Last modified: 10th May 2021
www.rypt.app is a site operated by Flamenco IL Holdings Limited (“RYPT”, “we”, “us”). We are registered in the Republic of Ireland under the company registration number 620421 and have our registered office at 6, The Crescent, Galway, Ireland, H91 NHP3.
We may periodically update these terms. If you have an active Subscription Plan, we will let you know when we do via an email or in-app notification.
We will provide you with services through the Site for the Subscription Plan you select, including creating trainer and business profiles, exercises, workouts, workout programs, nutrition plans, meal plans and other content that you or a Trainer (as defined below) uploads to the Site. And also storing, processing and analysing exercise and fitness data, training logs, and any other Content that a User (as defined below) uploads to the Site (collectively, “Content”).
- General Terms / The basics about how we provide our Subscription Plan, including information on access and acceptable use.
- Subscription Terms / As a customer, you subscribe to use our software, and here you will find the terms that apply to each subscription. There are some differences between the different types of subscriptions, and here’s where you can find that detail.
b. The “Billing Period” means the period for which you agree to prepay subscription fees, chosen by you when selecting your Subscription Plan.
c. “Confidential Information” means all information provided by you (the discloser) or us (the receiver), whether orally or in writing that is designated as confidential. This does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the discloser or (ii) was known to the receiver before receipt from the discloser.
d. “Trainer(s)” means a single individual (other than a User) who is connected to your Gym in the Subscription Plan. And will have access to the features of the Subscription Plan to (i) invite Users to connect to the Gym and manage them; (ii) create workouts, workout programs and nutrition plans and send them to connected Users; (iii) create programs containing workouts and/or nutrition plans and other content and advertise them for sale to users; (iv) upload, create and manage Content including exercises, exercise technique videos, workouts, workout programs, nutrition plans, meal plans and other video, image, text and similar Content: and (iv) view, edit and analyse ‘User Information’. They may be your employees, representatives, consultants, contractors or agents who are authorised to use the Subscription Plan for your benefit and have unique accounts and passwords to access Subscription Plan.
e. “User” means a single individual (other than a Trainer) who is connected to your ‘Gym’ in the Subscription Plan and can receive workout programs and nutrition plans from the Gym, track their progress and share their ‘User Information’ with them.
f. “Gym” means the entity which is created to manage Trainers, Users, workout programs, nutrition plans, and Content including exercises, exercise technique videos, workouts, meal plans and other video, image, text and similar Content.
g. “User Information” means the name, email address, phone number, online User name(s), telephone number, body composition data, goals, workout data, nutrition data, and similar information submitted by Users to you via the RYPT app or Site, or uploaded by you to the Subscription Plan.
h. “User Limit” means the number of Users that you may connect to with any given Subscription Plan.
i. “Customer Data” means all information that you submit or collect via the Subscription Plan.
j. “Customer Material” means all materials that you create, post, upload, input or submit through the Subscription Plan, including exercises, exercise technique videos, workouts, workout programs, nutrition plans, meal plans and other video, image, text and similar Content.
k. “Free Services” means the Subscription Plan or other products or features made available by us to you on an unpaid trial or free basis.
l. “RYPT Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Plan.
m. “Sensitive Information” means (a) credit or debit card numbers; personal financial account information; passwords; racial or ethnic origin; or other employment, financial or health information; and (b) any information defined under EU data protection laws as ‘Sensitive Personal Data’.
n. “Subscription Fee” means the amount you pay for the Subscription Plan.
o. “Subscription Plan” means all of our web-based applications, tools and platforms that you have subscribed to or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via https://www.rypt.app or another designated URL.
p. “Subscription Term” means the initial term of your subscription to the applicable Subscription Plan, as specified when selecting your plan, and at each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.
q. “You”, “your” or “Customer” means the person or entity using the Subscription Plan and identified in the applicable account record, billing statement, or online subscription process as the customer.
2. General Terms
You are responsible for maintaining the confidentiality of your password and you should not share or disclose it to anyone else. You are solely responsible for the activities of anyone accessing the Site using a password assigned to you, even if the individual is not authorised by you. You will notify us right away of any known or suspected unauthorised use of your password or your account by contacting us here.
