End User License Agreement

Last Updated: 22/01/2025

(DESKTOP AND MOBILE DEVICES)

Please note: any translation of this document is for information purposes only. Only the English version is authentic.

PLEASE READ THESE LICENCE TERMS CAREFULLY BEFORE YOU DOWNLOAD MYOADAPT.

Welcome to MyoAdapt. MyoAdapt is a fitness training app that will create and adjust fitness programs for you, aiming to help you maximize fitness gains.

MyoAdapt is not a medical device or product. It is intended for informational and educational purposes only and should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always consult a healthcare professional before starting any fitness program. Aesop Research Ltd. and MyoAdapt are not liable for any injuries, health issues, or damages sustained while using the app or following any recommendations provided. Users assume full responsibility for their use of the product and should ensure they are in proper health and physical condition before engaging in any exercise program.

These terms tell you who we are, how we will provide MyoAdapt to you, how we may end the licence, what to do if there is a problem and other important information.

By clicking on the “accept” button, you agree to the terms of this licence that will bind you. If you do not agree to the terms of this licence, you should not download MyoAdapt or, if already downloaded, you should contact info@myoadapt.com

1. Who we are and what the agreement does

Hello! We are Aesop Research LTD and we are the owners and operators of MyoAdapt. MyoAdapt is a registered trademark of Aesop Research LTD.

Aesop Research LTD is registered in England and Wales under company number 13732968 and our registered office is at Enterprise House, Ocean Way, Southampton, England, SO14 3XB.

This licence agreement (“Licence”) is a legal agreement between you (“Licensee”, “you” or “your”) and Aesop Research LTD (“Licensor”, “us”, “our” or “we”) for:

MyoAdapt application software (Android, iOS, web)

in either case “Software”, any updates or supplements to the Software and related online documentation (“Documentation”) as permitted by these terms.

We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you. We remain the owners of the Software at all times.

2. What the software does

2.1 Program Adjustments and Limitations

MyoAdapt is designed to create and adjust fitness programs to help users maximize fitness gains. However, the app cannot guarantee specific fitness results, and it is not a substitute for personalized coaching or professional medical advice. If you experience any health issues or concerns while using MyoAdapt, we recommend seeking advice from a qualified healthcare or fitness professional. MyoAdapt is intended to optimize your training program, but should be used in conjunction with sound fitness practices and professional guidance.

2.2 Definition of “Fitness Programs”

MyoAdapt’s definition of “fitnessprograms” includes exercises and routines that involve strength training using various different pieces of equipment, including but not limited to: weights, resistance machines, bodyweight exercises, and resistance bands. The app may also incorporate variations such as different rep ranges, load adjustments, and exercise recommendations. We reserve the right to update or modify the training algorithms to ensure users are provided with the most effective programs.

2.3 App Functionality

Our app has been developed based on the above parameters to automatically adjust training programs based on user input and progress tracking. If you find that certain exercises or training plans seem unsuitable for your needs, or if you believe the app isn’t adapting as intended, please contact us at info@myoadapt.com.

3. Operating system requirements and operating permissions

3.1 The Software requires an up-to-date version of iOS, Android, or a Web Browser (each an “Operating System”).

3.2 Some devices may not be compatible with the Software. If your device does not meet the requirements of the Operating System you should not download the Software.

3.4 Your attention is specifically drawn to the conditions that deal with the warranty (condition 10) and our responsibility for loss or damage suffered by you (condition 11).

4. Information about us – how to get support and tell us about problems

4.1 Support: if you want to learn more about the Software or have any problems using it then please take a look at our support resources at www.myoadapt.com.

4.2 How to contact us: If you think the Software is faulty or misdescribed or you wish to contact us for another reason (including if any condition in this Licence requires you to give us notice in writing) you can send us an email to info@myoadapt.com or, if you’d prefer, you can contact us by pre-paid post to Aesop Research LTD at Enterprise House, Ocean Way, Southampton, England, SO14 3XB. We will confirm receipt of this by contacting you in writing, normally by email (to the address you provided prior to your purchase of the Software).

4.3 If we have to contact you: if we have to contact you or give you notice in writing, we will do so by email to the address you provided prior to your purchase of the Software.

