We are Lattice Training Limited, the creators of the Lattice Training App (referred to below as the ‘app’). We are a company registered in England and Wales, and our trading address is Unit 11 Clarence Industrial Estate, Eastside Road, Chesterfield, S41 9AT, UK.
You must be at least 13 years old to use the app.
By downloading the app, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy before you download and use the app. Only download the app if you have read the rules and agree to them.
If you do not agree to these terms, we will not allow you to use the app and you should not download it.
Please note that in addition to these terms you must also agree to separate terms of service relating to the coaching/training service you are receiving from us on the app. You will be provided with an opportunity to agree to separate terms that will become part of our agreement with you. For instance, if you are receiving a Performance Coaching Plan, you must agree to our terms of service for assessments and training plans. To the extent that any separate terms conflict with these terms, the separate terms shall govern to the extent of the conflict.In this agreement, references to the ‘App Store’ means Apple’s App Store, and we refer to the rules contained in the Apple Media Services Terms and Conditions as the ‘App Store rules’.
This Agreement
This agreement is made between us you and us. Apple is not a party to this agreement and has no responsibility for the app or its content.
We license you to download the app onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Store Rules. The licence:
- is only for you personally and for devices that you own or control (except in the situations described in clause 1.3) and it cannot be transferred to any one else;
- is not for business use;
- starts when you download the app; and
- covers content, materials, or services accessible from, or bought in, the app including all of our support resources. It also covers updates to the app unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
The app can be accessed, used and downloaded by other accounts that are associated with you through family sharing in accordance with the App Store rules.
You must comply with the App Store rules as well as this agreement but, if there is any conflict between them, you should follow the App Store rules rather than the equivalent rule here.
You do not own the app or any of its contents but you may use it as permitted by this agreement and by the App Store rules.
If you sell or give away the device on which you have downloaded the app, you must first remove the app from the device.
You are not allowed to:
- modify the app’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
- deliberately attempt to avoid or manipulate any security features included in the app; or
- pretend that the app is your own or make it available for others to download or use (including by way of copying the code of the app and creating an independent version).
Technical Requirements
To use the app your device needs to comply with the following minimum requirements (the app may work with earlier operating system versions but we do not support these devices):
- Operating system: iOS 12 or higher
- Space: 200 MB
We may decide at our sole discretion at any time in the future to discontinue supporting any of these operating systems.
You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply while you use the app. Data and messaging charges may apply to your use of the app or any text messaging or photo sharing features you use via the app. You accept responsibility for any such charges that arise.
We are responsible for customer service in relation to the app and can help you if you are having any issues. You acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the app, although if the app is faulty, you may be able to claim a refund from them — please see clause 11.1).
If you need to get in touch with us, you can use any of the following methods:
If we need to get in touch with you, we will do so by email or an in-app notification.
Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.
We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
User Content and Acceptable Use
- You must not use the app to do any of the following things:
- break the law or encourage any unlawful activity;
- send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
- infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
- transmit any harmful software code such as viruses;
- try to gain unauthorised access to computers, data, systems, accounts or networks; or
- deliberately disrupt the operation of anyone’s website, app, server or business.
- The app may allow you to post, upload, transmit, or otherwise make available and provide (“post”) content on the app, including, without limitation, text, images, illustrations, graphics, workout and other data, audio, video or audio-video clips, or other materials. The content you and other users post is referred to as “User Content” in these terms. The User Content that you post is referred to as “Content” or “your Content” in these terms.
- You may not post Content on or through the app that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone except yourself;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
- includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of thirteen (13), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or contains a virus or other harmful component.
- You are responsible for all Content you post to the app. We have the right to remove from the app any User Content that violates these terms or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the app at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the app by any person, please contact us via email at [email protected]
- We do not claim ownership rights in your Content. Subject to the non-exclusive license contained in the following paragraph, you own and will retain any and all intellectual property rights that you may have in your Content.
- By posting your Content on or through the app, you hereby grant us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, and create derivative works based on your Content. This is solely for the purposes of providing and improving our products and services, and all your Content will be handled in accordance with our Privacy Policy. You consent to our use and disclosure of your Content as set forth in these terms, including our Privacy Policy. You may contact us to request that your Content be removed from the app and further details can be found in our Privacy Policy.
