, any content i) that constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; ii) that may be damaging or detrimental to the activities, operations, credibility or integrity of the Trainer; or iii) that contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by
copyright, trademark or other proprietary rights.
The Trainer reserves the right to prohibit or refuse to accept any link to the Product, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Product upon the request of the Trainer.
The framing, mirroring of the Product or any of its content in any form and by any method is strictly prohibited and deep linking is discouraged. You may not cause any advertisement including any pop-up or banner advertisement to appear at, or on, or after exiting, the Service.
8. THIRD PARTY LINKS
The Trainer may, from time to time, link to third-party websites or resources either on the website, social media or on the Promethean Fitness Discord Community. Such links are provided as a convenience to You only and do not imply an endorsement, warranty or guarantee by us of any such linked Website or the company it purports to represent. We do not assume any responsibility or liability for their availability, accuracy, the related content, products or services. You are solely responsible for use of any such websites or resources and compliance with their policies. Should You elect to enter into a binding contract with any such website, You agree to hold us harmless and hereby release us from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of your actions or the actions of any user associated with your account, offering to accept or having accepted any products or services that are available from those sites.
9. INTELLECTUAL PROPERTY AND RIGHTS
Rights to content provided by us: You acknowledge and understand that we own all right, title and interest in: (a) the Service and any associated data files; and (b) all computer software; advertisements; sponsored content; and intellectual property associated with the Service (all such information, individually and collectively, being the “Service Content”), which You may have access to when using the Service.
Except as set forth in the Agreement, all rights not expressly granted to You are reserved. You agree not to decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the intellectual property or ideas, algorithms, file formats, programming, or interoperability interfaces underlying the Product. You may not modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of services products or services) based on the Service Content that You do not own or to which You have rights, or to create derivative works based on the Product. You may not infringe upon our intellectual property or adapt, reproduce, publish or distribute copies of any information or material found on the Service in any form (including by e-mail or other electronic means), without our prior written
You are not required to provide Trainer with any comments, suggestions, recommendations, requests or any other feedback (“Feedback”). In the event that you do provide Trainer with Feedback, Trainer may use such feedback to improve the Service or for any other purpose. Furthermore, Trainer shall own such Feedback and Trainer and its affiliates, licensees, clients,
partners, third-party providers and other authorized entitled may use, license, distribute, reproduce and commercialize the Feedback, and You hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to Trainer.
Limited license: We grant You a non-exclusive, non-transferable, revocable, limited license to use the Service in accordance with these Terms. This limited license is subject to full payment of the monthly fees, when due. This license may be revoked upon breach of these Terms by You and shall automatically be revoked upon termination or expiration of this Agreement.
The Company may, now or in the future, own rights to trade-marks, trade names, services marks, logos, domain names and other distinctive brand features which we use in connection with the operation of the Product (each such feature being a “Brand Right” and collectively being the “Brand Rights”). We do not grant you any right or license to use any Brand Right other than as expressly set out in these Terms and in other licenses between You and us. Rights to content provided by you: Trainer does not retain any right, title and interest to the information provided, inputted or uploaded to the Product (“User Data”). You understand and agree that the ownership of User Data shall be decided amongst yourself and your employer, if
applicable, and that your User Data may be available to your employer even after the termination of your account with the Product. You agree that You will defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against any and all claims, damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to the ownership of User Data.
You also understand that in order for us to operate the Service, User Data may be transmitted by You or us over various public networks and in various media in compliance with our security protocols and we may make changes to User Data to meet the technological requirements of such networks and media. You are responsible for ensuring that User Data is protected and your rights in User Data are enforced; we have no responsibility to protect or enforce your rights on your behalf with respect to User Data.
At any time and up to 365 days after your termination with Trainer, You may request a copy of all of your User Data from the Product (“Data Dump”). You understand and agree that after the expiration of 365 days after your termination with Trainer, your User Data will be permanently deleted and You will no longer have access to such Data Dump.
The Service provided as-is: The Service is provided “as-is” without warranties of any kind, either expressed or implied. You acknowledge, agree and understand that You use the Service at your own risk. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Service.
