1. Welcome to One8 Trion
1.1. One8 Trion operates a platform that suggests workouts and exercises based on users’ interest, exercise ability and training preferences, and provides guidance and instructional videos for completing exercises, as well as general tips for working out and leading a healthy lifestyle, which We make available through the One8 application available for download on Your mobile device (the “One8 App“) and Our websites at https://one8.com/fitness-app/ or www.one8.app (“Website“) (collectively referred to as the “One8 Trion Service“).
1.2. For the purpose of these Terms and Conditions, wherever the context so requires, “You”, “User” or “Your” shall mean any natural or legal person who has agreed to register/sign up by providing data required to register on the One8 Trion Service (“Member“) and/or any other person who browse and/or access and/or use the One8 Trion Service. The terms “One8 Trion“, “We“, “Us“, “Our” shall mean One8 Trion Service, a product of One8 Trion Ltd. (registered in the United Kingdom) having its registered office at 88-90 Baker Street, London, United Kingdom, W1U 6TQ and its affiliates.
2. Using the One8 Trion Service in Your Health Regime
2.1. Most of the content provided to You through the One8 Trion Service is generated automatically by a workout generator software in response to Your responses to specific questions from time to time (the “Survey”). It is customised to You based on Your answers to those questions and, over time, can be further customised to You based on Your use of the One8 Trion Service. The content can also be customised manually by You as a User of the One8 Trion Service. The Survey does not constitute a medical questionnaire and the processing of Your responses and incorporation of customisations should not be treated as medical assessment, and neither should be treated as confirmation that You are medically fit to participate in sessions.
2.2. The content provided to You through the One8 Trion Service is not, however, manually tailored to You personally. Any extra sessions added by You through the “Add Workout” functionality on the One8 Trion Service may also suggest variations that may be more suitable to Your goals and ability, but will not be customised for You.
2.3. The content provided through the One8 Trion Service may therefore not be appropriate to Your specific circumstances. In particular, You should seek advice from a doctor before doing any of the exercises or following any nutritional guidance provided through the One8 Trion Service, if You have a medical condition or injury that might be impaired or aggravated by exercise or if You have any specific nutritional requirements or allergies.
2.4. If at any time during Your workout You do not feel well, You should stop immediately and, if required, seek medical advice from a medical professional.
2.5. The One8 Trion Service offers guidance on completing certain exercises safely and effectively. However, You are responsible for ensuring that You do the exercises in accordance with the guidance We provide to You, and for otherwise ensuring that You do any exercises safely. We will not be responsible for any injuries that You cause to Yourself or others, if You fail to follow the guidance provided on the One8 Trion Service, fail to take proper medical precautions appropriate to You, or otherwise act negligently when doing the exercises in the workout plan provided to You by Us.
3. Your relationship with Us
3.1. This document and any documents referred to within it (collectively, the “Terms and Conditions“) set out the terms of Your relationship with Us. It is important that You read and understand these Terms and Conditions before using the One8 Trion Service. We may modify the One8 Trion Service on a temporary basis by sending You the notifications and bulletins for such purpose.
3.2. By accessing and using the One8 Trion Service, You agree to these Terms and Conditions, regardless of how the User or anyone on User’s behalf has accessed or used the One8 Trion Service. If You do not agree to these Terms and Conditions, You are not allowed to, and You shall not, access or use the One8 Trion Service in any manner whatsoever.
4. Information about You
4.1. Your privacy is important to Us. You should read Our Privacy Policy (https://www.one8.app/privacy-policy/) to understand how We collect, use and share information about You.
4.2. Please note that the One8 Trion Service provides You with exercise plans and tips which is based on the information You submit to Us. In order to get the most out of the One8 Trion Service, You should ensure that (and You are responsible for ensuring that) any information You provide to Us is accurate.
5. The One8 Trion Service and Your Fitness Goals
5.1. The One8 Trion Service allows You to customise exercise plans to Your goals, personal preferences and ability, and to access and view instructional text and videos to assist You with completing the relevant exercises, as well as content relating to a healthy lifestyle, nutrition and working out.
5.2. People respond differently to exercise, and so We are unable to guarantee that You will see any change in Your health, fitness, strength, ability, size or weight as a result of doing the exercises suggested to You through the One8 Trion Service. We will not be responsible to You if You do not achieve Your exercise or fitness goals through using the One8 Trion Service.
