Terms of Service

1. Agreement to Terms

By downloading, installing, or using our applications ("Apps"), including FoxFit, or by visiting our website at skosco.com ("Website"), you agree to be bound by these Terms of Service ("Terms").

If you don't agree to these Terms, please don't use our Apps or Website.

These Terms do not affect your statutory rights as a consumer under the Consumer Rights Act 2015 or other applicable UK consumer protection legislation. Nothing in these Terms excludes or limits any rights you have under law that cannot be excluded or limited.

2. Who We Are

These Terms are between you and Some Kind of Company Limited (trading as Some Kind of Software Company) ("we", "us", "our"), a company registered in England and Wales.

Contact: [email protected]

3. Health and Fitness Disclaimer

Our Apps are workout tracking and logging tools. They are not medical devices, are not intended for any medical purpose, and do not provide medical advice, diagnosis, or treatment. This section explains what our Apps do and don't do, and what you're responsible for when using them.

3.1 Consult a healthcare professional

Before starting any exercise programme, changing your diet, or making any other changes that could affect your health, you should consult with a qualified healthcare professional, particularly if you have any pre-existing medical conditions, injuries, or health concerns.

3.2 Your responsibility for physical activity

Physical exercise involves inherent risks including, but not limited to, injury, illness, disability, or death. You are solely responsible for assessing whether any exercise is suitable for your physical condition and ability level. Our Apps do not assess your fitness, health status, or readiness to exercise, and you should not perform any exercise that is beyond your current ability level or that causes pain or discomfort.

3.3 No professional advice

Our Apps do not provide professional fitness, medical, nutritional, or health advice. Any workout templates, exercise suggestions, exercise alternatives, or data displayed in the Apps are for general informational purposes only and do not account for your individual physical condition, injuries, or limitations.

3.4 Medical advice takes priority

If you have received advice from a medical professional regarding your health, fitness, nutrition, or physical activity, that advice should always take priority over any information, data, suggestion, or insight provided by our Apps. Never disregard professional medical advice or delay seeking it because of something you have seen in the Apps.

3.5 Accuracy of data

While we strive to provide useful and reasonably accurate information, our Apps do not guarantee the accuracy, completeness, or reliability of any data displayed, including calorie calculations, exercise descriptions, muscle group classifications, rep counts, body measurements, or any other metrics. Calorie and energy expenditure estimates are approximations based on generalised formulas and may not reflect your actual energy expenditure.

3.6 Stop if you feel unwell

If you experience dizziness, pain, shortness of breath, or any other unusual symptoms during exercise, stop immediately and seek medical attention.

3.7 FoxFit-specific features

The following provisions apply specifically to features within FoxFit:

• Suggested weights: FoxFit may suggest starting weights for exercises based on general population data and information you provide during setup (such as your experience level, strength baseline, and approximate body weight). These suggestions are estimates only and are not personalised fitness advice. They do not account for your individual strength, injuries, mobility limitations, or medical history. You are solely responsible for selecting a weight that is safe and appropriate for you. If a suggested weight feels too heavy, use a lighter weight. If you are unsure what weight is appropriate, consult a qualified fitness professional.
• AI-generated insights: FoxFit Pro includes insights, suggestions, and analysis generated by automated systems. These may contain inaccuracies or suggestions that are not appropriate for your individual circumstances, and they do not constitute professional advice. You should verify any AI-generated insight before acting on it and should never rely on it for decisions affecting your health or safety.
• Cycle tracking: The cycle tracking feature is for personal logging purposes only and must not be relied upon for contraception, fertility planning, or the diagnosis of any medical condition. If you notice irregularities in your cycle data, consult a qualified healthcare professional.
• Body measurements: Body measurement tracking is for personal reference only. Changes in body measurements should not be used to self-diagnose any condition or as a substitute for professional health assessment.

Sections 3.1 to 3.6 above apply to all of our Apps. These limitations reflect the nature of our Apps as tracking tools, not health or fitness advisory services.

4. Limitation of Liability

This section explains the limits of our liability to you. Please read it carefully, together with section 3 (Health and Fitness Disclaimer) above.

4.1 What we do not exclude

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any matter for which it would be illegal for us to exclude or limit liability
• Your statutory rights under the Consumer Rights Act 2015 or other applicable consumer protection legislation

4.2 Our liability to you

Subject to section 4.1 above, our total liability to you for any claims arising out of or in connection with these Terms or your use of the Apps shall not exceed the greater of:

• The total amount you have paid to us for the Apps in the 12 months immediately preceding the claim; or
• Fifty pounds sterling (£50)

4.3 Types of loss we are not liable for

Subject to section 4.1 above, we shall not be liable for:

• Any loss or damage not caused by our breach of these Terms or our negligence
• Any loss arising from your reliance on data, insights, or suggestions displayed in the Apps for health, fitness, or medical decisions (see section 3 for the nature and limitations of information provided by our Apps)
• Loss or corruption of data stored in your iCloud account or elsewhere
• Any loss arising from circumstances beyond our reasonable control
• Any indirect, incidental, special, or consequential loss or damage

These limitations apply whether or not we have been advised of the possibility of such losses.

