Terms & Conditions

Please read these terms of use (“terms”) fully and carefully before using the services, features, content and/or applications made available to you by 12sixteen limited (“us”, “we” or “our”) via our mobile application(s) (“application(s)”) and/or our website located at www.12sixteen.com (“website”) (collectively the “services”). These terms are the legally binding terms and conditions for your use of our services.

By using our services, you are consenting to the terms and conditions set forth in these terms. Accordingly, on each occasion you access and/or use our services, you are agreeing to the these terms. We reserve the right to amend these terms from time to time. Any amendments will be posted via our applications(s) and website. Please review these terms regularly to ensure you are aware of any amendments made by us. Your continued use of services is subject such amended terms. You should also save and/or print out a copy of these terms for future reference. If you do not agree with these terms, please do not access and/or use the services.

Our services provide our users with guidance and information on how to improve their fitness, health and nutrition. Whilst your health is very important to us, you are on notice that we are not a medical organization. Accordingly, you should always consult your doctor or other healthcare professional about your general well being and medical condition. You should consult your doctor or other healthcare professional before beginning a new fitness or nutritional program. Our recommended workout plans and exercises, even if they are tailored to individual users, should not be misconstrued as medical advice, diagnoses or treatment. The use of any information or programs provided via the services is solely at your own risk. We do not guarantee any exercise, health, weight loss or fitness results or improvements to the users of our services. Accordingly, by using our services, you confirm that you are solely responsible for your state of health.

Note: the online platform is currently at a beta-stage, i.e. certain functions may not work properly and there exists a higher probability for errors and problems to occur. Following completion of the beta-stage or a significant enhancement, amended terms will enter into force.

1. ELIGIBILITY.
We may, in Our sole discretion, refuse to offer Services to any person or entity and change Our eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to You. Accordingly, any and all access to the Services are deemed revoked where these Terms (including Your access and use of Our Services) are prohibited or to the extent offering, sale or provision of Our Services conflicts with any applicable law, rule or regulation. Furthermore, the Services are offered only for Your use, and not for the use or benefit of any third party.

2. REGISTRATION.
(a) To sign up for Our Services, You are required to register for a Services account (“Your Account”) through a third party application such as Twitter or Facebook (“Third Party Application”) or otherwise registering for Our Services via Our Application(s) or Website.  When registering, You must provide accurate and complete information and keep Your Account information updated at all times. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of Your account. As a general matter, You agree that You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than You without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on Your Account, and for keeping Your Account password secure. You may never use another person’s user account or registration information for Our Services without permission. You must notify us immediately of any change in Your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of Your Account. You should never publish, distribute or post login information for Your Account. We reserve the right to refuse registration of, or cancel Your Account in Our sole discretion. You shall have the ability to delete Your Account through a request made Us by sending an email to unsubscribe@12sixteen.com.

(b) By accessing Our Services using a Third Party Application, You permit Us to access certain information from Your profile on such Third Party Application for use by Our Services.  You may be able to control the amount of information that is accessible to Us by adjusting Your account privacy settings on the Third Party Application.  By using our Services, You are authorizing us to collect, store, retain, and use indefinitely, in accordance with our Privacy Policy, any and all information that You permitted the Third Party Application to provide to Us. Furthermore, You acknowledge and agree that as a result of any transmission of data from Your smartphone to Our Application(s) and/or Services, certain costs of the mobile carrier will be incurred that have to be borne by You. We have no responsibility whatsoever for any such costs.

4.  USE OF THE SERVICE.  
(a) By accessing and using Our Services, You represent and warrant that You are healthy enough to perform strenuous exercise. Accordingly, by registering for Your Account and on each occasion You use and access Our Services, You represent and warrant that Your doctor or other healthcare professional has specifically approved Your use of Our Services, and that all of the following statements are true and accurate.

• No doctor or other healthcare professional has ever informed You that You have a heart condition or that You should only do physical activities recommended by a doctor or other healthcare professional;
• You have never felt chest pain when engaging in physical activity;
• You have not experienced chest pain when not engaged in physical activity at any time within the past six (6) months;
• You have never lost Your balance due to dizziness and You have never lost consciousness;
• You do not have a bone or joint problem that could be made worse by a change in Your physical activity;
• Your doctor or other healthcare professional is not currently prescribing drugs for Your blood pressure or heart condition;
• You do not have a history of high blood pressure, and no one in Your immediate family has a history of high blood pressure or heart problems;
• You do not have a condition of high-cholesterol, diabetes, obesity or arthritis;
• You are not pregnant, breastfeeding or lactating;
• You do not know of any other reason You should not exercise; and
• Your doctor or other healthcare professional has specifically approved Your use of the Services.