11. DATA RETENTION
Promethean Fitness may store your data as long as your account is current and active and for 6 months after our relationship with You has been terminated.
12. REFUND & CANCELLATION POLICY
We're so convinced you'll absolutely love our services, that we're willing to offer a 7-day risk-free money-back guarantee. If you are not satisfied with the service for any reason you can get a refund within 7 days of making a purchase. If you would like to contact us concerning any matter relating to this Refund Policy, you may send an email to firstname.lastname@example.org.
Promethean Fitness must be notified of cancellation of a session 24 hours in advance of scheduled sessions. You must receive confirmation of cancellation from the trainer. If you do not appear for a scheduled session or fail to give 24 hour notice, you will lose the session. If more than 24 hours notice is given, the session can be retained for use at another time within the same payment period (month).
13. LIMITATION OF LIABILITY
You hereby agree to release, remise and forever discharge us and our directors, employees, officers, and our affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages,
causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, and for any special, indirect or consequential, incidental or exemplary damages (collectively, a “Claim”), whether in contract or tort, whether known or unknown, which now or hereafter arise from, to the maximum extent allowed by law, that relate to, or are connected with:
a. any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use data, or other intangible losses;
b. your provision of any personal information provided to us subject to our legal requirements relating to the protection of personal information;
c. communications received to you through your access to the Service;
d. the posting of information on the Service, Website, blog, account or any affiliated social media, including but not limited to, User data, Cards, written reviews, pictures, or personal information;
e. the use of the Service and any related applications including third party services;
f. the use of any software related to the Service;
g. viruses, spyware, service provider failures or internet access interruptions;
h. loss of use, loss of data, inaccuracy of data, payment failure, payment defect, inaccurate calculations, downtime, identity theft, fraud or unauthorized access; or
i. any content relating to the use of the Service, even if you have been advised of the possibility of such Claim, or such Claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license.
In the event that we become liable for any damages whatsoever, you agree that such damages shall be limited in the aggregate to the amount of fees or charges which You have paid for the Service in the previous payment period.
To the extent permitted by applicable laws, You agree that You will defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against any and all damages, judgments, liability,
costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to: (a) generally, your breach of these Terms; your access to and/or use of the Service; and any loss of, or damage to, any property, or injury to, or death of, any person (including you) caused by your access to and/or use of the Service; and (b) specifically, your breach of the intellectual property rights of any third party to these Terms.
You agree that You will be solely responsible for all activities that occur under your account, whether You are aware of them or not. You agree to hold us harmless and release us from any loss or liability whatsoever that You may incur as a result of someone other than You using your password or account, either with or without your knowledge. You agree to indemnify us for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not You were directly or personally responsible.
15. GOVERNING LAW AND FORUM OF DISPUTES
By visiting the Website or using the Service, You agree that the laws of the province of the Republic of Ireland, without regard to the principles of conflict of laws, will govern these Terms and any dispute of any sort that may arise between You and us. With respect to any disputes or claims, You agree not to commence or prosecute any action in connection therewith other than in the province of the Republic of Ireland, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the provincial courts of jurisdiction. You agree to pay reasonable attorneys' fees and court costs incurred by us to collect any unpaid amounts owed by You.
Expenses: Each party shall be responsible for its own legal fees and other expenses incurred in connection with the performance of any of its obligations hereunder.
16. FORCE MAJEURE
You agree that we are not liable for a delay or failure in performance of the Service or the provisions of these Terms caused by reason of any occurrence of unforeseen events beyond our reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms.
19. ASSIGNMENT OF AGREEMENT
You may not, without our prior written consent, assign the Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Agreement and will be void. We may assign this Agreement to a third party at any time in our sole discretion. The Agreement will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms or which we have the benefit of under any applicable law, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Waivers must be in written form and signed by an authorized representative of the Company.
21. SURVIVAL OF AGREEMENT
All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of our relationship.
22. ENTIRE AGREEMENT
By providing us with your e-mail address, You agree to receive all required notices electronically, to that e-mail address or by mobile notifications via the Service. It is your responsibility to update or change that address, as appropriate.
If You have any questions or comments regarding these Terms please contact us by email at email@example.com.
Last modified: 07 November 2021