Terms and Conditions

The Gist

Beat Fitness Games offers free and purchasable apps, games and software service subscriptions designed to motivate you to exercise (the “Service”). You must be physically fit and well enough to exercise to use the Service and you are entirely responsible for ensuring your physical well-being before, during and after exercise whilst using the Service. You must also be 14 years of age or older. 

Our Service uses algorithms including Artificial Intelligence ("AI") software to analyse data we collect about you during exercise in order to tailor our Service to your physiology and your needs. The Service is delivered via our mobile apps, games and our website. 

You may create one account with us. If you choose to, it must faithfully represent you, you alone and no-one else. Only you may use your account.

When you use any of our apps or games, or create an account (whether free or paying) you become a customer of our Service. Our Service requires us to be able to communicate with you (obviously) and we may communicate via different channels. When you give us your email address (by registration, or using "social login" features), you give us permission to use it to send you emails as part of delivering the Service. Our emails may concern your account, your exercise or game play sessions, access to features, and anything else appropriate to help you exercise or motivate you to exercise. We can’t deliver this Service to you effectively without this permission, so please don’t create an account unless you are happy for us to contact you. That said, we classify emails and messages in different categories and you can unsubscribe from any or all classes of communication that you don’t want to receive; we will explain the impact of doing so for each class of communication. You can change your communication preferences at any time.

 

If you decide to upgrade to a Beat Fitness Games Premium subscription, you are responsible for properly cancelling your subscription, which you can conveniently do online at any time or by writing to us if you need help. If for any reason you are unhappy with your Beat Fitness Games subscription purchase, we offer a 7-day no quibble money-back guarantee for all new paying subscribers, so you can try out the Service without risk.

 

We claim no ownership rights over any content submitted or created by you during the use of your Beat Fitness Games account; any content that is yours remains yours and your responsibility. However, by posting content you grant us the right to use it, royalty-free, without attribution, forever, in any way.

 

If you break our terms or abuse the service we may block or ban you from using the Service, or even delete your account and data.

Terms of Service

Every use of the Service is subject to these terms. These Terms of Service form a contract between you and Beat Fitness Games Limited ("Beat Fitness Games", "Beat", "BFG", "The Company", "us", "we" or "our"). In these Terms of Use "information" is understood to mean: everything that is sent (uploaded) to the Service. 

Company details including contact details are at the end of this document.

If you use the Service you are agreeing to be bound by these Terms of Service which include those set forth in the Beat Fitness Games Privacy Policy.  If you don’t agree to these Terms of Service, you must not use the Service. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice and without any obligation to pay you any compensation for doing so.

Beat’s Service is designed for healthy adults:

Rules
  • You must be 14 years of age or older in order to use any Beat Fitness Games Service, or have the consent of a guardian who will take responsibility for your use of it.

  • You represent and warrant that you have no medical condition that would prevent safe use of the Service and that you are physically fit and well enough to exercise.

  • You agree to use the Service safely and responsibly and not to put yourself at risk of harm.

  • You agree to assume full responsibility for any risks, injuries or damage, known or unknown, which might occur as a result of you using the Service. Such injuries may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness, including death.

Your Account
  • Your account must be registered by a human (you) and represent you, and you alone. You mustn’t create more than one account or share your account with anyone else unless you have specific requirements to do so and we have agreed to you doing so in writing.

  • Accounts registered by "bots" or other automated methods are not permitted.

  • You must provide a valid, permanent email address, along with any other information required by Beat Fitness Games during the registration process. If you use Beat Fitness Games, you are responsible for maintaining the confidentiality of your Beat Fitness Games account and password and for restricting access to your computer; and you agree to accept responsibility for all activities that occur under your account or password.

  • You may not use the Beat Fitness Games Service for any illegal or unauthorized purpose. You must not, in the use of the Beat Fitness Games Service, violate any laws in your jurisdiction.

  • Beat Fitness Games reserves the right to refuse Service, terminate accounts, remove or edit content in its sole discretion.

Privacy and your data

In order to deliver the Service, we collect and process information about you. We don’t collect any financial information, such as credit card numbers as payments are handled by third party providers. You can see what data we store about you and how we use it in our Privacy Policy.

Payment & Refunds

Beat Fitness Games subscriptions and payments are handled by 3rd-party transaction handlers (Google, Apple, Stripe and Paypal). Our payment handlers store your debit or credit card details in an encrypted form.

 

Some parts of our Service, such as games, may incur one-off payments in advance, or in-app payments during usage.

 

Our Subscription Service is billed on a regular basis in advance in accordance with our pricing schedule. If you subscribe to this service you can cancel the auto renewal at any point (see below) and your Premium subscription will end at the end of your current term.

