Effective as of January 1, 2025
Introduction The Lift Smart Service Your Use of the Lift Smart Service Content and Intellectual Property Rights Problems and Disputes About These TermsPlease read these Terms of Use ("Terms") carefully as they govern your use of (which includes access to) the Lift Smart platform and its services for coaching and training management, including all websites and software applications that incorporate or link to these Terms (collectively, the "Service") and any training programs, exercise data, progress tracking, or other materials that are made available through the Service ("Content").
Any references to the entity "Lift Smart" in these Terms shall be understood to refer to Lewis Walker (creator of Lift Smart), or any company or organization that may gain ownership of the Lift Smart platform and its associated services at any point in the future. Any references to 'we' or 'us' in these Terms shall be understood to refer to Lewis Walker, or any such future company that may gain ownership of the product and its associated services.
These Terms are a legally binding agreement between you and Lift Smart.
Use of the Service is subject to the Lift Smart Privacy Policy and additional terms and conditions presented by Lift Smart, all of which are made part of these Terms by this reference.
By signing up for, or otherwise using, the Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Service or access any Content. You also agree not to access the Service through any account that is not your own or to share your account credentials with others.
By signing up for, or otherwise using, the Service, if you are creating an account as an individual (not a business) residing in the United Kingdom, you also agree to waive your statutory 14-day cooling-off period to gain immediate access to Lift Smart.
By using the Service, you affirm that you are 18 years or older to enter into these terms, or, if you are not, that you are 13 years or older and have obtained parental or guardian consent to enter into these terms.
Additionally, in order to use the Service and access any Content, you represent that: you reside in the United Kingdom, and any registration and account information that you submit to Lift Smart is true, accurate, and complete. Any misrepresentation of your personal information including location is considered a breach of these Terms, and you will be held responsible for any legal fees and costs incurred as a result of such misrepresentation.
We use reasonable efforts to keep the Service operational and to provide you with a high-quality experience. However, Lift Smart reserves the right to change our Service offerings and their availability from time to time, without notice or liability to you. For example:
If you have prepaid fees directly to Lift Smart for a Paid Subscription that we permanently discontinue prior to the end of your Prepaid Period (as that term is defined in the "Payments and Cancellations" section below), Lift Smart will refund you the prorated portion of the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.
Lift Smart has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other Lift Smart Service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
The Lift Smart Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Lift Smart does not guarantee that Third-Party Applications and Devices will be compatible with the Lift Smart Service.
You may need to create a Lift Smart account to use all or part of the Service. Your login credentials (email and password) are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify us immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal or commercial use of the Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Lift Smart. You agree that you will not redistribute or transfer the Service or the Content to any third party.
Commercial use of the Service and Content is permitted only by coaches, personal trainers, gym instructors, or similar professional fitness instructors for the purpose of administering and managing their clients' training. Any re-distribution, reproduction, or unauthorized commercial use of the Service or Content, including but not limited to reselling, sharing, or sublicensing, is strictly prohibited.
The Lift Smart software applications and the Content are licensed, not sold or transferred to you, and Lift Smart and its licensors retain ownership of all copies of the Lift Smart software applications and Content even after installation on your Devices.
The Lift Smart Service and the Content are the property of Lift Smart or Lift Smart's licensors. All Lift Smart trademarks, service marks, trade names, logos, domain names, and any other features of the Lift Smart brand ("Lift Smart Brand Features") are the sole property of Lift Smart or its licensors. These Terms do not grant you any rights to use any Lift Smart Brand Features whether for commercial or non-commercial use.
You agree to use the Service, the Content, or any part thereof in compliance with these Terms and only in a manner expressly permitted by these Terms.
You may purchase a Paid Subscription directly from Lift Smart or through a third party either by:
All payments and subscriptions to Lift Smart are quoted in British Pounds as a base currency. Where the Service is paid for in another currency, the exact amount will vary depending on the exchange rate at the time of billing or recurring payment(s)
If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the Service in addition to these Terms. Please contact the third party regarding any refunds or to manage your subscription.
