Last Updated: Feb 05, 2025
Welcome to W8M8, an AI-powered fitness application developed by W8M8 LTD ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of the W8M8 application ("App"). By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree with these Terms, you may not use W8M8. We reserve the right to modify these Terms at any time, and your continued use of W8M8 constitutes acceptance of such modifications.
You acknowledge that these Terms are concluded between W8M8 LTD and you, the End-User, and not with Apple Inc. ("Apple"). W8M8 LTD is solely responsible for the App and its content. These Terms do not provide for usage rules that conflict with the Apple Media Services Terms and Conditions (which you acknowledge you have had the opportunity to review).
W8M8 LTD grants you a limited, non-transferable, non-exclusive license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license allows you to access and use the App for personal, non-commercial purposes only. The App may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Except as provided by Family Sharing or volume purchasing, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the App. If you sell or transfer your Apple device to a third party, you must remove the App before doing so.
Except as permitted by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, or any part thereof.
W8M8 is not a medical device, and any fitness routines, exercises, or recommendations provided through the App are for informational purposes only. Always consult with a qualified healthcare professional before starting any new exercise or nutrition program. Your use of W8M8 is at your own risk, and W8M8 LTD will not be held responsible for any injuries, health conditions, or damages arising from the use or misuse of the App.
License to Use: When you download W8M8, you are granted a personal, non-transferable, and non-exclusive right to access and use the App in accordance with these Terms. Personal trainers (PTs) may use W8M8 for professional purposes, such as managing client interactions and schedules, provided they comply with these Terms and any applicable guidelines set forth by W8M8 LTD.
Acceptable Use: By using W8M8, you agree to interact responsibly with the App and its services. This means avoiding activities that disrupt functionality, violate laws, or infringe on the rights of others. Prohibited activities include introducing harmful code (e.g., malware), harassing others, or attempting unauthorized access to accounts or systems. PTs must also use the App in a manner consistent with professional conduct and applicable regulations.
Account Creation: To access features of W8M8, you need to create an account. Please provide accurate and complete information during registration to ensure a smooth experience. Accounts with false or misleading details may be suspended or terminated to maintain the integrity of the platform.
Account Security: You are responsible for safeguarding your account credentials and ensuring their confidentiality. If you suspect unauthorized access, notify W8M8 LTD immediately. While we implement robust security measures, we cannot be held liable for damages resulting from compromised credentials.
Types of Content: W8M8 offers a mix of content, including AI-generated workout routines, curated exercises with accompanying media (e.g., images or GIFs), user-submitted exercises, and text-based suggestions. Please note that some AI-generated content may not include visual elements and should be used at your discretion.
Ownership and License: User-generated content, such as workout logs, custom exercises, or comments, remains your property. By submitting content, you grant W8M8 LTD a worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, publish, translate, and distribute your content solely for the purpose of operating, enhancing, and promoting the App. This license does not transfer ownership and ensures your content is used respectfully.
Pro Subscription: Unlock the full potential of W8M8 with a Pro subscription, which is a auto-renewing subscription, unless cancelled. Pro users enjoy unlimited AI-generated workout routines, advanced progress tracking, and access to exclusive features. Subscription fees, billing cycles, and renewal terms will be clearly disclosed during purchase, ensuring transparency.
Tokens: Some advanced AI features require tokens, which you can purchase separately. Tokens allow you to access specific features on demand and enhance your W8M8 experience. They are non-refundable, non-transferable, and cannot be exchanged for cash or other compensation. Tokens are valid only within the W8M8 platform.
Free Users: As a free user, you can log workouts and track basic progress. Your data is securely stored, so if you choose to upgrade to Pro, you’ll gain access to enhanced analytics and premium features seamlessly, without losing any of your logged information.
W8M8 LTD is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation to furnish any maintenance or support services for the App.
W8M8 LTD is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of W8M8 LTD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. W8M8 LTD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
You acknowledge that W8M8 LTD, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the App or your possession and/or use of the App, including but not limited to:
You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, W8M8 LTD, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that:
You must comply with applicable third-party terms of agreement when using the App, such as your wireless data service agreement.
You and W8M8 LTD acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
W8M8 LTD values your privacy and is committed to complying with applicable data protection laws, including the General Data Protection Regulation (GDPR). For full details on how we handle your data, please review our Privacy Policy.
You agree that W8M8 LTD may collect and use technical data and related information—including, but not limited to, information about your device, system, and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the App. W8M8 LTD may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
By W8M8 LTD: We reserve the right to suspend or terminate your account at any time, with or without prior notice, if you violate these Terms, engage in unlawful activities, or disrupt the functionality of W8M8.
By Users: You may terminate your account at any time through your account settings or by contacting us directly. Upon termination, your personal data and associated information will be permanently deleted from our systems unless retention is required by applicable law.
To the fullest extent permitted by law, W8M8 LTD and its affiliates, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your use of or inability to use W8M8. In no event shall W8M8 LTD’s total liability exceed the amount of fifty dollars (USD $50.00) or the purchase price of the App, whichever is greater.
These Terms and any disputes or claims arising out of or in connection with them shall be governed by and construed in accordance with the laws of the jurisdiction where W8M8 LTD is established.
If you are a citizen of any European Union country, Switzerland, Norway, or Iceland, the governing law and forum for any dispute shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
If you have any questions, concerns, or feedback about these Terms or W8M8, please contact us at:
Address: 3 Goodrich Road, Cheltenham, GL52 5FT
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
The App and related documentation are "Commercial Items," as defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.