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COOPAH LIMITED – END USER LICENCE AGREEMENT

PLEASE READ THESE LICENCE TERMS CAREFULLY.

BY PURCHASING A SUBSCRIPTION TO USE OUR APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT PURCHASE THE SUBSCRIPTION.

PLEASE NOTE THAT THE TERMS OF THE APP STORE THROUGH WHICH YOU PURCHASE A SUBSCRIPTION TO USE OUR APP WILL ALSO APPLY TO YOU. THE APP STORE TAKES PAYMENT FROM YOU AS OUR AGENT.

App Store means an online or remote-accessed distribution platform where the App is made available for download and includes the Apple App Store and Google Play Store.

Apple means Apple Inc. (a California corporation with its principal place of business at One Apple Park Way, Cupertino, California 95014, U.S.A).

Apple App Store means an electronic store and its storefronts branded, owned, and/or controlled by Apple, or an Apple subsidiary or other affiliate of Apple, through which the App may be acquired. An App Store exists for each of the following: iOS, iPadOS, macOS, tvOS, visionOS, and watchOS.

Google means Google LLC (a California corporation with its principal place of business at 1600 Amphitheatre Pkwy, Mountain View, CA 94043).

Google Play Store means an electronic store and its storefronts branded, owned, and/or controlled by Google, or a Google subsidiary or other affiliate of Google, through which the App may be acquired.