We strive to make the Subscription Plan available 24 hours a day, 7 days a week, except for planned down-time for maintenance.
c. Fees and Payments
i. Subscription Fees. The Subscription Fee will remain fixed during the Subscription Term unless you upgrade your plan.
ii. Payment by credit card. When paying by credit card, you authorise us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorise us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
iv. Tax. All fees listed are inclusive of taxes. You agree to pay any taxes applicable to your use of the Subscription Plan.
d. Use and Limitations of Use
i. Acceptable use. If you have a Trainer account, you may use the Site to help you in providing fitness training services to Users who have a User account that is connected to your Gym. If you have a User account, you may use the Site to receive fitness training services from those with Trainer accounts, and track your progress.
You may not use the Subscription Plan if you are legally prohibited from receiving or using the Subscription Plan under the laws of the country in which you are resident or from which you access or use the Subscription Plan.
iii. No Sensitive Information. YOU AGREE NOT TO USE THE SUBSCRIPTION PLAN TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. WE WILL NOT HAVE ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SUBSCRIPTION PLAN TO COLLECT OR MANAGE SENSITIVE INFORMATION.
iv. Prohibited Content. You may not post Content on or through the Site that is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter; provides any telephone numbers, street addresses, last names or email addresses of anyone except yourself; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other members; involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of thirteen (13), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or contains a virus or other harmful component.
v. Responsibility for Content. You are responsible for all Content you post to your account and the Site. You are solely responsible for securing and backing-up your Content. Posting Content via the internet inherently poses the risk of unintended disclosure and access by third parties to your Content. We will make reasonable efforts to prevent your Content from disclosure beyond the settings you select, but we cannot guarantee these settings will prevent your Content from being viewed or accessed by unintended third parties and we will not be liable for such disclosures. We are not responsible for and do not control User Content, and, therefore, we do not guarantee the accuracy, integrity or quality of any User Content. You understand that by using pages of the Site or the mobile applications on which Users may post User Content, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, settings viewing errors, or any loss or damage of any kind incurred as a result of the use of any Content posted on or through the Site.
vii. Ownership of Your Content. We do not claim ownership rights in your Content, you own and will retain any and all intellectual property rights that you may have in your Content but you are required to grant us (and other Users of the Site) a limited license to use, store and copy Content, and to distribute it and/or make it available to third parties.
viii. Your Warranties Regarding Your Content. By posting your Content via the Site, you represent and warrant that (i) you own all right, title and interest in your Content, or otherwise have the right to grant the license, and (ii) the posting of your Content on or through the Site does not violate the intellectual property right, privacy rights, publicity rights, or any other rights of any third party.
ix. Viruses. We are not responsible for viruses and you must not introduce them.
e. Subscription Term, Termination, Suspension
i. Term and Renewal. Your initial subscription period will be specified in your Subscription Plan, and, your subscription will automatically renew on the renewal date. To prevent renewal of the subscription, the required notice must be provided within the timeframe as specified in Section 3(f).
The renewal pricing set forth in your Subscription Plan will apply, subject to adjustment as specified in Section 2(c). Our standard pricing available in the Settings section of the website on the date of renewal will apply. If you use our Free Services, we will make the Free Services available to you free of charge until earlier of (a) the date on which your free subscription is terminated or (b) the start date of your paid subscription.
ii. No Early Termination; No Refunds. The Subscription Term will end on the expiration date and the subscription cannot be cancelled early. We do not provide refunds if you decide to stop using the RYPT during your Subscription Term.
v. Suspension for Non-Payment. We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Plans seven (7) days after the service of such notice. We will not suspend the Subscription Plan while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Plan is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Plan.
vi. Suspension for Present Harm. If your use of the Subscription Plan: (i) is being subjected to denial of service attacks or other disruptive activity, (ii) is being used to engage in denial of service attacks or other disruptive activity, (iii) is creating a security vulnerability for the subscription service or others, (iv) is consuming excessive bandwidth, or (v) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the subscription service. We will try to limit the suspension to the affected portion of the Subscription Plan and promptly resolve the issues causing the suspension of the Subscription Plan. Nothing in this clause limits our right to terminate for cause as outlined above, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
vii. Suspension and Termination of Free Services. We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity.