5. Our contract with you

5.1 Our contract with you, this Licence, is formed when you click on the “accept” button to signal that you agree to the terms of this Licence.

5.2 You must be 13 years of age or over to accept these terms and Download the Software. In addition to any other right we may have to terminate, we reserve the right to terminate our contract with you if we have reason to believe you are not 13 years of age or over.

5.3 If you Download the Software onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with the terms of this Licence, whether or not you own the phone or other device.

6. Grant and scope of licence, minor changes, updates and upgrades

6.1 In consideration of you making payment for the Software in accordance with condition 9 below (price and payment) and /or you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Software and Documentation on the terms of this Licence for the period you selected when purchasing the Software (‘Subscription Period’) (and any extension of the Subscription Period as detailed in condition 6.2 below) or until the Licence is terminated (where this takes place earlier than the expiry of the Subscription Period). We will confirm your Subscription Period to you by email following Download. The Subscription Period will run from the date the Software is Downloaded. If you have received access to the Software via one of our corporate partners, you will receive access to the Software and Documentation for one year from the date the Software is Downloaded by you.

6.2 Please note:

If you have registered with us directly, unless you cancel at the end of the Subscription Period, your licence to use the Software and Documentation will automatically renew at the end of the initial Subscription Period for the same period that you originally selected. We will notify you by email within a reasonable period before the end of your then current Subscription Period of your right to cancel. Any renewal of your Subscription Period will be governed by the terms and conditions of this Licence. If you do not wish for your Subscription Period to be automatically renewed, please contact us in accordance with condition 4 (information about us) or amend your preferences within the Account Management function.
We will notify you by email a reasonable period before the end of your then current Subscription Period of your right to cancel and ask you whether you would like to subscribe for an additional subscription period.

6.3 You may:

provided you comply with the provisions in condition 7 (restrictions on use), make up to two copies of the Software and Documentation for back-up purposes; and
receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by the Licensor from time to time (but see conditions 6.4, 6.5 and 6.7 below).

6.5 We may update the Software at any time remotely. In some cases we may need your assistance to complete a manual update to the Software. We will provide a notification in this case and the instructions to carry out the necessary update.

6.6 For the mobile application, we may from time to time automatically update the Software to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Software for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Software.

6.7 The Software (as amended by any update) shall always match the description of it that we provided to you before you bought it.

6.8 The Software may be upgraded to reflect changes in the Operating System. The Software will work with the current or previous version of that Operating System (as it may be updated from time to time).

7. Restrictions on use (Terms of fair use)

7.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:

not to copy the Software or Documentation, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
not rent, lease, sub-licence, loan, provide or otherwise make available the Software (in whole or in part) to any person without prior written consent from us;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the Software or Documentation nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Software as permitted by this Licence;
not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Software to obtain the information necessary to create an independent program that can be operated with the Software or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
is used only for the Permitted Objective;
is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to the Software;
to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
to include our copyright notice, ‘© Copyright Aesop Research LTD’, on all entire and partial copies of the Software in any form;
not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us;
not to use the Software via any communications network; or multi-user network; or on an Operating System that allows shared use of applications or remote access;
not use the database of the Software in connection with any other software other than the Software;
to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Software; and
We are giving you personally the right to use the Software as set out in this Licence. You may not otherwise transfer the Software to someone else, whether for money, for anything else, or for free. If you sell any computer or device on which the Software is installed you must remove the Software from it before you give the computer/device to the buyer.

7.2 You must:

not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Licence, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses or harmful data, into the Software or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the Software (to the extent that such use is not licenced by this Licence);
not use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
not use, or display, threatening or aggressive behaviour towards our employees or otherwise harass our employees; or
not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the Software.

8. Intellectual property rights

8.1 You acknowledge that all intellectual property rights in the Software and Documentation throughout the world belong to us, that rights in the Software are licenced (not sold) to you. You have no intellectual property rights in, or to, the Software or the Documentation, other than the right to use the Software in accordance with the terms of this Licence.

8.2 You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Licence.

9. Price and Payment

9.1 Where to find the price for the Software. The price for the Software (which includes VAT) will be the price shown within the MyoAdapt app (“App”). We use our best efforts to ensure that the price of the Software advised to you is correct. However, please see condition 9.2 below for what happens if we discover an error in the price of the Software. Please note that we may pro rata the price for the Software to reflect any part calendar month of the Subscription Period, dependent upon when you Download the Software.