5.3. We may, from time to time, provide social features on the One8 Trion Service, which enable You to message and share information about Your use of the One8 Trion Service with other users and upload video suggestions for new exercises. Any use by You of these social features should comply with Our Rules of Acceptable Use (as mentioned below) and applicable laws.
6. Setting up Your Account
6.1. To access the One8 Trion Service, You must download the One8 App on Your mobile device and set up an account using Your email address (Your “Account“). You will need to create a password for Your Account and to continue with the Account, We encourage You to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your Account.
6.2. You must be 18 years or older and capable in Your country of residence to enter into a legally binding agreement to use the One8 Trion Service.
6.3. You are responsible for maintaining the confidentiality of Your login details and for any activities that occur under Your Account. If You have any concerns that Your Account may have been misused, You should contact Us at info@one8.app straight away to let Us know.
7. Your right to use the One8 Trion Service
7.1. The materials and content comprising the One8 Trion Service belong to Us or Our third party licensors, and We give You permission to use these materials and content for the sole purpose of using the One8 Trion Service in accordance with these Terms and Conditions.
7.2. Your right to use the One8 Trion Service is personal to You and You are not allowed to give this right to any other person. Your right to use the One8 Trion Service does not stop Us from giving other people the right to use the One8 Trion Service.
7.3. Unless allowed by these Terms and Conditions or as permitted by the functionality of the One8 Trion Service, You agree:
a) not to copy, or attempt to copy the One8 App or any other portion of the One8 Trion Service;
b) not to give or sell or otherwise make available the One8 App or any other portion of the One8 Trion Service to anybody else;
c) not to change, or attempt to change the One8 App or any other portion of the One8 Trion Service in any way;
d) not to look for or access the code of the One8 App or any other portion of the One8 Trion Service that We have not expressly published publicly for general use.
7.4. You agree that all confidential information, copyright and other intellectual property rights in the One8 App or any other portion of the One8 Trion Service belong to Us or the people who have licenced those rights to Us.
7.5. You agree that You have no rights in or to the One8 App or any other portion of the One8 Trion Service other than the right to use and access them in accordance with these Terms and Conditions.
8. Free Trial
8.1. We offer a free trial of the One8 Trion Service for 7 (seven) days after You have downloaded the One8 App, created Your Account and completed the onboarding questionnaire (the “Trial Period“).
8.2. During the Trial Period, We will not charge You any fees for using the One8 Trion Service. On the day after the Trial Period ends You will be presented with alternatives for subscribing to the One8 Trion Service. A subscription is required for You to continue using the One8 Trion Service after the Trial Period has expired.
9. Fees and Payment
9.1. After the end of the Trial Period, We will charge You a regular fee in advance for using the One8 Trion Service, as provided to You when You subscribe for the One8 Trion Service (the “Fee“).
9.2. When Your Trial Period ends You will need to start a subscription to continue using the One8 Trion Service. When You start a subscription You will need to select the length of Your initial subscription (the “Subscription Period“). You authorise Us to charge the applicable Fee for the selected Subscription Period to the Apple App Store account (as defined below) or other Distribution Platform (as defined below) account linked to Your device. You confirm that You have the right to use the relevant account to make purchases on Your device.
9.3. Once Your initial Subscription Period expires, Your subscription will automatically renew for a further Subscription Period and We will charge You the applicable Fee for that Subscription Period. If You do not want to renew Your subscription, You will need to tell Us at least 24 (twenty-four) hours before the next Subscription Period begins through the appropriate settings on Your device, Apple App Store account or other Distribution Platform account.
9.4. All payments in respect of the One8 Trion Service shall be made to Us through the Website or One8 App. To the extent permitted by applicable law and subject to the Privacy Policy , You acknowledge and agree that We may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information. In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details“) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Website or the One8 App in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. We shall use the Payment Details as described in Our Privacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the One8 Trion Service. The payment receipt for completion of a transaction and the transaction summary shall be provided by the third-party payment gateway service provider(s) through which the payments are made. Except to the extent otherwise required by applicable law, We are not liable for any payments authorized through the One8 Trion Service using Your Payment Details. Particularly, We are not liable for any payments that do not complete because: (1) Your payment card or bank account or third-party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (2) You have not provided Us with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond Our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
10. Apple App Store Provisions
10.1. This paragraph 10 applies where the One8 App has been downloaded from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between You and One8 Trion, not Apple, Inc. (“Apple“) and that Apple has no responsibility for the One8 App or content thereof. Your use of the One8 App must comply with the App Store Terms of Service.
