• Fraud,
• Negligence
• Personal injury or
• Death.

Rights and Responsibilities of the User

The User is responsible for filling in the requested personal information completely and accurately, and updating the aforementioned information if necessary. Submission of incomplete and inaccurate personal information is the User's responsibility. By using the Application, the User represents and warrants on each use that such personal information is accurate and up to date and bears all responsibility for the accuracy of that information. The User commits that they are at least 13 years of age. In case the User is under 13 years of age, they may not under any circumstances or for any reason use the Application. Those Users aged 13 years or above but below 18 years of age shall be considered as having received the explicit consent of their parents or legal guardians to use the Application and their parents enter into the Contract on their behalf.

The User declares and accepts that the contents, videos, exercises and information related to all fitness, nutrition and sports programs prepared by the Application are for informative purposes only, and that the use of the aforementioned programs is solely under the User's responsibility. This Application has been prepared assuming that the User is in normal health and medical condition, thus the content is not customized to the User. Before using the Application, the User must consult a doctor or physician in relation to any medical problems he or she may have. The User should stop using the Application immediately if the User feels any illness or other effects, whether relating to the use of the Application or not. It is advised that the User should not practice these programs if there is any possibility of severe medical condition developing or being exacerbated. If the User has any questions about their health, they should always consult a physician or other healthcare professional.

The Application's advice is created by taking into consideration the research and scientific data compiled by the World Health Organization for individuals with similar profiles and via a special algorithm (software) that has been developed.

EqueSoul Fitness does not provide any diagnosis or treatment for medical conditions.

The User declares and accepts that none of the programs can take the place of any diet or exercise prescribed by a doctor and that practicing any and all fitness, nutrition and sports programs within the programs is at the User's sole discretion and responsibility.

The Company shall not be liable in any way, as related to the program selected and practiced by the User to the fullest extent permitted by law. It is strongly recommended that the Users apply the programs with care and in using the Application, the User agrees to exercise reasonable judgement, care and skill.

The User may at any time request the deletion of personal information kept by the Company. The Company may always send the User notifications. Both during the term of the contract and after its termination, the User is deemed to have given approval for all commercial electronic messages with marketing and advertisement purposes to be sent by the Company, its affiliates or third-party business partners, and accepts that without prior authorization he or she may be sent messages with information, marketing and/or commercial purposes via other means of communication such as automatic calling systems, facsimile, electronic mail or short message. The User may transmit his or her request to exit this system to the Company via e-mail to info@teameques.com The User's data may be anonymized and separately analyzed, and may become subject to research and be used for both the User's sake and/or for scientific and statistical studies.

The User's data shall be kept for a period of one year as of the deletion of the application for the purpose of facilitating the re-subscription of the User. EqueSoul Fitness asks for User's consent, or in the case of minors, their parent or guardian's consent for health-related human subject research. EqueSoul Fitness analyses and interprets visitor behaviors and preferences as customers use the Application. This purely statistical information, which does not include any personal information, may be shared with EqueSoul Fitness partners to provide a customized experience for the benefit of EqueSoul Fitness Users.

To the extent permitted by law, EqueSoul Fitness may disclose User information when required by law or court order, or by government or law enforcement authorities or regulatory agencies.

The information provided by the User can only be changed following a request by that User.

A consumer is any natural person who concludes a legal transaction for purposes that are not attributable to either their commercial or their independent professional occupation.

The following right of withdrawal is only applicable to consumers. The User has the right to withdraw from the Application any time since the Application is uploaded by the User over the Internet and can be deleted from the mobile device instantly.

EqueSoul Fitness may terminate the license to use the Application granted by these terms at any time at its sole discretion, whether the User has breached these terms or not.

EqueSoul Fitness makes no guarantee as to the availability of the Application, although EqueSoul Fitness uses its reasonable endeavours to ensure that the Application is available.

The General Terms and Conditions of App Store or Google Play Store shall be applied to the right to withdraw from the in-application purchases conducted accordingly. The Company reserves the right to charge or not refund the payments for any purchased services by the User.