9.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, the Software may be incorrectly priced. Where the correct price for the Software at the date of the download is less than the price showing on our App, we will charge you the lower amount. Where the correct price for the Software at the date of the download is higher than the price showing on our App, we will contact you. If the Software download is processed where a pricing error is obvious and unmistakable and could have been reasonably recognised by you as a mispricing, we may end the Licence, refund any sums you have paid and the terms of condition 14 will apply (see what will happen at the end of the licence).

9.3 When you must pay. We accept payment through Stripe, Apple Pay and Google Pay Payments. Stripe, Apple Pay and Google Pay will have their own terms and conditions which govern use of its payment service. You should read these terms carefully before processing payment. We will take payment for the Software on Download and at the end of the Subscription Period if you choose to renew with us.

9.4 In the event that we do not have your financial details, or the financial details you have provided lapse or stop working, we will contact you for updated financial details. Your access to the Software will continue for a period of up to 15 days ‘grace period’ before expiry. Unless you have confirmed updated financial details by the end of this period, your access to the Software shall cease.

10. Warranty

10.1 We warrant that:

the Software will, when installed and properly used on the Operating System for which it was designed, perform substantially in accordance with the functions described in the Documentation; and
the Documentation correctly describes the operation of the Software in all material respects, for the duration of the Subscription Period (“Warranty Period”).

10.2 If, within the Warranty Period, you notify us in writing of any defect or fault in the Software as a result of which it fails to perform substantially in accordance with the Documentation, we will, at our sole option, either repair or replace the Software.

10.3 The warranty does not apply if the defect, fault or failure of the Software results from:

you having altered or modified the Software;
you having used the Software in breach of the terms or conditions of this Licence;
a defect or fault in your Operating System;
your use of pirated or cracked software installed on your Operating System;
your failure to apply an update to the Software as and when required by us; or
an action by you or a third party acting on your behalf to intentionally uninstall the Software during the Subscription Period. Please see condition 11.5 for further information.

10.4 This warranty is in addition to your legal rights in relation to Software that is faulty or not as described. Information about your legal rights can be found in condition 15.2 of this Licence (what to do if there is a problem with the Software). Further advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

11. Our responsibility for loss or damage suffered by you

11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Licence or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Licence was made, both we and you knew it might happen.

11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Software (as summarised at condition 15.2 (what to do if there is a problem with the Software); and for defective products under the Consumer Protection Act 1987 (where applicable).

11.3 We are not liable for business losses. The Software is for domestic and private use. If you use the Software for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.5 Limitation to the Software. You acknowledge that:

The Software has not been developed to meet your individual requirements. It is your responsibility to ensure that the features and functions of the Software (as described in the documentation and, where applicable, app stores) meet your needs.
MyoAdapt is designed to assist you in maximizing fitness gains, but we cannot guarantee specific results. The effectiveness of the app may depend on several factors outside our control, such as your adherence to the program, physical condition, and other variables. We are not liable if you fail to achieve your fitness goals or if the app’s recommendations do not perfectly align with your expectations.

11.6 We are not responsible for events outside of our control. If our support for the MyoAdapt Software is delayed due to an event outside of our control, we will contact you as soon as possible and take steps to minimize the delay. We will not be liable for any delays caused by such events. If there is a risk of significant delay, you may contact us to terminate your License and request a refund for any unused portion of the Software that you have already paid for.

12. Termination by us

12.1 We may terminate the Licence if you break it. We may end your rights to use the Software at any time by contacting you if you have broken the terms of this Licence in a serious way. If what you’ve done can be put right we will give you a reasonable opportunity to do so (being at least 14 days after the service of written notice telling you what you’ve done wrong). We deem breach of any aspect of condition 7.2 to be a serious irremediable breach.

12.2 You must compensate us if you break the Licence. If we end the Licence in accordance with condition 12.1 above we will refund any money you have paid in advance for any part of the subscription period in respect of which you have not received the Software, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Licence.