10.2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the One8 App. In the event of any failure of the One8 App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the One8 App to You; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the One8 App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions and any law applicable to One8 Trion as provider of the One8 App.
10.3. You acknowledge that Apple is not responsible for addressing any claims of You or any third party relating to the One8 App or Your possession and/or use of the One8 App, including, but not limited to: (i) product liability claims; (ii) any claim that the One8 App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and Conditions and any law applicable to One8 Trion as provider of the software.
10.4. You acknowledge that, in the event of any third-party claim that the One8 App or Your possession and use of that One8 App infringes that third-party’s intellectual property rights, One8 Trion (and not Apple), will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.
10.5. You represent and warrant that (i) You are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
10.6. You and One8 Trion acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Conditions as relates to Your licence of the One8 App, and that, upon Your acceptance of the terms and conditions of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as relates to Your licence of the One8 App against You as a third-party beneficiary thereof.
11. Other App Marketplaces and Platforms
11.1. This paragraph 11 applies where the One8 App has been downloaded from any app store or distribution platform other than the Apple App Store, including the Google Play Store (the “Distribution Platform“):
a) You acknowledge that these Terms and Conditions are between You and One8 Trion, and not with the provider of the Distribution Platform (“Store Provider“);
b) Your use of the One8 App must comply with the Store Provider’s then-current Distribution Platform Terms of Service;
c) the Store Provider is only a provider of the Distribution Platform where You obtained the One8 App;
d) One8 Trion (and not the Store Provider) is solely responsible for the One8 App;
e) the Store Provider has no obligation or liability to You with respect to the One8 App or these Terms and Conditions; and
f) You acknowledge and agree that the Store Provider is a third-party beneficiary to these Terms and Conditions as it relates to the One8 App.
12. Your Content
12.1. You confirm that any images, text or information that You upload to the One8 Trion Service (your “User Content“) will meet the Rules of Acceptable Use (as defined below).
12.2. We do not claim ownership of Your User Content, and ownership will remain with You and any third party whose content You include in Your User Content. Instead, You grant Us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the One8 Trion Service (including allowing users that You give access to any User Content to view and use Your User Content).
12.3. You must ensure that You are able to grant Us the above licence for any content owned by a third party that You include in Your User Content.
12.4. Our right to use Your User Content does not in any way affect Your privacy rights. Please see Our Privacy Policy https://www.one8.app/privacy-policy/ which provides information on how We use Your personal information.
12.5. We have the right to monitor any User Content and to reject, refuse or delete any User Content where We think that it breaks any of the Rules of Acceptable Use.
13. Rules of Acceptable Use
13.1. In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to Your use of the One8 Trion Service (the “Rules of Acceptable Use“).
13.2. When using the One8 Trion Service You must not:
a) circumvent, disable or otherwise interfere with any security related features of the One8 Trion Service;
b) give any false or misleading information, impersonate any person or permit any other person to use the One8 Trion Service under Your name or on Your behalf unless such person is authorised by You;
c) use the One8 Trion Service if We have suspended or banned You from using it;
d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
e) modify, interfere, intercept, disrupt or hack the One8 Trion Service;
f) misuse the One8 Trion Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of the One8 Trion Service or any user of the One8 Trion Service’s own equipment;
g) collect any data from the One8 Trion Service other than in accordance with these Terms and Conditions;
h) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
i) submit or contribute any User Content that You do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
j) use any User Content in violation of any licensing terms specified by the owner;
k) submit or contribute any information or commentary about another person without that person’s permission;
l) threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or
m) use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the One8 Trion Service in a manner that send more request messages to the One8 Trion Service than a human can reasonably produce in the same period of time.
