Terms and conditions

BRAWN App terms of Service

HIGHLIGHTED INFORMATION

You should always consult a competent professional (Doctor, physio, fitness trainer, etc.) before you start a new workout or a new exercise:

Not every workout and exercise is suitable for everyone.

Working out can cause injuries or other medical problems.

You always have to be aware of your physical and medical condition (included pregnancy, breastfeeding, etc.) and you have to choose your training accordingly with the help of your competent professional. Should you feel any discomfort or pain, stop exercising and consult with a medical expert.

Do not use the “Services” which may include the website, app, user generated content, workouts and exercises provided by BRAWN if you are under the age of 18.

BRAWN offers Services on the iPhone app and on www.BRAWN.com website (Services), which are provided "AS IS" and "AS AVAILABLE" with all faults and without warranty of any kind. You acknowledge and agree that use of the BRAWN app and website and any associated content is only at your sole risk.

You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the services at your sole risk and that the BRAWN developer, and BRAWN team or subcontractors shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

You agree that any Services containing proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.

THIRD-PARTY CONTENT

Certain Services may display, include or make available content, opinion, data, information, photo, applications or materials from third parties (user generated contents or other contents) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that BRAWN developer, and BRAWN team or subcontractors are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third party information or web sites. BRAWN does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, third party information, content or web sites, or for any other materials, products, or services of third parties. Third party information and links to other web sites are provided solely as a convenience to you.

You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that BRAWN developer, and BRAWN team or subcontractors are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.

NO WARRANTY: you expressly acknowledge and agree that use of the BRAWN app and website and all Services is AT YOUR SOLE RISK and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the BRAWN app and website and any services performed or provided by BRAWN app and website (Services) are provided "AS IS" and “AS AVAILABLE”, with all faults and without warranty of any kind, and BRAWN developer, and BRAWN team or subcontractors hereby disclaim all warranties and conditions with respect to The BRAWN application and website and any Services, either express, implied or statutory, including, but not limited to the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. BRAWN developer, and BRAWN team or subcontractors do not warrant against interference with your enjoyment of the BRAWN, that the functions contained in, or Services performed or provided by the BRAWN will meet your requirements, that the operation of the BRAWN or Services will be uninterrupted or error-free, or that defects in the BRAWN app, website or services will be corrected. No oral or written information or advice given by BRAWN developer or its authorised representative shall create a warranty.

AGE RESTRICTIONS.

You must be 18 years or older to use the Services, workouts and exercises provided by BRAWN or the users of BRAWN. By using the BRAWN Services, app and website you represent and warrant that you are 18 or older.

CHANGES

BRAWN reserves the right to modify the Terms of use at any time. You always agree with the actual Terms of use by using our website or BRAWN app, so it is your responsibility to check this agreement periodically.

MEDICAL AGREEMENT

The Services of BRAWN app and website provide no professional medical services or advices. We also do not provide personal fitness or training advices.

The events, workouts, exercises and related information and recommendations provided by BRAWN are for informational purposes only and do not aim to substitute for your medical and fitness provider. Always consult a competent professional (Doctor, physio, fitness trainer, etc.) before you start a new workout, or a new exercise. Never start training or exercising against your professional’s advice. You agree that, before using the Services you shall consult your professional adviser, particularly if you are at risk for problems resulting from exercise (even when you are pregnant, breastfeeding or lactating). Members and participants are always responsible for their own health.

By using BRAWN Services, app and website you certify that you have received consent from your professional adviser to participate in the workouts, and exercises provided by BRAWN or users of BRAWN. You understand and agree that all your training activities using our Services may have inherent, implicit and / or expressed risks of bodily injury or death and / or property damage.

Under no circumstances shall BRAWN developer, team or subcontractor be liable for personal injury, health problems, or any incidental, special, indirect or consequential damages whatsoever, including without limitation, damages for loss of profits, loss of business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use BRAWN Services, app and website, and the provided trainings or exercises. If you engage in any workout or exercise you receive or download through BRAWN app, you agree that you do so at your own risk, and are voluntarily participating in these activities.

USER GENERATED CONTENT

The BRAWN app, workout and exercise database contains information entered directly by BRAWN team (BRAWN database), and entered by others (user database): you might create or receive exercises and workouts created by you or other persons (your friend, trainer, etc.) and in any languages. Any BRAWN app user can add workouts, exercises, and training information to the BRAWN database, as well as edit, translate, republish any workouts and exercises, including any exercise, workout, provided by BRAWN. Please be advised that workouts and exercise information in your database can't be reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. BRAWN does not guarantee the accuracy, completeness or usefulness of any workout, exercise, training information in BRAWN database and user database, or adopt, endorse or accept responsibility for the accuracy or reliability of any such training information. Under no circumstances will BRAWN be responsible for any loss or damage resulting from your reliance on workout and exercise information.

You are solely responsible for ensuring that any training information in the BRAWN database is accurate, complete and useful. Workout and exercise information and images in the BRAWN database may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of BRAWN.

YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE, APPLICATIONS AND SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.

You are responsible for all activity and content (data, graphics, photos, links) that is uploaded or created while using BRAWN. You agree to use the Services only for the purposes that are permitted by these Terms of Service, and any applicable law, regulation or generally accepted practices and guidelines in the relevant jurisdictions.

You grant BRAWN a non-exclusive, non-revocable, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you.

SMALL GROUP PERSONAL TRAINING

Please note that Small Group Personal Training (SGPT) sessions are booked directly with the personal trainer via the Brawn App and associated payment services and are not associated with a gym in any way.  Any SGPT session booked is at the user’s risk and is not the responsibility of the gym.

INFORMATION PROVIDED BY USERS

BRAWN users have the option to add photographs (as part of their exercises), and other information (such as exercise description, performance data) and other database inputs and share these with others. They might seem as BRAWN content. BRAWN does not, and cannot investigate information contained these databases, workouts, exercises. BRAWN does not represent, warrant or guarantee the currency or accuracy of shared data, and disclaims all responsibility and liability for any information provided by users.

Any content that you and other users share or otherwise make available on or through the BRAWN app or website, except content created by BRAWN, its subsidiaries business partners, shall be deemed "User Generated Content", including communications, materials, information, data, notes, links to websites, text information, photos, videos, designs, graphics, and any other content, including modified or reused BRAWN workouts and exercises.

All User Generated Content will be considered non-confidential and non-exclusive. With sharing your data you grant to users of BRAWN a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you. Provided, however, that such use shall be conducted with due respect to your privacy as described in the Privacy Policy.

LIABILITY

By downloading BRAWN application and using BRAWN website you hereby agree to accept these terms and conditions and further agree to indemnify and hold harmless BRAWN developer, its subcontractors, employees from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of the BRAWN website and app.

YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA

YOU AGREE THAT YOUR USE OF THE WEBSITE, APPLICATIONS AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD BRAWN OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITE, APPLICATIONS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

For information about BRAWN data protection, please read our Privacy Policy.

TERMINATION

BRAWN reserves the right to change, discontinue and / or terminate any and all Services at any time without notice. BRAWN also reserves the right to block Users from certain IP addresses or Device numbers and prevent access to the Services.