Lift Smart may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Prepaid Period (for periods not yet paid), and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
With the exception of Paid Subscriptions for a Prepaid Period, your payment to Lift Smart or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. You may cancel your subscription from your Account Settings page, or by cancelling your Direct Debit mandate with your bank. The cancellation will take effect immediately, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
Lift Smart offers Paid Subscriptions with with flexible pricing ("Flexible Subscriptions") based on user needs, and Fixed Subscriptions with a single price and access level for all users.
If you make changes to your Subscription, including changes to a Flexible Subscription, or changing between a Flexible Subscription and a Fixed Subscription and vice versa, an additional prorated payment may be required to cover the remainder of the current Prepaid Period. If the new Subscription amount is lower than the existing amount, no payment will be required, and no refunds will be issued for the remainder of the Prepaid Period under the previous Subscription. In the event of changes to your Subscription, the features and Content available to your account will be adjusted immediately, even if there is time remaining on a Prepaid Period at a higher recurring cost.
Lift Smart may offer a limited Trial Period during which a free account may temporarily receive access to paid aspects of the Content. To start a Trial Period, you must set up billing for a Subscription, which will take the first payment upon expiration of the Trial Period. Cancellation of the Subscription or related Direct Debit mandates during the Trial Period will result in your access to paid Content being irrevocably suspended.
Lift Smart will offer a limited Beta Tester Coach subscription for a heavily discounted monthly fee upon public release of the app, for a restricted set of users. By creating a Beta Tester Subscription, you agree that:
If you establish a Lift Smart account on behalf of a company, organization, entity, or brand ( "Brand," and such account a "Brand Account"), the terms "you" and "your," as used throughout these Terms (including other Lift Smart terms and conditions incorporated by reference herein), apply to both you and the Brand.
If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable Lift Smart terms and conditions) and to bind the Brand to these Terms.
All aspects of the Content and the Service, including but not limited to software features, functionality, text, graphics, and logos, are the exclusive property of Lift Smart and are protected by applicable intellectual property laws.
Users are strictly prohibited from accessing or using the Service, through accounts created by themselves or on their behalf, for the purpose of copying, replicating (functionally or otherwise), or developing a competing product or service, or reproducing features provided by Lift Smart in a competing product or service. Any such activities are considered a violation of these Terms and may result in immediate termination of access and legal action.
Lift Smart users may post, upload, or otherwise contribute content to the Lift Smart Service ("User Content"). For the avoidance of doubt, User Content includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Lift Smart Service by users. This includes training data, profile images, brand images, usernames, and other such Content.
You are solely responsible for all User Content that you post.
You promise that, with respect to any User Content you post on Lift Smart, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by Lift Smart pursuant to the license granted below, does not: (i) violate these Terms, including the Lift Smart User Guidelines, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by Lift Smart or any other individual or entity without the prior express written consent from Lift Smart or such individual or entity.
In posting or sharing User Content or other information on the Service, please keep in mind that content and other information may be publicly accessible, and may be used and re-shared by others on the Service and across the web, so please use caution in posting or sharing on the Service, and be mindful of your account settings. Lift Smart is not responsible for what you or others post or share on the Service.
Lift Smart may, but has no obligation to, monitor or review User Content. Lift Smart reserves the right to remove or disable access to any User Content for any or no reason. Lift Smart may take these actions without prior notification to you.
You retain ownership of your User Content when you post it to the Service. However, in order for us to make your User Content available on the Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to Lift Smart a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Lift Smart Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
If you provide ideas, suggestions, or other feedback in connection with your use of the Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Lift Smart without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
You also grant to us the right (1) to allow the Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.
By using the Lift Smart Service, you acknowledge and agree that your data, including personal information, training data, exercise logs, and any other User Content, may be stored and processed by Lift Smart in the United Kingdom and/or within the European Economic Area (EEA).
Your data may be processed to:
Lift Smart takes reasonable technical and organizational measures to protect your data. However, no system is completely secure, and you use the Service at your own risk.
