Terms & Conditions

These Terms and Conditions (“Terms”, “Terms of Service”) govern your access to and use of www.repmateapp.com (“Site”), including any content, functionality and services offered on or via www.repmateapp.com, or the REPMATE mobile application available on Apple App Store (iOS, iPad OS and Watch OS) and Google Play Store (Android) (“Apps”).

The Site and Apps are owned and operated by ELEMENTONE Limited from the United Kingdom with its registered address at 49 Shooters Hill Road, London, SE3 7H, United Kingdom. REPMATE is a trading name of ELEMENTONE Limited. Throughout these Terms, the Site and the Apps, the terms “REPMATE”, “us”, “we”, and “our” refer to ELEMENTONE Limited.

1. Agreement

These Terms are a binding agreement (contract) between you and REPMATE. You indicate your acceptance of these Terms by accessing, using, or signing up for any Services. If you do not agree to these Terms, do not access, use, or sign up for any Services.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms; that these Terms are fully binding on them; and that you have full authority to use or manage the Services on their behalf, including the creation and management of user accounts. In such cases, the terms “you” or “your” will refer to the entity and its affiliates. If you do not have this authority, you must not access or use the Services.

These Terms and Conditions are effective as of 8 January 2025. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Application and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this Application after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.

2. Accounts

2.1 Age Limit

The Services are intended only for persons who are at least 13 years old, or such higher age as may be required in your jurisdiction. If you are under the legal age to form a legally binding contract in your jurisdiction, you may use the Services only with the permission of your parent or legal guardian.

If you are a parent or legal guardian of a REPMATE user under the legal age to form a binding contract in your jurisdiction, you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms.

REPMATE always reserves the right to refuse access to the Services by users under the legal age, in our sole discretion.

2.2 Signing Up

When using the Service, you will be required to sign up and create an account. By creating an account, you agree:

• To provide accurate, current and complete information about yourself (“User Data”);
• To keep User Data up to date, and make any changes as soon as possible;
• That REPMATE may use your User Data to provide Services that you access or use and as set out in these Terms and our Privacy Policy;
• To create only one account for your personal use and not to share your account or REPMATE subscription with others;
• That all activities associated with your account on the Services reflect authentic activities done by you; and
• That REPMATE has the right to suspend or terminate your account and refuse current or future use of the Services if you violate these Terms, or as otherwise determined within REPMATE’s discretion.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

2.3 User Content

REPMATE allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). By posting information in or otherwise using any communications service, chat room, message board or other interactive service that may be available to you on or through this Application, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that:

• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
• Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
• Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and
• Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Application. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Application.

However, we have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Application, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.

In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate (and not limited to) the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

If you believe any Content available on the Service violates your intellectual property rights, please contact us at support@repmateapp.com.

2.4 Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ELEMENTONE Limited. and its licensors. The Service is protected by copyright, trademark, and other laws of United Kingdom. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ELEMENTONE Limited.

3. Fees and Payment

Certain features of the Services are free. Whether you engage with free or paid (“subscription-only”) features of the Service, these Terms still apply. REPMATE has the right to add, modify, or discontinue any free or subscription-only feature at any time. If you decide to access subscription-only features, you will need to pay subscription fees, plus any applicable taxes. Depending on your jurisdiction and your bank provider, you may be charged additional fees (e.g. a foreign transaction fee) when you purchase a REPMATE subscription.

Subscription fees are paid on a periodic billing cycle, depending on the subscription plan you choose. You agree to pay your subscription fees on time. REPMATE has the right to increase subscription fees or add new fees at any time after giving reasonable notice. Changes in subscription fees will take effect on your next billing date, unless otherwise stated. When subscribing, you will be required to select the subscription term you require (monthly or annually). Please double-check your subscription before finalising your transaction. Your subscription cannot be modified after you've completed your purchase until the expiration or renewal date of that subscription.

We may from time to time make a free trial available to our App. Where we offer a free trial, it may only be used once and by first time users only. If you are offered this, then the free trial period for any subscription will last for the period of time specified when you signed up.

To pay any fees to REPMATE, you must select and provide information about your preferred payment method (e.g., credit card, online payment service, a third-party platform, like Apple App Store or Google Play, or any other payment method made available by REPMATE) (the “Payment Method”). You authorize us to collect and use your payment information for payment of the fees. More information about how we process your payment information is in our Privacy Policy.