13.3. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice):
a) immediate, temporary or permanent withdrawal of Your right to use the One8 App or any other portion of the One8 Trion Service;
b) immediate, temporary or permanent removal of any User Content;
c) issuing of a warning to You;
d) legal action against You including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
e) disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
13.4. The responses described in paragraph 13.3 are not limited, and We may take any other action We reasonably deem appropriate.
14. Notice and Takedown Policy
14.1. Any person may contact Us by sending Us a notice (an “Infringement Notice“) if any content available through the One8 Trion Service infringes their rights. The Infringement Notice should be sent by email to info@one8.app. Please provide the following information in the Infringement Notice:
a) Your name and contact details;
b) a statement explaining in sufficient detail why You consider that the content available through the One8 Trion Service infringes Your rights or fails to comply with our Rules of Acceptable Use; and
c) a link to or such other means of identifying the problematic content.
14.2. We will take the action that We believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to You within a reasonable period of time on the action We propose to take.
15. Ending Our relationship
15.1. To cancel Your Subscription please go to the subscription management page of Your app store, app marketplace or distribution platform account through which you started the subscription. You can delete Your Account via the settings on Your profile in the One8 App.
15.2. Deleting the One8 App might not close any Account You have created in relation to the One8 Trion Service. You must notify Us, using the cancellation procedure as set out in paragraph 15.1, if You wish to close Your Account, and We will end Your use of the One8 Trion Service and close Your Account at the end of the Subscription Period in which You notify Us that You would like to close Your Account and stop using the One8 Trion Service, provided that You tell Us at 24 (twenty-four) hours before the then current Subscription Period expires. You can also do this through the appropriate settings on Your device, Apple App Store account or other Distribution Platform account.
15.3. Without limitation to Our rights and remedies under paragraph 13.3, We may suspend or terminate Your use of the One8 Trion Service if You are in breach of the Rules of Acceptable Use, the terms of service or any other material and applicable rules for accessing and using the One8 Trion Service including these Terms and Conditions. We shall not be obliged to refund You any Fees already charged in respect of the Subscription Period during which Your use of the One8 Trion Service is suspended or terminated in this way.
15.4. If You or We end Your use of the One8 Trion Service or We withdraw One8 Trion Service as described in this section, We may delete Your User Content, any other information that You have uploaded to the One8 Trion Service or any other information We hold about You. You will also lose any rights You have to use the One8 Trion Service or to access Our content or Your User Content. You should therefore ensure that You keep a copy of any information or content You use on the One8 Trion Service, as well as Your User Content, as We will not offer You compensation for any losses You might suffer, if You lose Your rights to access and use the One8 Trion Service or any such information, content or User Content.
15.5. The termination of Your use of the One8 Trion Service and the cancellation of Your Account shall not affect any of Your obligations to pay any outstanding sums due to Us.
15.6. Termination under this paragraph 15 shall not affect any consumer rights You may have under the law of the country in which You are a resident.
16. Our Liability/Responsibility to You
16.1. While We will use Our reasonable endeavours to ensure that the One8 App and content thereon is of a reasonable standard and quality and matches any descriptions We have provided You, the One8 Trion Service is provided on an “as is” basis. Without limitation, the One8 App and any other portion of the One8 Trion Service may contain some content owned or developed by third parties and We do not accept any liability with respect thereto.
16.2. The One8 Trion Service is provided on an “as available” basis. This means that We are unable to promise that Your use of the One8 Trion Service will be uninterrupted, without delays, error-free or meet Your expectations and We do not give any commitment relating to the performance or availability of the One8 Trion Service in these Terms and Conditions and, to the extent We are able to do so, We exclude any commitments that may be implied by law.
16.3. In the event of a claim arising out of the provision of the One8 Trion Service, Our responsibility to You will never be more than the amount You have paid us in the 12 (twelve) months prior to the claim arising and, in the event that You have not paid Us any money, We shall have no responsibility whatsoever to You.
16.4. You accept that using any “as is” service, downloading third party service and accessing a service online contains inherent risks and judgment on Your part as to the acceptable level of risk involved. You shall be solely responsible for such consequences which may arise due to Your access and use of the One8 Trion Service.
16.5. You are responsible for Your own conduct including conducting illegal/fraudulent acts or non-conformity with these Terms and Condition and any policies in relation to the One8 Trion Service.