- If you terminate your services with us, you may (subject to keeping your password confidential at all times) retain limited access to some parts of the app after termination which includes previous training plans and sessions, messages with your coach, and your logged training data. The provisions of these terms will continue to apply to that access, to the extent applicable. Please note that you are entitled by law to request us to delete your personal data at any time.
Intellectual Property Rights
If any third party claims that the app or your possession and use of the app infringes their intellectual property rights, we (and not Apple) will be responsible for investigating the claim and, where appropriate, for defending, settling and/or discharging it.
Updates to the App
We may update the app from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the app still meets the description of it that was provided to you at the time you downloaded the app.
Updates will either download automatically or you may need to trigger them yourself, depending on your device and its settings.
We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the app may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the app updated to the latest version that we make available.
Changes to this Agreement
We may need to revise this agreement from time to time to reflect changes in the app’s functionality, to deal with a security threat or if there is a change in the law or guidance.
You will be notified of any material changes in advance and your continued use of the app will act as your consent to any such changes. If you do not wish to accept the changes, please do not continue to use the app.
External Services
The app may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
You must not use external services in any way that:
- is inconsistent with these terms or with the terms of the external service; or
- infringes our intellectual property rights, or the intellectual property rights of any third party.
From time to time, we may change or remove the external services that are made available through the app.
Refunds and Recovering Losses
If the app fails to meet the standards required by law (including that the app is of satisfactory quality, fit for purpose and as described), please contact Apple who will provide you with a full refund of the price you paid for the app. Please note that this is entirely separate to your refund rights in relation to any training or coaching services which you receive from us and which are hosted on the app. Please see our cancellation and termination policy on our website for further information. Any other claims, losses, liabilities, damages, costs or expenses will be our sole responsibility, including claims:
that relate to product liability;
- that the app fails to conform to any applicable legal or regulatory requirement; and
- arising under consumer protection, privacy, or similar legislation, including in connection with the app’s use of the HealthKit and HomeKit frameworks.
Apple has no other responsibility or obligation in relation to the app beyond providing a refund in the circumstances described in clause 11.1.
If we breach this contract or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
If the app damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.
Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
Failures of Networks or Hardware
The app relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the App Store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the app due to a poor internet connection, faulty components in your device (such as a faulty camera), App Store failure or anything else that it would not be reasonable to expect us to control.
Ending this Agreement
We can end this agreement if you do not comply with any part of it.
We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users (including our employees or staff), interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
The consequences of the agreement ending are as follows:
- you are no longer allowed to use the app and we may remotely limit your access to it;
- you must delete it from any devices that it has been installed on;
- we may delete or suspend access to any accounts that you hold with us; and
- you are not entitled to a refund.
Prohibited Territories and Persons
You represent and warrant that you are not:
- located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and
- on any US Government list of prohibited or restricted parties.
If either of the situations in this clause apply to you, you are not permitted to download and use this app.
Entire Agreement
These terms make up the entire agreement between you and us regarding your use of the app. They supersede any prior agreements.
Some of the services that we offer which you may access via the app are also governed by separate terms of service. If you use any of these services, you will be provided with an opportunity to agree to separate terms that will become part of our agreement with you. For instance, if you are receiving a Performance Coaching Plan, you must agree to our terms of service for assessments and training plans. To the extent that any separate terms conflict with these terms, the separate terms shall govern to the extent of the conflict.
If any portion of these terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these terms, it will not be considered a waiver. Any amendment to or waiver of these terms must be made in writing and signed by us.
Third Parties
Apple and Apple’s subsidiary companies are third party beneficiaries of this agreement. This means that if you breach any of its terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.
Other than Apple and Apple’s subsidiaries, no one other than us or you has any right to enforce any term of this agreement.
Transferring this Agreement
We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
Governing Law and Jurisdiction
The laws of England and Wales apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.
Any disputes will be subject to the exclusive jurisdiction of the English and Welsh courts (except where you are a consumer living in Scotland or Northern Ireland).