3. Subscription Terms
a. Subscription Plans
We offer two Subscription Plans with different tiers within them based on the number of Users connected to the Gym:
- Free Plan
- Performance Plan
There are different terms that apply depending on the subscription you purchase.
The User and Trainer limits that apply to you will be selected by you and specified in your Subscription Plan.
For paid subscriptions, if we make modifications to the limits set forth in the plan that would negatively impact you, these modifications will not apply to you until the start of your next renewal Subscription Term. On renewal, the current product usage limits in our plans will apply to your subscription, unless you and we otherwise agree.
For our Free Subscription, we may change the limits that apply to your use at any time in our sole discretion without notice to you, regardless of whether or not these are used in conjunction with other products or services for which you pay us a fee.
You should purchase the appropriate tier of Subscription Plan for your anticipated needs. You may downgrade your subscription but the downgrade will not take effect until the start of your next renewal Subscription Term, as specified in Section 2(e).
We may modify the Subscription Plan from time to time, including by adding or deleting features and functions, in an effort to improve your experience.
For paid subscriptions, we will not make changes to the Subscription Plan that materially reduce the functionality provided to you during the Subscription Term.
For Free Subscriptions, we may make changes that materially reduce the functionality provided to you during the Subscription Term.
e. Customer Support
For paid subscriptions email questions can be submitted firstname.lastname@example.org. Email responses are provided during phone support hours only. We attempt to respond to email support questions within two business days. However, we do not promise or guarantee any specific response time. We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of RYPT representatives.
f. Notice of Non-Renewal
Your subscription will automatically renew according to Section 2(e). To prevent renewal of your Subscription Plan, you must downgrade/cancel your Subscription Plan in advance of the end of the Subscription Term.
4. General Legal Terms
a. Customer Data
ii. Aggregate Data. We may monitor use of the Subscription Plan by all of our customers and use the information gathered in an aggregate and anonymous manner. You agree that we may use and publish such information, provided that such information does not incorporate any Customer Data and/or identify you.
iii. Safeguards. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Customer Data.
b. RYPT’s Proprietary Rights
We encourage all customers to provide feedback on the Subscription Plan, provide suggestions for improving it, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Subscription Plan, without payment or attribution to you. For this reason, we ask that you not send us any feedback that you do not wish to assign to us.
c. Customer’s Proprietary Rights
You grant us the right to add your name and company logo to our customer list and Site.
g. Disclaimers; Limitations of Liability
i. Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SUBSCRIPTION PLAN, DATA MADE AVAILABLE FROM THE SUBSCRIPTION PLAN, OR RYPT CONTENT, FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION PLAN, AND RYPT CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SUBSCRIPTION PLAN, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ii. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES; PROVIDED THAT, THIS LIMITATION SHALL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES.
iv. Agreement to Liability Limit. YOU UNDERSTAND AND AGREE THAT WITHOUT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SUBSCRIPTION PLAN TO YOU.
v. No Medical Advice. THE CONTENT WE PROVIDE THROUGH THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY TRAINERS, OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF: (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. RYPT CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS OR EMERGENCIES, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE RYPT CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF RYPT CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US. RYPT IS NOT A HEALTHCARE PROVIDER OR BUSINESS ASSOCIATE OF A HEALTHCARE PROVIDER.
vi. No Responsibility for Trainers. You acknowledge that you are solely responsible for your selection of any Trainer, Gym or other third party you choose to assist you with your training, exercise, workouts, workout program, nutrition plan, meal plan, or fitness, and for any advice, coaching, training, or other services you receive from that Trainer.
iii. Relationship of the Parties. You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.
iv. Compliance with Laws. We will comply with all EU laws (where applicable) in our provision of the Subscription Plan, and our processing of Customer Data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all laws in your use of the Subscription Plan, including any applicable export laws.
vi. Notices. Notice will be sent to the contact address set forth herein, and will be deemed delivered as of the date of actual receipt.
- To us: Flamenco IL Holdings Limited t/a RYPT: 6, The Crescent, Galway, Ireland, H91 NHP3.
- To you: your address as provided in our RYPT subscription account information for you.
We may give electronic notices by general notice via the Subscription Plan and may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you or through the notifications center of the Subscription Plan. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you. You must keep all of your account information current.
Copyright 2019 RYPT. All rights reserved.