The Application is free of charge; separate approval shall be obtained for the sales prices, including all taxes, for in-application purchasing. The User hereby declares and accepts that the Company may unilaterally alter the Application price, in-application prices, campaigns and packages at any time, and that the User shall regularly check the update and application information related to the alterations. For the cash paid memberships; the User accepts that such memberships shall not be cancelled and there shall not be refunds for the campaign memberships. The User also accepts that the cash paid campaign memberships shall be valid until the date of expiration.

Paid Services: Certain services of the Company may be subject to payments now or in the future (the “Paid Services”). Any payment terms presented to the User in the process of using or signing up for a Paid Service are deemed part of this Agreement.

Billing: The Company uses a third-party payment processor (the “Payment Processor”) to bill Users through a payment account (“Billing Account”) for use of the Paid Services.

The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. The Company is not responsible for any error by the Payment Processor. By choosing to use Paid Services, the User agrees to pay the Company, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms that are set out alongside the Paid Service in the Application or on the Website, and authorizes the Company, through the Payment Processor, to charge the User's chosen payment provider (“Payment Method”). The User agrees to make payment using that selected Payment Method each billing cycle of the

Paid Service. The Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Payment Method: The terms of the User's payment will be based on their Payment Method and may be determined by agreements between them and the financial institution, credit card issuer or other provider of their chosen Payment Method. In case the Company, through the Payment Processor, does not receive payment from the User, the User agrees to pay all amounts due on their Billing Account upon the first demand.

Recurring Billing: Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by the User. By choosing a recurring payment plan, the User acknowledges that such Services have an initial and recurring payment feature and accepts responsibility for all recurring charges prior to cancellation. The Company may submit periodic charges (e.g., monthly) without further authorization from the User, until the User provides prior notice (receipt of which is confirmed by the Company) that they have terminated this authorization or wish to change their payment method. Such notice will not affect charges submitted before the Company reasonably could act. To terminate this authorization or change payment method, go to Apple Store or Play Store subscription page depending on the purchase.

Current Information Required: The User must provide current, complete and accurate information for their billing account. They must promptly update all information to keep their billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and they must promptly notify the Company or its payment processor if their payment method is canceled (e.g., for loss or theft) or if they become aware of a potential breach of security, such as the unauthorized disclosure or use of their user name or password. Changes to such information can be made at Apple Store or Play Store security page depending on your purchase if the User fails to provide any of the aforementioned information, they agree that the Company may continue charging them for any use of paid services under their billing account unless the User has terminated their paid services as set forth above.

Change in Amount Authorized: If the amount to be charged to the User's Billing Account varies from the amount preauthorized by them (other than due to the imposition or change in the amount of state sales taxes), the User has the right to receive, and the Company shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement the User has with their payment provider will govern their use of their Payment Method. The User agrees that the Company may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Reaffirmation of Authorization: The User's non-termination or continued use of a Paid Service reaffirms that the Company is authorized to charge the User's Payment Method for that Paid Service.

The Company may submit those charges for payment and the User will be responsible for such charges. This does not waive the Company's right to seek payment directly from the User. The User's charges may be payable in advance, in arrears, per usage, or as otherwise described when they initially selected to use the Paid Service. Free Trials and Other Promotions:

• Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial.
• The User must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service.
• If the User cancels prior to the end of the trial period and is inadvertently charged for a Paid Service, they should contact the Company at info@teameques.com.

Users must not access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same) any part of the Application or its security measures, any servers, other equipment or networks connected to the Application or on which it is stored or any software used in the provision of the Application, including in each case by transmitting worms, computer, viruses, malware, logic bombs, Trojan horses, denial of service attacks, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature (“Viruses”). Users may not inject content or code or otherwise alter or interfere with the way any part of the

Application is rendered or displayed on a User's browser or device. You must not access the Application via a means not authorised by EqueSoul Fitness, including but not limited to automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technology which are used by search engines with EqueSoul Fitness's express consent).

Users agree not to change, modify, adapt or alter the Application or change, modify adapt or alter any other website so as to inaccurately imply an association with EqueSoul Fitness or the Application.

The Application may provide User with social features. If User participates in social features of the Application, any data shared by the User while doing so shall be deemed as public information. User is responsible for any information shared by using the social features of the Application.

