Hexis Performance Terms & Conditions
Responsible for Policy: Michael Blakeley
Date Last Updated: April 2020
Welcome to Applied Behaviour Systems Ltd trading as Hexis Performance (“Hexis Performance” or “we”). At Hexis Performance we believe that food shouldn’t be confusing, which is why our app is designed to improve athlete’s performance through their nutrition, using bespoke carbohydrate coding, consultations with our coaches and carefully crafted recipes. Together we want to build a community of users working together to improve athletic performance.
ANNEX A These terms
These terms and conditions set out the manner on which Hexis Performance will do business via Hexis Performance App’s website and mobile application, to you, a user of the Hexis Performance App service.
Please read these terms carefully before you use our app. These terms tell you who we are, how we will provide our service to you and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
This agreement binds both those using Hexis Performance for their own fitness and nutritional wellbeing and coaches using Hexis Performance to provide coaching services and bespoke advice.
ANNEX B Information about us and how to contact us
We are Applied Behaviours Limited a company in England and Wales. Our company registration number is 11280825 and our registered office is at 20-22 Wenock Road, London, England N1 7GU. We trade as Hexis Performance and our product is named Hexis Performance App.
You can contact by writing to us at firstname.lastname@example.org or 20-22 Wenlock Road, London, England, N1 7GU.
If we have to contact you we will do so by writing to you at the email address, postal address or telephone number you provided to us.
ANNEX C Eligibility
To use our application, you must be at least 18. Nobody under 18 may use our app or provide any personal data to Hexis Performance, directly or indirectly. Personal data includes identifiable information such as your name, address, telephone number or email address.
ANNEX D Term
These Terms & Conditions shall remain in full force and effect while you use our App. You may stop using our service at any time, for any reason. Hexis Performance may terminate your membership at any time, without any warning. These Terms and Conditions will still apply even after a membership is terminated.
ANNEX E Licence to use Hexis Performance
Subject to the terms of this Agreement, Hexis Performance authorises you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to use our app downloaded from a legitimate third party app store, solely in object code format and solely for your personal use for lawful purposes.
Our app is for the personal use of our users and may not be used in connection with any commercial endeavour, unless approved by Hexis Performance. Unauthorised use of the App will result in the licence being revoked.
You shall not remove any copyright, trademark or other proprietary notices on our app or website. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Service, or any portion of the Service, is strictly prohibited without the prior written permission of Hexis Performance.
We retain the right to apply any changes to our application and website, at any time and with or without notice.
ANNEX F User Generated Content
Hexis Performance may enable you to post, upload, store, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content (User-Generated Content) to and via the Hexis Performance App.
When you provide User-Generated Content to Hexis Performance through the app, you grant Hexis Performance a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialise, create derivative works of, and otherwise exploit such User-Generated Content in connection with our app.
User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by Hexis Performance, and should not be relied on without independent verification.
Certain sports organisations have rules on amateurism and eligibility that could potentially be implicated if you post User-Generated Content within the app, even if you believe it is non-commercial in nature. It is your responsibility to determine whether posting such content within the services will affect your eligibility to participate in any sport under any applicable rules of any sports organisation. Hexis Performance will not be liable for any repercussions arising from disclosure made through the app which may breach sport organisations rules.
Following termination of your account, or if you remove any User-Generated Content from the Services, we may retain your User-Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Furthermore, Hexis Performance and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User-Generated Content that otherwise has been stored or shared through the Services.
Hexis Performance reserves the right to anonymise and retain user generated content and data (see further clause 11).
ANNEX G Community Guidelines
Our services are intended to create a safe supportive environment to encourage our users to meet their training and nutritional goals. Our service allows you to communicate with specialist coaches, to help you reach your goals. The following is a partial list of the kind of content that is prohibited on our services when communicating with others.
Inappropriate Content. Content that is deemed to be threatening, hurtful, abusive or humiliating. Derogatory references and personal attacks on others sex, age, gender, weight, body, disability, race, religion, or sexuality are not permitted.
Illegal content. It is not prohibited to promote fraudulent or illegal activity on our app.
Promotional or Commercial. Advertising to, or solicitation of, any user to buy or sell any products or services through the app is forbidden.
Promotion of Unsafe Weight Loss Techniques or Eating Disorders. Use of the Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted.
Promotion of doping, performance enhancing drug use and testing avoidance. Use of the service to promote, encourage, facilitate or glamorise such actions will not be permitted.