  1. Who we are and what this Agreement does
    • We, Coopah Limited (with company number 12602120, of Marathon House, 190 Great Dover St, London, United Kingdom, SE1 4YB), license you to use:
      • the mobile software application known as COOPAH the data supplied with the software, (App) and any updates or supplements to it;
      • the related electronic documentation (Documentation); and
      • the service you connect to via the App and the content we provide to you through it (Service), as permitted in these terms. These terms constitute our agreement with you (the Agreement). When you first access the App you will be required to set up a subscription to use the Service (your Subscription).
  2. Operating system requirements
    • this App requires a mobile phone device with a minimum of 100MB memory and iOS Version 14.0 or later or Android operating system Version 9.0 or later.
  3. How you may use the App, including how many devices you may use it on
    • In return for your agreeing to comply with these terms you may:
      • download or stream a copy of the App onto your devices and view, use and display the App and the Service on such devices for your personal purposes only;
      • use any Documentation to support your permitted use of the App and the Service; and
      • receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
  4. Minimum age limit
    • You must be 13 or over to accept these terms and buy the App.
  5. You may not transfer the Subscription or App to someone else
    • We are giving you personally the right to use the Subscription and the App as set out above. You may not transfer the Subscription or the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
  6. If someone else owns the phone or device you are using
    • If you download or stream the App 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 these terms, whether or not you own the phone or other device.
  7. We are not responsible for other websites you link to
    • The App or Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
    • You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
  8. Support for the App and how to tell us about problems
    • If you want to learn more about the App or the Service or have any problems using them, please take a look at our support resources at www.coopah.com.
    • Contacting us (including with complaints). If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at help@coopah.com.
    • How we will communicate with you. If we have to contact you we will do so by email or by SMS, using the contact details you have provided to us.
  9. Licence restrictions
    • You agree that you will:
      • not rent, lease, sub-license, loan, provide, or otherwise make available, the App, Subscription or the Service in any form, in whole or in part to any person without prior written consent from us;
      • not copy the App, Documentation or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
      • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these terms
      • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service 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 App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
      • is not disclosed or communicated without our 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 App;
      • is kept secure; andis used only for the Permitted Objective;
      • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
  10. Acceptable use restrictions
    • You must:
      • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
      • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
      • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
      • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
  11. Intellectual property rights
    • All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the right to use them in accordance with these terms.
  12. Subscription and billing cycles
    • Your Subscription will start on the date that you purchase the Subscription, and will continue until it is terminated in accordance with these terms or your terms with the App Store.
    • You have the choice of a monthly, quarterly, or annual billing cycle for your Subscription (your Billing Cycle). The term of your Subscription will align with your Billing Cycle, and your Subscription shall automatically renew at the end of each Billing Cycle for a further Billing Cycle.
    • We may at any time offer a household/family sharing subscription plan (Family Plan). The Family Plan will allow multiple users within the same household to share a single Subscription. Specific terms and conditions and eligibility criteria for the Family Plan may apply as notified to you, and the Family Plan will be governed by this Agreement.
    • The Subscription fees are payable, and will be charged to you by the App Store, in advance of each Billing Cycle. You agree to be charged such fees in this way.
    • You can cancel your Subscription at any time for any reason through your account page by following the instructions on-screen, or through the App Store. If you cancel your Subscription, you will continue to have access to the Service until the end of the active Billing Cycle at the time of your cancellation, at which time your access to the Service shall cease, and no further payment will be made.
    • If a payment of fees is not successfully made, for any reason, and you have not or do not cancel your Subscription, we may suspend your access to the App and Service until the payment has been made.
    • If any payment you owe cannot be collected, we charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay the interest together with any overdue amount.
    • Prices for the App, in-app purchases, and subscriptions are determined by us and can be changed by us for the start of the next Billing Cycle by providing you with at least 15 days’ prior written notice.
    • All prices include applicable taxes unless otherwise stated. Taxes are calculated and applied by the App Store during the purchase process based on your billing information.
    • We are not responsible for any losses arising from unauthorised use of your user ID or payment information. If you suspect any unauthorised activity, you must notify us and the App Store immediately.
  13. Free Trials
    • We may offer you a free trial at the start of your Subscription so that you can test whether the Service are right for you. The duration of the free trial period of your Subscription will be specified on the subscription sign up page. You will not be able to make use of an available free trial once you access your paid Subscription with us.