The Company reserves the right to monitor your interactions in the social features of the Application. You accept not to share inappropriate content, harass other Users, share spam messages, and violate intellectual property rights while using the social features of the Application. If the Company determines, you are violating these guidelines, the Company reserves the right to take any action, including but not limited to, removing your content, limiting your access to social features or the Application as a whole, and taking legal action against you.

The Company shall not be held responsible for any inappropriate or objectionable user-generated content you may encounter while using the social features. If you believe any user-generated content to be so, please contact company support. The Company shall not be liable for any false information shared in the social features of the Application, and any injury or harm that may happen as a result.

EqueSoul Fitness expressly reserves all rights in and to the Application and your use of the Application is subject to the following restrictions, You must not:

• remove any copyright or other proprietary notices contained in the Application or any content stored in it;
• use any Application content in any way that may infringe the rights of EqueSoul Fitness's rights or the rights of any third party;
• reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the Application or any content contained within it in any way, including for any commercial purpose, without EqueSoul Fitness's prior written consent.

The User accepts and declares that by submitting user content through the services he or she shall grant the Company a worldwide, perpetual, unlimited and fully paid license to use such information.

Through the services, the User may purchase certain goods or additional features or Applications designed to enhance the performance of the services.

Any kind of dispute occurring or arising from this Contract shall be settled in accordance with English Law

Last Updated: August 10, 2023

We may collect information about your computer or device, including where available your IP address, operating system and browser type, for system administration and to analyse aggregate information. Information about our use of cookies can be found in our Cookies

Policy. For example, we use Google Analytics to understand how users are using our website so that we can improve it.

We take the security and disclosure of personal information very seriously and as such we will not sell, trade, rent or otherwise provide personal information sent to us via the Service to any third parties save as set out above.

We are mindful of the importance of upholding the security of information under our control. All data collected through our website that is stored electronically, is stored on secure servers, and we have stringent security and confidentiality procedures covering the storage and disclosure of such information, in accordance with UK data protection law.

We endeavour to take all reasonable steps to protect the privacy of your personal information. However, we cannot guarantee the security of any personal information you disclose on-line. You accept the inherent security risks of providing information and transacting over the Internet, and will not hold us responsible for any breach of security, unless this is due to our negligence or willful default.

Some websites that have links to and from our website or app from time to time may collect personal information about you when you access or utilise those links. We do not control the collection or use of such information, and the practices of those websites are not covered by this Privacy Policy.

Some websites that have links to and from our website from time to time may also use their own cookies. We have no access to, or control over these cookies, and you are advised to check the cookie policies on such other websites or to amend your website browser's settings with respect to cookies accordingly.

If you visit a website that has been linked to from our website, you should review the privacy and cookies policies of that website or service in order to understand how that website or service is using any personal information that they have collected.

By using our Service, you agree to indemnify and hold harmless EqueSoul Fitness from and against any and all losses, claims, damages, costs and expenses including reasonable legal and accounting fees that we may become obliged to pay, arising or resulting from your use of our website, the content, or your breach of this Privacy Policy and the Terms of Use of which they are a part.

EqueSoul Fitness reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below [NR1] to find out more about these rights:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Right to withdraw consent.

  If you wish to exercise any of the rights set out above, please contact us. No fee usually required. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).

  However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

  What we may need from you? We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

  Time limit to respond. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  If you have any questions about our processing of personal information, or the rights set out in these Privacy Policies and how to exercise them you can write to:

  The Data Protection Officer EqueSoul Fitness Limited 167-169 Great Portland Street, London, England, W1W 5PF or at info@teameques.com.

  WHO ARE WE? COLLECTION AND USE OF PERSONAL INFORMATION Personal data is collected by us when you sign up for an account to use our Service, when you contact us through a contact form or send us an email. If, in that email or any attachment to the email, you voluntarily provide us with personally identifiable information about yourself, such as your name, email, address or telephone number, we will collect and store that personal information. By signing up to an account, or by using the contact form, you consent to us doing so.