(b) You acknowledge and agree that You will IMMEDITELY discontinue exercise in cases where it causes pain or severe discomfort, and will consult a doctor or other healthcare professional prior to returning to exercise in such cases. We reserve the right to deny You access to the Services for any reason or no reason, including if We determine, in Our sole discretion, that You have certain medical conditions.

(c) You acknowledge and agree that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing and using Our Services, You further acknowledge and agree that Your performance of any and all exercises or activities recommended by Our Services is wholly at Your own risk. We shall not be liable whatsoever for any physical or mental injury or illness that may result, whether directly or indirectly, from any of Our recommended workout plans or exercises. While We may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, You assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage You to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if You are new to any of the forms of training or activity You seek to perform.

5. YOUR CONDUCT.  
(a) You warrant and represent that You shall not use Our Services for any purpose that is prohibited by these Terms or applicable laws, rules and regulations. You are solely responsible for all of Your activity in connection with Our Services.

(b) You warrant and represent that You shall not (and shall not permit any third party to): (i) to upload, download, post, submit or otherwise distribute or facilitate distribution of any information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features (“Content”) via Our Services: (ii) interfere or attempt to interfere with the proper working of Our Services or any activities conducted by Our Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures We may use to prevent or restrict access to Our Services (or other accounts, computer systems or networks connected to Our Services); (iv) run any form of auto-responder or “spam” on Our Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of Our Application(s) or Our Website; or (vi) harvest or scrape any Content from Our Services; and/or (vii) otherwise take any action in violation of Our guidelines and policies.

(c) You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Our Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of Our Services; (iii) copy, rent, lease, distribute, use Our Services for timesharing or service bureau purposes or otherwise transfer any of the rights that you receive hereunder; or (iv) remove or obscure any proprietary notices on Our Services. You shall abide by all applicable local, state, national and international laws and regulations.

(d) We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.

(e) Our Services may contain Content specifically provided by Us, Our partners and/or Our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through Our Services.

(f) Our Application(s) and/or Website may contain links to third party websites and/or a Third Party Application. If You decide to visit any third party websites and/or a Third Party Application, You do so at Your own risk. We are not responsible whatsoever  for the content, accuracy or opinions expressed on such third party websites and/or Third Party Application. Links do not imply that We are affiliated or associated with such third party websites and/or Third Party Application. We are not responsible for and assume no liability whatsoever for such content or Your access and use of any third party websites and/or Third Party Application.

7. TRADE MARKS/ INTELLECTUAL PROPERTY.
We expressly reserve all rights in and to the domain name of Our Website. Our trade marks and all other related service marks, trading names or other trademarks relating to Our Services are owned or licensed by Us and may not be used without Our express prior written consent. Other trademarks, products and company names mentioned via Our Services may be trademarks of their respective owners or licensors and the rights in such marks are expressly reserved to the respective owners or licensors. The intellectual property rights in Our Application(s), Website and Service(s) are and will remain Our property or that of Our licensors.

8. DISCLAIMER.
OUR APPLICATION(S), WEBSITE AND SERVICE(S) ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE APPLICATION(S), WEBSITE AND SERVICE(S) WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APPLICATION(S), WEBSITE AND SERVICE(S) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING OUR APPLICATION(S), WEBSITE AND SERVICE(S) WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE APPLICATION(S), WEBSITE AND SERVICE(S) IS SOLELY AT YOUR OWN RISK. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU WHATSOEVER FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE; OR (II) ANY LOST PROFITS, LOST SAVINGS,  INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA, LOSS OF PROGRAMS; RELATED TO OR ARISING FROM OUR APPLICATIONS(S), WEBSITE OR ANY USE OF OUR SERVICES, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH OUR APPLICATIONS(S) AND/OR WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

10. GOVERNING LAW.
These Terms shall be subject to the laws of England and Wales. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the English courts.

11. MISCELLANEOUS.

(a) These Terms are the entire agreement between You and Us with respect to Our Application(s), Website and Service(s) and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Us with respect to Our Application(s), Website and Service(s). If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

(b) We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

(c) These Terms are personal to You, and are not assignable, transferable or sublicensable by You except with Oour prior written consent. We may assign, transfer or delegate any of Our rights and obligations hereunder without consent.

(d) No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

(e) Unless otherwise specified in these Term of Use, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent info@12sixteen.com.

(f) Our failure to enforce any part of these Terms shall not constitute a waiver of Our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, We must provide you with written notice of such waiver through one of our authorized representatives.