16.6. You agree to defend, indemnify and hold harmless Us, Our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the One8 Trion Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third-party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the One8 Trion Services has caused damage to a third-party.
16.7. In no event shall We be liable to You or any third-party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the One8 Trion Service or Content. The limitations and exclusions in this Clause apply to the maximum extent permitted by applicable laws.
17. Resolving Disputes
17.1. If You have a dispute with Us relating to the One8 Trion Service, in the first instance please contact Us at info@one8.app and attempt to resolve the dispute with Us informally.
17.2. In the unlikely event that We have not been able to resolve a dispute informally, We will discuss and agree with You the most effective way of resolving Our dispute.
18. Changes to the One8 Trion Service
18.1. We are constantly updating and improving the One8 Trion Service to try and find ways to provide You with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the One8 Trion Service.
18.2. In order to do this, We may need to update, reset, stop offering and/or supporting a particular part of the One8 Trion Service, or feature relating to the One8 Trion Service (“Changes to the One8 Trion Service“). These Changes to the One8 Trion Service may affect Your past activities on the One8 Trion Service, features that You use, Your User Content and any other information You submit to the One8 Trion Service (“Service Elements“). Any changes to the One8 Trion Service could involve Your Service Elements being deleted or reset.
18.3. You agree that a key characteristic of the One8 Trion Service is that changes to the One8 Trion Service will take place over time and this is an important basis on which We grant You access to the One8 Trion Service. Once We have made changes to any part of the One8 Trion Service, Your continued use of the One8 Trion Service will show that You have accepted any changes to the One8 Trion Service. You are always free to stop using the One8 Trion Service.
18.4. We may from time to time withdraw any part of the One8 Trion Service. In respect of any material withdrawal, We will give You reasonable notice that We plan to do this.
19. Changes to the Documents
19.1. We may revise these Terms and Conditions from time to time but the most current version will always be at https://www.one8.app/terms-and-conditions/ or in the relevant section of the One8 App.
19.2. Changes will usually occur because of new features being added to the One8 Trion Service, changes in the law or where We need to clarify our position on something.
19.3. Normally, We will try to give You some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens, We will not give You any notice.
20. Documents that apply to Our Relationship with You
20.1. The current version of these Terms and Conditions contains the only terms and conditions that apply to Our relationship with You.
20.2. We intend to rely on these Terms and Conditions as setting out the written terms of Our agreement with You for the provision of the One8 Trion Service. If part of these Terms and Conditions cannot be enforced then the remainder of these Terms and Conditions will still apply to Our relationship.
20.3. If You do not comply with these Terms and Conditions and We do not take action immediately, this does not mean We have given up any right We have and We may still take action in the future.
21. Law
21.1. English law will apply to all disputes and the interpretation of these Terms and Conditions. If We need to apply to court to enforce any part of these Terms and Conditions against You or resolve any other dispute between Us arising from or related to Your use of the One8 Trion Service, We will initially seek to apply to the English courts which shall have exclusive jurisdiction to hear disputes in respect hereof. This does not affect Your consumer or statutory rights under the law of the country in which You are resident.
22. Contact, Feedback and Complaints
22.1. If You need to contact Us in relation to these Terms and Conditions or any other document mentioned in them, please email Us at info@one8.app.
22.2. We value hearing from Our users, and are always interested in learning about ways We can improve the One8 Trion Service. By providing Your feedback You agree that You are giving up any rights, You have in Your feedback so that We may use and allow others to use it without any restriction and without any payment to You.
23. General Provisions
23.1. Notice: All notices from Us will be served by email to Your registered email address.
23.2. Assignment: You cannot assign or otherwise transfer these Terms and Conditions, or any rights granted hereunder to any third-party. Our rights under these Terms and Conditions are freely transferable by Us to any third-party without the requirement of seeking Your consent.
23.3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect.
23.4. Waiver: Any failure by Us to enforce or exercise any provision of these Terms and Conditions, or any related right, shall not constitute a waiver by Us of that provision or right.
We provide these Terms and Conditions, so that You are aware of the terms that apply to Your use or access of the One8 Trion Service. You acknowledge that, We have given You a reasonable opportunity to review these Terms and Conditions and that You have read, understood and unconditionally agreed to them.