Subscriptions through the Apple App Store and Google Play Store

Payment for your subscription will be processed by either the Apple App Store or Google Play Store and in accordance with the type of subscription selected (for example, if you signed up for a monthly plan, then you will be billed monthly).

You can stop auto-renewing your subscriptions at any time via the Manage Subscriptions tab in your app store. You are responsible for ensuring that you turn off auto-renewal with sufficient time to comply with Apple or Google’s policies (as applicable) for re-billing. For example, we recommend that you turn off auto-renew at least 24 hours before your renewal date.

Once auto-renew is turned off, you will still be able to use the Apps for the remainder of your subscription period. No refunds are available.

Refunds

We may terminate your subscription and/or cancel your account at any time. We will contact you via email if we take such action and we will explain why the cancellation and/or closure occurred. Where we terminate:

• due to your breach of these Terms, you will not be eligible for a refund in such a scenario; or
• for any other reason, you will be entitled to a pro-rated refund for any pre-paid amounts.

Please email us at support@repmateapp.com if you think that your account has been closed incorrectly.

4. Cancellation rights

You can cancel this contract within 14 days of your receiving the items, depending on your local jurisdiction. The 14-day period starts on the day after you receive the service.

4. Cancellation rights

You can cancel this contract within 14 days of your receiving the items, depending on your local jurisdiction. The 14-day period starts on the day after you receive the service.

5. Responsible Use of Geolocation Features

You accept all safety, security, and other risks associated with the use of any REPMATE or third-party geolocation features, tools, and technology, including when recording or sharing GPS-based activities via the Services or using other map- or location-based features on the Services. These risks may be greater depending on your circumstances, e.g., if you work in a sensitive job or position of trust. To the maximum extent permitted by law, REPMATE is not responsible for any such risks. You agree to use any such geolocation features, tools, and technology in a way that is safe, secure, and responsible, in accordance with your circumstances and applicable laws. Nothing in this section takes away from any other sections in these Terms where we disclaim warranties and limit or exclude liability. You can learn more about how we use geolocation information in our Privacy Policy.

6. Artificial Intelligence

As part of providing the Services, we may use and develop artificial intelligence (“AI”) and machine learning (“ML”) to provide features designed to enhance your training and improve the Services (“AI Features”). AI technologies have known and unknown risks and limitations and may make mistakes; you understand and agree that you use AI Features at your own risk. You should always use common sense and good judgment before using any AI-generated recommendations to make sure they are safe, secure, and appropriate for your skill level. Nothing in this section takes away from any other sections in these Terms where we disclaim warranties and limit or exclude liability. You can learn more about how we use AI in our Privacy Policy.

7. Your Feedback

You may have the ability to provide comments, feedback, suggestions, ideas, original or creative materials, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you grant REPMATE a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display, and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import, and export products and services based on such Feedback. For this reason, do not send REPMATE any Feedback if you do not want to give us the license set out in this section.

8. Third Party Websites

This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.

These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.

9. Disclaimer of Warranties, Limitation of Liability and Indemnification

In no event shall ELEMENTONE LIMITED, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Use of REPMATE and all related services is at your own risk. You agree that REPMATE is not providing Medical Advice via the services. Before using the services, if you have knowledge of any pre-existing medical conditions, please seek medical advice from a doctor.

You expressly agree that any exercise activity performed or tracked using REPMATE carry inherent risks of injury or death and you assume all known and unknown risks associated with any exercise activity even if caused in whole or part by the action, inaction or negligence of REPMATE or others, including other REPMATE users.

REPMATE shall not be held liable for any damages, indirect or direct, related to or resulting from any use of the services, including injury or death.

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

ELEMENTONE LIMITED, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements

We are not liable for damages, direct or consequential, resulting from your use of the Application, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Application. Because the Application is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.

10. Law and Jurisdiction

This contract is governed by the law of England and Wales and you and we will submit to the non-exclusive jurisdiction of the English and Welsh courts.

11. Third Parties

This contract does not allow any person, other than you and us, to enforce any of its provisions (for the purposes of the Contracts (Rights of Third Parties) Act 1999).

12. Contact Us

Our address is 49 Shooters Hill Road, London, SE3 7HS, United Kingdom. You can contact us via support@repmateapp.com.

If you have any complaints about the app or any aspect of the way we have dealt with your service, please contact REPMATE by email to support@repmateapp.com.