  CONTROL AND PROCESSING OF PERSONAL INFORMATION We process personal data on behalf of our customers, who use our Service to gather information about an application made to them. However, when we EqueSoul Fitness, do this we do so as a Data Controller under UK and EU data protection law. This means that we may make independent decisions about how personal information is processed in order to provide the Services to our users and customers. For example, we may store your personal information in our user database, and on our servers, accounting, credit card processing and customer relationship management software in order to record and process your personal data so as to be able to provide you with the Service that you have subscribed for or purchased from us.

  SHARING OF PERSONAL INFORMATION It is necessary for the operation of our service for you or us to disclose your personal information to:

  • our third party suppliers whose products and services we use to deliver the Service;
  • any third party, such as Apple or Google, that you authorise to have access to your sensitive personal data via the Service;
  • employees and agents, and any current or future group companies and their employees and agents, for the purpose of communicating with you AND
  • anyone who may purchase any or all of our assets, including your personal information (we will contact you using the details you provide if there is any change in the person controlling your information). As a result of us disclosing your personal information to any of the parties mentioned above, you consent to your personal information being held by us and additionally by the parties mentioned above for the purposes of providing the Service. We will not disclose your personal information to anyone other than those parties set out within this Privacy Policy without your consent unless the law requires us to do so.

  IP ADDRESSES AND COOKIES

  SECURITY OF PERSONAL INFORMATION

  OTHER WEBSITES

  INDEMNITY

  YOUR LEGAL RIGHTS

  GLOSSARY LAWFUL BASIS

• Legitimate Interest

  means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

• Performance of Contract

  means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

• Comply with a legal or regulatory obligation

  means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

• YOUR LEGAL RIGHTS

  You have the right to:

  Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

  Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

  Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request.

  Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information, which override your rights and freedoms.

  Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

  Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

  Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

• EQUESoul FITNESS – HOW WE CONTACT CUSTOMERS AND OTHERS

  This page provides information about how we use and share personal data relating to our customer contacts and their representatives.

  WHAT DO WE USE CUSTOMER PERSONAL DATA FOR? This section explains the purposes for which we use personal data about our customer contacts and their representatives. Marketing We use personal data for marketing purposes. This includes informing you about products and services that we think may be of interest to you and providing you with related materials such as news items and blog posts. We would contact you for marketing purposes by email, telephone or post with your consent and would stop any such communication upon your request. You might also be contacted through any channel for other purposes – for example, as part of our ordinary relationship management activity and as necessary to deliver the Service. Relationship management We use personal data for relationship management purposes. Relationship management is the ongoing maintenance of our relationship with our customers. This could include activities such as letting you know about product changes or planned maintenance activity, contacting you with billing enquiries, dealing with your enquiries, or asking you for feedback or about what sorts of products, services you want us to develop. Providing services Sometimes we might need to use your personal data to provide you with information, services and facilities that you have asked for. For example, if you ask us for more information about one of our apps or ask for assistance.

  Monitoring and improving our Service We may use information such as how different people navigate around our mobile apps and websites, how long they spend on particular pages, how and when they interact with our Service, whether they download any of our content or watch videos in order to help improve the user experience of our Service offerings and your experience of them. WHAT ARE OUR LEGAL GROUNDS FOR HANDLING PERSONAL DATA? Generally speaking, we rely on your consent to make contact with you by email for marketing purposes. You can withdraw that consent and ask us to delete your information at any time by contacting us directly via info@teameques.com – please see section 6 below.

  In relation to sensitive personal information, such as health information that you share with us or our employees or agents via our Service, we process this sensitive personal information only with your explicit consent. By providing that information in the course of using our Service, you are consenting to us doing so explicitly. You may revoke that consent at any time using the features made available to you in the Service.

  The United Kingdom’s data protection law also allows the use of personal data where the benefits (or “legitimate interests”) of doing so outweigh the possible negative implications for the relevant individuals. These are the grounds on which we usually rely when we use your information for anything other than making contact with you by email for marketing purposes with your consent.