    • Free trials are permitted and agreed to by us at our sole discretion. We reserve our right to restrict the eligibility criteria or duration of free trials in order to prevent this gesture being abused. We reserve the right to terminate any free trial offered to you and to suspend your account in the event that we determine that you are not eligible or have abused the terms of the free trial. We may use information such as your device ID, method of payment or the email address used with an existing or recent Subscription to determine eligibility.
    • You will be charged the fees for the next Billing Cycle at the end of your free trial unless you cancel your Subscription prior to the end of the free trial.
  14. The App Store’s terms also apply
  15. Terms that apply where you have purchased through the Apple App Store
    • The following terms of this clause ‎15 are the terms which we are required by Apple to notify you of and obtain your consent to in respect of using the App:
  16. Acknowledgement
    • You and we acknowledge that this Agreement is concluded between you and us only, and not with Apple, nor any subsidiary or affiliate company of Apple. You also acknowledge that we are solely responsible for the App and the content thereof.
    • Apple facilitates transactions and distribution of the App as an agent for us.
    • Payment processing and related services are handled by Apple on behalf of us.
    • All payments for the Subscription and any associated services, including in-app purchases, are processed by Apple as an agent for us. You agree that:
      • Apple will charge your payment method for the price displayed at the point of purchase; and
      • upon successful payment, you acquire a license to use the App under these terms.
    • You acknowledge that we do not collect or have access to your payment information, and all financial transactions are managed by Apple.
    • The App includes auto-renewing subscription services. By subscribing, you agree that:
    • Subscriptions will automatically renew at the end of each Billing Cycle unless cancelled at least 24 hours before the end of the current period;
      • Subscription fees will be charged to your Apple ID account at confirmation of purchase and upon renewal; and
      • you can manage or cancel your subscriptions by accessing your Apple ID account settings after purchase.
  17. Grant of Licence
    • Subject to your compliance with all conditions of these terms we grant you a non-exclusive, personal, non-transferable license to use the App on a device which you own or control, and where the App has been acquired through the Apple App Store, as permitted by the Usage Rules as defined and set forth in the Apple App Store Terms of Service (http://www.apple.com/uk/legal/terms/).
  18. Maintenance and support
    • We are solely responsible for providing support and maintenance for the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  19. Product claims
    • You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  20. Intellectual Property Rights
    • You acknowledge that in the event of a third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
  21. Legal Compliance
    • You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.
  22. Third Party Beneficiary
    • You acknowledge and agree that Apple are third party beneficiaries of these terms, and that when you accept these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.
  23. Third Party Terms of Agreement
    • We do not use any third party software or applications in our App and therefore this Agreement sets out the terms and conditions of using the App.
  24. Refunds and Cancellations
    • Refund Policy
      • Where you purchase a Subscription to the App through the Apple App Store, all refund requests are handled by Apple and are subject to Apple’s refund policies. We do not have the authority to grant refunds or credits for purchases made through the App.
      • Where your purchase a Subscription to the App through the Google Play Store, all refund requests are handled by Google and are subject to its refund policies, however we are entitled to override Google’s decision and issue a refund ourselves.
    • How to Request a Refund
      • To request a refund via the Apple App Store, please contact Apple Customer Support or use the “Report a Problem” feature in your purchase history.
      • To request a refund via the Google Play Store, please contact Google Customer Support or use the “Report a Problem” feature in your purchase history.
  25. These terms may have changed since you last reviewed them
    • These terms were last updated on 11 March 2025. Please contact us if you wish to see a previous version of these terms.
  26. Where to find information about us
    • You can find everything you need to know about us, our App and our Service on our website. We also confirm the key information to you in writing after you subscribe to our Service, either by email, in your online account or on paper.
  27. Sometimes we refuse your Subscription
    • Sometimes we refuse your Subscription, for example, we are unable to take your first payment, or because we cannot verify your age. When this happens, we will let you know as soon as possible and refund any sums you have paid.
  28. We are not responsible for delays outside our control
    • If our provision of the Service is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team on help@coopah.com to end the Agreement and receive a refund for fees you have paid in advance for the Subscription which relate to the period after the Subscription ends (subject to any refund policies of the relevant App Store).
  29. You have a legal right to change your mind before accessing the Service
    • By law, you have 14 days after the date we confirm your Subscription to change your mind about a purchase, but you lose this right when you access the Service. If you change your mind contact our Customer Service Team on help@coopah.com. You will be refunded as soon as possible and within 14 days of you telling us you have changed your mind. You will be refunded by the method you used for payment. We do not charge a fee for the refund. This is subject to the refund policies of the relevant App Store.
  30. You can end an on-going Subscription (find out how)
    • You can end an on-going Subscription with us at any time by contacting our Customer Service Team on help@coopah.com and clause ‎12.5 shall apply.
  31. Except as otherwise set out in this Agreement and subject to your legal rights as a consumer, we do not provide refunds or credits for the remainder of your Billing Cycle after your cancellation.
  32. You have rights if there is something wrong with the Service
    • If you think there is something wrong with the Service, you must contact our Customer Service Team on help@coopah.com.
    • If you think there is something wrong with your product, you must contact our Customer Service Team on help@coopah.com.
  33. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.
    • The App will qualify as digital content, and the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