Deceptive or Fraudulent Content. Any content that is deemed misleading or fraudulent is prohibited. This includes links with deceptive descriptions, or links to pop up ads.
Harm to minors. Content that solicits personal information from anyone under 18 or harms minors in any way is forbidden.
Soliciting Personal Data. Do not post third party personal data, including photographs, telephone numbers, names, addresses, login details.
Intellectual Property Infringement. Content must not infringe copyright or violate any property rights, right of privacy, or publicity of any third party.
Impersonation of Hexis Performance. It is forbidden to post content that is likely to trick a person into misinterpreting your identity.
Other. Any content that contains anything that in our determination, is objectionable or inhibits another from enjoying our service, or that may expose Hexis Performance or our associated users and coaches to harm or liability in any kind, is prohibited.
If we conclude that you are violating these guidelines, we may take action. This includes, but is not limited to, terminating your right to use our service, taking legal action against you or disclosing information to the authorities.
You are solely responsible for your interactions with others on Hexis Performance. Hexis Performance reserves the right, but has no obligation, to monitor disputes between you and other users or coaches on Hexis Performance.
Whilst we do our best to keep our users safe and free of inappropriate content, we cannot guarantee that all users will comply with our Terms and Conditions. If you spot anything offensive that contradicts community guidelines before we have seen it, please get in touch and let us know.
We are not responsible or liable for any injury or harm to you resulting from objectionable User-Generated Content or another user’s failure to comply with our Community Guidelines.
ANNEX H Staying Safe
You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity, wellness or fitness program, or any dietary program or guidance. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services, and that you have consulted with your physician before making any dietary changes based upon information available through the Services.
We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Hexis Performance Service. If you engage in any exercise program you receive or learn about through the Hexis Performance Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Services.
You expressly agree that your athletic activities, which may generate the User-Generated Content you post or seek to post on or via the Services (e.g., running, walking, cycling, hiking) and certain Third-Party Activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities.
Not all users who may identify themselves as professional trainers or licensed dieticians are licensed in all applicable jurisdictions. Hexis Performance has no and assumes no obligation to verify that users who identify themselves as licensed trainers or dieticians are actually licensed. If you hold yourself out as a licensed trainer or dietician, you represent and warrant that you are actually licensed for the services you provide in the jurisdiction in which you offer your services. Users should also bear in mind that even if a user is a licensed trainer in one jurisdiction that does not mean the trainer user is licensed in the jurisdiction from which other users access the trainer user’s advice. Accordingly, relying on any advice provided by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will Hexis Performance be responsible or liable for any loss or damage resulting from your reliance on information or advice provided by any user of our Services.
Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages sustained from your physical activities or your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services (e.g., a Third-Party Activity such as a yoga class), even if caused in whole or part by the action, inaction or negligence of Hexis Performance or others.
ANNEX I Health & Wellbeing Guidance
Hexis Performance provides bespoke nutrition and training advice, intended to help users achieve their health and wellbeing goals. Hexis Performance cares about your safety and wellbeing but we are not a medical organisation, and thus cannot give you medical advice or diagnosis. Our app and the advice associated should not be taken as an alternative for medical consultation and/or treatment. Please use your common sense and judgement to ensure you stay responsible whilst achieving your goals.
The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. Please seek the advice of a Doctor/GP before beginning any new diet or training plan. Our app is intended for use only by healthy adults. It is not intended for use by minors, pregnant women, or individuals with any type of health condition.
Should you have any health related questions, please call or see your Doctor/GP or other healthcare provider. If you have an emergency, call your Doctor/GP or emergency services immediately.
ANNEX J Success Stories
Success stories posted by users of Hexis Performance on our Services may not represent typical or even accurate results obtained from any particular fitness activity or diet. To the extent permitted by applicable law, Hexis Performance has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any fitness activity or dietary recommendation contained in any user success stories.
ANNEX K Intellectual Property
All text, images, marks, logos, data, other content, software and materials used by Hexis Performance to operate the app are proprietary to us or to third parties. Hexis Performance reserves all rights, including intellectual property rights.
If you believe that Hexis Performance content infringes copyright or trademark under English or other national law, please contact us immediately using the details under clause 2.2.
The Coaches and Athletes hereby grants to Hexis Performance a non-exclusive, royalty-free, worldwide licence of its Intellectual Property Rights in the data produced by and through the app to the extent necessary to allow Hexis Performance to anonymise the data and aggregate it so as to perform data analytics on the Aggregated Data collected.