 

We will add VAT (sales tax) to subscription prices where we are obliged to do so.

Transferability

Premium subscriptions are not transferable to other people or accounts.

7-Day Money Back Guarantee

If you are a first-time customer and you are unhappy with the Premium Service, you may request a refund within seven days of payment and we will refund your Premium subscription fee in full. This guarantee is intended to allow you to try our Service risk-free.

 

If you have been a paying customer previously, or already tried our Premium Service for free, then we reserve the right to decide whether to refund you based on the reasons you give us for requesting a refund. We want happy customers and we take complaints and feedback very seriously, so if you have a reasonable claim, we’ll do our best to resolve your complaint to your satisfaction.

Cancellation

You alone are responsible for properly cancelling your subscription.

 

If you forget to cancel and your subscription renews, you may request a refund so long as you contact us within 7 days of the renewal and if you have not used the account since it renewed. We will not refund you if you leave it longer than 7 days or use your account after your subscription renews.

 

All provisions of this Agreement which by their nature should survive cancellation or termination shall survive cancellation or termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Spam Policy

Our ability to communicate with your is critical to us delivering our Service to you effectively and we take spam very seriously. We have a very strong anti-spam policy. We do our best to make our email policy completely transparent and easy to opt out from. We include unsubscribe and communication preferences links in every email we send and you agree to use those to keep us informed about which emails you are happy to receive from us.

Modifications to the Service, Terms and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Beat Fitness Games Service (or any part thereof) with or without notice. However, we will make our best effort to notify customers of any upcoming system maintenance and/or Service disruptions.

 

Prices of all Beat Fitness Games Service plans are subject to change. We may at our discretion allow you to continue paying the price you originally subscribed for. If we raise the price of your subscription, then we will give you adequate notice and any price changes will come into effect when your subscription next renews. Our usual cancellation policy applies.

 

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Beat Fitness Games Service.

 

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.

 

If any future changes to these Terms of Service are unacceptable to you, or cause you to no longer be in compliance with them, you must immediately stop using the Beat Fitness Games Service. Your continued use of the Beat Fitness Games Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Beat Fitness Games Service, including the release of new tools and resources, will be subject to these Terms of Service.

Intellectual Property and Content Ownership

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of Beat Fitness Games or its content suppliers and protected by British, European and international copyright laws. The compilation of all content on this Website is the exclusive property of Beat Fitness Games and protected by British, European and international copyright laws. All software used on this Website is the property of Beat Fitness Games or its software suppliers and protected by British, European and international copyright laws.

 

Other trademarks, Service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Beat Fitness Games or third-party trademarks.

 

We claim no ownership rights over the content submitted or created exclusively by you in your Beat Fitness Games account. Any content that is yours remains yours and your responsibility. These Terms of Service do grant us the right to display, use, re-use your submitted content and to provide the Beat Fitness Games Service to you and other users, royalty-free, and without attribution forever.

Product and Game Ideas

We love hearing your ideas about the Service and how it may be improved; we do our best to respond and facilitate good ideas as quickly as possible.  You may choose to or we may invite you to submit comments or ideas about current or future offerings from Beat Fitness Games, including without limitation, potential improvements to any Beat Fitness Games products or Service ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Beat Fitness Games under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

Publicity

You agree that Beat Fitness Games, at its sole discretion, may use any submitted content or testimonials in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website if you have provided one) for the purpose of advertising or publicising your use of Beat Fitness Games products or Services. If you mark your profile as private, then we will do our best to hide your details from public view but we do not guarantee to do so if you have posted information in public areas of the site.

Disclaimer

The Beat Fitness Games Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Beat Fitness Games is a distributor and not a publisher of the content supplied by third parties; as such, Beat Fitness Games exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Beat Fitness Games Service. Without limiting the foregoing, Beat Fitness Games specifically disclaims all warranties and representations in any content transmitted on or in connection with the Beat Fitness Games Service or on sites that may appear as links on the Beat Fitness Games Service, or in the products provided as a part of, or otherwise in connection with, the Beat Fitness Games Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Beat Fitness Games or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty.

 

Price and availability information is subject to change without notice. Without limiting the foregoing, Beat Fitness Games does not warrant that the Beat Fitness Games Service will be uninterrupted, uncorrupted, timely, or error-free.

The Company

Beat Fitness Games and its services  is owned and operated by Beat Fitness Games Limited, an English limited liability company. Our registered address is 125 Harbut Road, London, SW11 2RD. Please note our registered address is not a customer service address. If you have any questions about our terms, or have any other queries, please don't hesitate to contact us.

© 2019 Beat Fitness Games Ltd