13. Your rights to end the Licence

13.1 Ending the Licence because of something we have done or are going to do: if you are ending the Licence for a reason set out at (a) to (c) below the Licence will end immediately and we will refund you in full for any part of the subscription period for which you have paid for but not received the Software and you may also be entitled to compensation. The reasons are:

we have told you about an upcoming change to the Software by way of an automatic update or to the terms of this Licence which you do not agree to;
we have suspended the supply of the Software for technical reasons, or notify you we are going to suspend the supply for technical reasons; or
you have a legal right to end the Licence because of something we have done wrong.

13.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013) if you are based in the EU or the UK: For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These are rights under the Consumer Contracts Regulations 2013 (the “Regulations”). However under these Regulations you do not have a right to change your mind for digital products after you have started to Download them.

13.3 Ending the Licence where we are not at fault and there is no right to change your mind. Other than as set out expressly in this Licence, you may not elect to terminate this agreement mid-subscription period. Please do contact us however to inform us that you do not want your subscription to auto-renew at the end of the then-current subscription period. If you need to contact us please do so by following the instructions in Information about Us.

Refund Policy

If you are eligible for a refund based on the conditions outlined in 13.1, the refund will be issued for the unused portion of your subscription period. Refunds will not be provided in cases where you have downloaded digital products or for mid-subscription cancellations unless otherwise stated in 13.1. To request a refund or inquire about eligibility, please contact our support team at info@myoadapt.com.

14. What will happen at the end of the Licence

14.1 Upon termination for any reason:

all rights granted to you under this Licence shall cease;
you must cease all activities authorised by this Licence, including your use of the Software

14.2 You understand that nothing in this Licence obligates us to remove the Software from any central processing unit onto which it has been installed by you. This does not apply where we’re obligated to do so by law. Nothing in this condition will affect your legal rights in relation to Software (see condition 15.2 what to do if there is a problem with the software for a summary).

14.3 If, under the terms of this Licence, we need to provide you with a refund we will do so by the method you used for payment of the Software. We will make any refunds as soon as possible and in any event within 14 days.

15. What to do if there is a problem with the Software

15.1 How to tell us about problems. If you have any questions or complaints about the Software, please contact us by following the instructions in condition 4 (information about us).

15.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this Licence. See below for a summary of your legal rights in relation to the Software. Nothing in the terms and conditions of this Licence will affect your legal rights.

15.3 Summary of your legal rights for UK customers

This is a summary of your legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says digital content (which includes software) must be as described, fit for purpose and of satisfactory quality.
If the digital content is faulty, you’re entitled to a replacement.
If the fault cannot be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
If you can show the fault has damaged a device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

16. Data Protection

16.1 We will only use the personal information you provide to us or that we collect through your use of the Software on a mobile device to supply you with the Software and to process your payment for the Software.

16.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

16.3 Further information on how we handle your personal information can be found in our privacy notice on our Website.

16.4 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Software may be read or intercepted by others, even where there is a special notice that a particular transmission is encrypted.

16.5 By using the Software on a mobile device, you agree to us collecting and using technical information about the devices you use the Software on and related software, hardware and peripherals to improve our products.

17. Other Important Terms

17.1 We may transfer this Licence to another party. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Licence.

17.2 You will need our consent to transfer your rights under this Licence to someone else. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.

17.3 Nobody else has any rights under this Licence. This Licence does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence.

17.4 If a court or competent authority finds a part of this Licence illegal, the rest of the Licence will continue. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5 If we delay in enforcing our rights under this Licence, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Licence, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17.6 Changes to these terms. We may need to change the terms of this Licence to reflect changes in law or best practice or to deal with additional features that we introduce. We will give you at least 30 days notice of any change by sending you an email with details of the change or notifying you of a change when you next start the Software. If you do not accept the notified changes you may continue to use the Software in accordance with the existing terms of this Licence but certain features may not be available to you.

17.7 Which laws apply to this Licence and where you may bring legal proceedings. These terms are 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 Software in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Software in either the Northern Irish or the English courts. If you live outside the UK, you can only bring proceedings in the English courts.

Any questions, just ask! If you have any questions on any of terms of this Licence or the Software, get in touch with us at info@myoadapt.com and we would be happy to help

EULA