For clarity, anonymised data means data which has any personally identifiable characteristics removed, so that it does not contain any Personal Data and can no longer identify individuals.
ANNEX L Restrictions on Use
In addition to all other terms and conditions, users of Hexis Performance shall not:
- Copy, modify, adapt, translate or otherwise create derivative works of Hexis Performance;
- Use, redistribution, decompile, reverse engineer, disassemble, translate or otherwise attempt to exploit the source code and/or the intellectual property (outlined in clause 11) associated with Hexis Performance.
ANNEX M Mobile Services
To access and use our app, you will need a compatible device. We can’t guarantee that our application will be compatible with your device. Your standard data and messaging rates will apply, and the rules of the app store where you are downloading from, will also apply.
By downloading our application, you expressly agree we may correspond with through your device and certain information about your usage of the application may be communicated to us from your device automatically.
We will not send marketing messages to you without your express consent to do so. You can opt out at any time from receiving marketing messages from us.
ANNEX N App Stores
By downloading Hexis Performance from a third-party app store (the “App Store”), you shall acknowledge and agree:
These Terms and Conditions are an agreement between us, and not with the App Store;
The App Store has no duty to provide maintenance or support services for Hexis Performance App;
The App Store is not accountable for addressing any claims you have with regard to the application or your use of the application;
If a third party claims an application infringes another party’s intellectual property rights, as between the App Store and Hexis Performance, Hexis Performance will be responsible for the investigation, defence, settlement and discharge of any such claim to the extent required by these Terms;
The App Store and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the applications. Upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the applications against you as a third-party beneficiary thereof; and
You must also comply with all applicable third-party terms of service when using the applications.
ANNEX O Hexis Performance’s Rights
Hexis Performance reserves the right, but is not obligated to do any of the following:
- Record user content;
- Investigate allegations that user registration information does not conform with the Terms and Conditions
- Remove user registration information that is abusive, illegal or prohibited by the Terms and Conditions
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Hexis Performance service or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation or termination, we may delete or remove Your Content and other information related to your account.
ANNEX P Updates to the Terms
As Hexis Performance continues to develop and improve, changes may have to be made to these terms. Hexis Performance retains the right to modify these terms and conditions by
- Posting amended terms on our app and website; and/or
- Providing advance notice to you of changes, via email preferably or through our app and/or website.
In circumstances where we ask you to review and explicitly agree to or reject a revised version of the Terms and Conditions, modifications will be effective at the time of your agreement. If you do not agree at that time, you will not be permitted to use Hexis Performance.
In circumstances where we do not ask for explicit agreement to updated Terms, the new version will become effective at the date specified in the Terms. By choosing to continue using our service thereafter, constitutes your acceptance of the modified terms and conditions. You should discontinue your use of Hexis Performance if you do not agree to modifications.
ANNEX Q Warranties
Except where prohibited by law, Hexis Performance expressly disclaims all warranties, representations and guarantees of any kind, whether oral or written, express, implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible under the law. The services and all content are provided on an “as is” and “as available” with all faults basis.
ANNEX R Limitation of Liability
Whilst we aim to make our service as high quality as possible, we cannot promise it will be perfect all the time.
In no event shall Hexis Performance be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if Hexis Performance has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Hexis Performance’ liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Hexis Performance for the Hexis Performance services during the term of membership.
You are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of foods in our recipes. It is each user’s responsibility to check the list of ingredients of Hexis Performance recipes for potential allergens before handling, preparing, using or consuming. Hexis Performance accepts no liability for health issues from potential allergens arising from any of the ingredients outlined in our recipes.
ANNEX S Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold Hexis Performance, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of:
- The User-Generated Content you access or share through the Services;
- Your use of the app;
- Your athletic activities in connection with the App (including, but not limited to, athletic activities in connection with any contests, races, group activities, Third-Party Activities or other events that we may sponsor, organize, participate in, or where the Services are employed);
- Your connection to the app;
- Your violation of these Terms;
- Your use or misuse of any user’s personal data;
- Any violation of rights of any other person or entity by you;
- Your employment of the App to meet another user or to locate and attend any offline place or event.
ANNEX T How we may use your personal information
ANNEX U Governing Law and Disputes
These terms and conditions and any dispute about or involving Hexis Performance shall be governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.