    • If your digital content is faulty, you’re entitled to a repair or a replacement.
    • If the fault can’t 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 your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
  34. We can change the App and these terms
    • Changes we can always make. We can always change the App:
      • to reflect changes in relevant laws and regulatory requirements;
      • to implement technical adjustments and improvements, for example to address a security threat. These are changes that do not affect your use of the App; and
      • to update the App, provided that the App always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.
      • 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 App and the Service.
    • Changes we can only make if we give you notice and an option to terminate.
      • Where we make significant changes to the App or the Service or these terms, we will notify you in advance. If you do not agree to the changes, you can contact our Customer Service Team at: help@coopah.com to end this Agreement before the change takes effect and receive a refund for the fees you have paid in advance for the Subscription which relate to the period after the Subscription ends (subject to any refund policies of the relevant App Store).
  35. We can suspend the Service (and you have rights if we do)
    • We can suspend the Service. We do this to:
      • deal with technical problems or make minor technical changes;
      • update the App to reflect changes in relevant laws and regulatory requirements; or
      • make changes to the App.
    • We contact you in advance to tell you we are suspending supply, unless the problem is urgent or an emergency. If we suspend the App for longer than 14 days we adjust the price so you do not pay for it while it is suspended. If we suspend supply, or tell you we are going to suspend supply, for more than 21 days you can contact our Customer Service Team: help@coopah.com to end the Subscription**** and we will refund any fees you have paid in advance for the Subscription which relate to the period after the Subscription ends (subject to any refund policies of the relevant App Store).
  36. We can withdraw the Service
    • We can stop providing the Service. We let you know at least 14 days in advance and we will refund any fees you have paid in advance for the Subscription which relate to the period after the Subscription ends (subject to any refund policies of the relevant App Store).
  37. We can end this Agreement
    • We can end your Subscription and this Agreement with you and claim any compensation due to us (including enforcement costs) if:
      • you do not make any payment when it is due and you still do not make payment within 14 days of being reminded that your payment is due;
      • you breach the terms of this Agreement; or
      • you use the App and Service in a manner that is harmful to other users or the functionality of the App.
    • If we end your rights to use the App and Service:
      • you must stop all activities authorised by these terms, including your use of the App and any Service;
      • you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have; and
      • we may remotely access your devices and remove the App from them and cease providing you with access to the Service.
  38. We do not compensate you for all losses caused by the App and Service
    • We are responsible for losses you suffer caused by us breaching this Agreement unless the loss is:
      • unexpected (meaning it was not obvious that the loss would occur and was therefore unforeseeable);
      • caused by a delaying event outside our control, as set out in clause ‎20;
      • avoidable (meaning the loss was something you could have avoided by taking reasonable action (for example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us)); or
      • a business loss (the App is for domestic and private use. If you use the App 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).
  39. The App is intended to assist users in tracking their fitness activities and suggesting training sessions. It is not a substitute for professional medical, fitness, healthcare, dietary or lifestyle advice, diagnosis, or treatment. You are solely responsible for your fitness activities, including your own modifications to our suggested training sessions, and you should always seek the advice of your physician or other qualified medical or healthcare provider with any questions you may have regarding a medical condition or fitness regimen (including whether any recommended activity is appropriate in light of a medical condition). We are not aware of any prior medical or healthcare condition you have and are not responsible for any injuries or health issues that may result from your use of the App.
  40. Limitations to the App and the Service
    • The App and the Service are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
  41. Please back-up content and data used with the App
    • We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
  42. Check that the App and the Service are suitable for you
    • The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the appstore site and in the Documentation) meet your requirements.
  43. We use your personal data as set out in our Privacy Notice
    • Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided in https://coopah.com/privacy-notice.
  44. You have several options for resolving disputes with us
    • Our complaints policy
      • Please contact our Customer Service Team at help@coopah.com for any problems you have with us or our App and Service.
    • You can go to court.
      • These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
  45. Other important terms apply to our Agreement
    • We can transfer our Agreement with you, so that a different organisation is responsible for supplying the App and Service.
      • We will contact you to let you know if we plan to do this and we will ensure that the transfer will not affect your rights under this Agreement. If you are unhappy with the transfer you can contact our Customer Service Team on help@coopah.com to end the Agreement within 14 days of us telling you about it and we will refund you any fees you have paid in advance for the Subscription which relate to the period after the Subscription ends (subject to any refund policies of the relevant App Store).
    • You can only transfer your Agreement with us to someone else if we agree to this in writing.
    • Nobody else has any rights under this Agreement
  46. This Agreement ****is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
  47. If a court invalidates some of this Agreement, the rest of it will still apply
  48. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
  49. Even if we delay in enforcing this Agreement, we can still enforce it later
  50. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.