  In some circumstances, we may have other grounds to process personal data for example: Necessary for performance of a contract with the relevant individual, or to take steps for entering into a contract. For example, if you sign up to one of our products or services online or download our app, it will often be necessary for us to use your details in order to provide that product or service and you must consent to our use of your details to the extent required to provide that product or service in order to use that product or service. Necessary in order to comply with a legal obligation. For example, some regulators, government bodies and courts have powers to order us to provide personal information and, like any other organisation, we sometimes have to comply with their requests and we whilst we may make commercially reasonable efforts to defend personal information from unjustified regulatory or governmental access, we cannot make any guarantee about the extent to which we are able to do so. WHO DO WE SHARE THE INFORMATION WITH? Your personal data may be shared between the employees and agents of EqueSoul Fitness Limited and any of its group companies to allow them to perform their job functions and current or future members of EqueSoul Fitness Limited’s group companies and their employees and agents. We also provide your information to third parties who help us use it to deliver the service. For example: We use Heroku, Google, and Netlify to host our servers. We use analytics providers including Google Analytics, Heroku, and Netlify. We also use the credit card payment processing services provided by Stripe and Revolut for taking subscription and other payments through our website. We use the authentication provider, Auth0. We use mailing and communication providers to send personalised emails and push messages. These services include Gmail.

  We use JW Player and MuseAI to stream our videos. We use remarketing and conversion tracking tools provided by Google AdWords, Facebook Pixel, please see our cookies policy for more information about these. Our database and user information is collected through MongoDB and of personal data may be hosted by, but not accessible to, third parties on our behalf. These service providers will not be allowed to use your information for their own purposes or on behalf of other organisations and we have taken contractual and operational steps to protect any personal data shared for these purposes with third parties.

  WHERE IN THE WORLD IS THE INFORMATION SENT? We are based in the United Kingdom, and will normally access and use your information from here. However, we also have operations in the United States and personal data may be accessed from there too. In both cases, the use of the information in those locations is protected by European data protection standards.

  In providing the Service to you, we may transfer your personal data outside of the UK and EU. By using the Service you consent to our doing so. When we do so we ensure that we have adequate contractual and procedural measures in place to protect any such transfers of personal data outside the UK and EU.

  FOR HOW LONG IS THE INFORMATION RETAINED? We will normally retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. You can request us to delete it any time as explained in your legal rights. EqueSoul Fitness – HOW YOUR ONLINE AND LOGIN DATA IS HANDLED This section sets out the Privacy Policy, which applies to the health data we obtain about you in delivering our Service. It explains what security measures we have in place, how we store log-in credentials and what personal information we collect from users of our software.

  SECURITY We maintain our servers in a highly secure server environment with 24 X 7 monitoring, surveillance and support to prevent unauthorized access and data security. Advanced security measures including firewalls, security guards and surveillance are taken to ensure the continued service and protection of our services from natural disaster, intruders and disruptive events. PASSWORDS AND LOGIN CREDENTIALS Your passwords and other login credentials may pass through CatalystXL servers or those of its service provider partners such as MongoDB, Heroku, Google, and Netlify, in addition to the authentication provider, Auth0. When you enter this confidential information, it goes straight to the secure website. Neither EqueSoul Fitness’s employees nor any of its contractors or service provider partners can obtain or access your passwords or other login credentials entered by you. We will also never ask you for your passwords or other login credentials via mail, email or telephone or in any other unsolicited manner and you should not give them out to someone claiming to be from EqueSoul Fitness who is asking for them.

  INFORMATION WE COLLECT Our Service collects, encrypts and securely transfers confidential, personal information. By accessing the Service and entering information required from time to time to complete a form on our website or in our Service customers consent to EqueSoul Fitness providing this service to service provider partners, such as Heroku, MongoDB, Google, Netlify, and Auth0.

  We collect and log aggregate user statistics and website traffic. Such information includes traffic statistics, date and time of visits, device and browser type used to access the service, frequency of visits, etc. We use this information to improve the services delivered to our customers, to track and diagnose software performance problems and to administer our website. We may disclose such aggregated user statistics in order to describe our services to prospective partners, investors, affiliates and other third parties for lawful purposes. Other than as required by your service provider and agreed by you or as disclosed in this Privacy Policy, at no time will EqueSoul Fitness disclose identifiable personal information to any third parties without your express, written consent unless we are compelled or required to do so by law.

  If you have any further questions about our Privacy Policies, email us at info@teameques.com. COOKIES POLICY This section provides information about how we use cookies on our website at www.equeSoulfitness.com.