If you access the Service from outside the UK or EEA, you consent to the transfer, storage, and processing of your information in jurisdictions that may have different data protection rules than your country of residence.
These Terms will continue to apply to you until terminated by either you or Lift Smart. Lift Smart may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Service at any time if we believe you have breached any of these Terms, if we stop providing the Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or Lift Smart terminate these Terms, or if we suspend your access to the Service, you agree that Lift Smart shall have no liability or responsibility to you, and (except as expressly provided in these Terms) Lift Smart will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the Service.
The following sections shall survive termination: Sections 2 (The Lift Smart Service), 3 (Your Use of the Lift Smart Service) (except as set forth therein), 4 (Content and Intellectual Property Rights), 6 (Problems and Disputes), 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
The service is provided "as is" and "as available," without any warranties of any kind, whether express, implied, or statutory. Further, Lift Smart and all owners of the content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Lift Smart nor any owner of content warrants that the Lift Smart service or content is free of malware or other harmful components. In addition, Lift Smart makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any product or service advertised, promoted or offered by a third party on or through the Lift Smart service or any hyperlinked website, and Lift Smart is not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from Lift Smart shall create any warranty on behalf of Lift Smart. While using the Lift Smart service, you may have access to explicit content filtering features, but use of these features may still result in some explicit content being served and you should not rely on such features to filter all explicit content. This section applies to the fullest extent permitted by applicable law.
You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Lift Smart service is to uninstall any Lift Smart software and to stop using the Lift Smart service. You agree that Lift Smart has no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with the Lift Smart service, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to Lift Smart, for any problems or dissatisfaction with any third-party applications or the content thereof, is to uninstall or stop using such third-party applications.
To the fullest extent permitted by applicable law, in no event will Lift Smart, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Lift Smart service, devices, third-party applications, or third-party application content, regardless of legal theory, without regard to whether Lift Smart has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the Lift Smart service, third-party applications, or third-party application content more than the greater of (a) the amounts paid by you to Lift Smart during the twelve months prior to the first claim; or (b) £30.00.
For clarification, these Terms do not limit Lift Smart's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.
To the fullest extent permitted by applicable law, any claim arising under these terms must be commenced (by filing a demand or filing an individual action as specified under the arbitration agreement below) within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, (1) these Terms are not intended to grant rights to anyone except you and Lift Smart; and (2) in no event shall these Terms create any third-party beneficiary rights.
You agree to indemnify and hold Lift Smart harmless from and against all damages, losses, and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional Lift Smart terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Lift Smart Service; and (4) your violation of any law or the rights of a third party.
These Terms and any dispute, claim, and/or controversy that in any way relates to or arises in connection with these Terms or your relationship with Lift Smart as a user of the Lift Smart Service ("Dispute") are governed by and shall be construed in accordance with the laws of the United Kingdom. Further, you and Lift Smart agree to the exclusive jurisdiction of the state courts located in the United Kingdom to resolve any Dispute.
To the fullest extent permitted by applicable law, the parties agree to waive any right to a jury trial.
Under applicable law, you may have certain rights that can't be limited by a contract. These Terms are in no way intended to restrict those rights.
We may make changes to these Terms (including any additional Lift Smart terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable Lift Smart Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other prominent notice within the Lift Smart Service, or other means). Your use of the Lift Smart Service following any changes to these Terms will constitute your acceptance of such changes. Users with Subscriptions who do not wish to continue using the Lift Smart Service under the updated Terms must close their Lift Smart account prior to their renewal date or thirty (30) days after the Effective Date, whichever occurs first.
Other than as stated in this section or as explicitly agreed upon in writing between you and Lift Smart, these Terms constitute all the terms and conditions agreed upon between you and Lift Smart and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of the Lift Smart Service are incorporated herein by reference, including the following terms and conditions:
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Lift Smart or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Lift Smart's or the applicable third-party beneficiary's right to do so.
Lift Smart may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to any third party.