5. Using Our Apps

5.1 Eligibility

You must be at least 13 years old to use our Apps. If you are under 18, you confirm that you have obtained your parent or guardian's consent to use our Apps and that they have read and agreed to these Terms on your behalf.

5.2 Licence

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use our Apps on devices you own or control, solely for your personal, non-commercial use.

This licence does not transfer any ownership rights to you. We retain all rights, title, and interest in and to our Apps.

5.3 Your responsibilities

When using our Apps, you agree to:

• Use the Apps only for lawful purposes and in accordance with these Terms
• Not attempt to reverse engineer, decompile, disassemble, or derive the source code of the Apps, except to the extent permitted by applicable law
• Not copy, modify, adapt, or create derivative works based on the Apps
• Not distribute, sublicense, rent, lease, or lend the Apps to third parties
• Not use the Apps in any way that could damage, disable, overburden, or impair them
• Comply with all applicable laws and regulations

5.4 Your data

You retain ownership of any data you create using our Apps. As described in our Privacy Policy, your workout data is stored in your personal iCloud account using Apple's CloudKit framework. We do not have access to this data.

You are responsible for maintaining backups of your data. While iCloud provides redundancy, we recommend periodically exporting your data using the export feature in FoxFit. Our liability for loss or corruption of data is addressed in section 4.

5.5 Acceptable use of data and content

Data, reports, and insights generated by our Apps are for your personal informational use only. They must not be presented to others as professional fitness assessments, medical evidence, or clinical data. You are responsible for any content you create within the Apps, including custom exercises and workout templates.

6. Purchases and Subscriptions

6.1 In-app purchases

Some features of our Apps may require payment ("Premium Features"). All purchases are processed through the Apple App Store and are subject to Apple's terms and conditions. The price of any Premium Features will be displayed before you complete the purchase.

6.2 FoxFit Pro subscription

FoxFit Pro is offered as an auto-renewing annual subscription that provides access to Premium Features. Please note:

• Payment will be charged to your Apple ID account at confirmation of purchase
• Your subscription will automatically renew at the end of each year unless you cancel at least 24 hours before the end of the current period
• The subscription price will be displayed in the App before purchase, and you will be notified of any price changes before renewal
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• If you cancel your subscription, you will retain access to Premium Features until the end of your current billing period

6.3 Managing your subscription

You can manage your subscription and turn off auto-renewal at any time in your Apple ID Account Settings (Settings > [Your Name] > Subscriptions on your iOS device). Cancellation will take effect at the end of your current billing period.

6.4 Refunds

Payments are processed by Apple, not by us. To request a refund, please visit reportaproblem.apple.com. Refund eligibility is determined by Apple in accordance with their policies.

This does not affect your statutory rights. Under UK consumer law, if digital content is faulty, you may be entitled to a repair, replacement, or refund.

6.5 Lifetime purchases

Some features or content within FoxFit may be offered as a "lifetime" purchase option. Please note the following important information about lifetime purchases:

• Definition of "Lifetime": A "lifetime" purchase grants you access to the purchased feature or content for the lifetime of the FoxFit app or service, not for your lifetime or in perpetuity. This means your access continues for as long as we continue to offer and support FoxFit.
• What this means in practice: Your lifetime purchase remains valid for as long as FoxFit continues to operate as a product or service, the specific feature or content you purchased remains part of FoxFit, and your account remains active and in good standing.
• Discontinuation: We may discontinue FoxFit or specific features at any time for legitimate business reasons, including but not limited to changes in technology, market conditions, or commercial viability. If we permanently discontinue FoxFit entirely, your lifetime purchase will end at that point.
• Our commitment to you: In accordance with the Consumer Rights Act 2015, we will endeavour to provide you with reasonable value for your lifetime purchase. If we discontinue FoxFit or a lifetime feature within 12 months of your purchase, we will offer you a proportionate refund or suitable alternative where reasonably practicable.
• Transferability: Lifetime purchases are personal to you and linked to your Apple ID. They cannot be transferred to another person or account.
• Platform changes: Lifetime purchases are subject to the terms and policies of the Apple App Store. If Apple makes changes that affect how lifetime purchases work, we will communicate any impact to you.

This definition of "lifetime" is standard practice across the software and app industry and reflects the nature of digital products, which evolve and may eventually be replaced or discontinued.

7. Service Availability

We aim to provide a reliable service, but we cannot guarantee that our Apps or Website will be available at all times. The Apps may be temporarily unavailable due to:

• Scheduled maintenance (we will try to provide advance notice where possible)
• Unscheduled maintenance or emergency repairs
• Factors outside our reasonable control, such as internet outages, Apple service disruptions, or force majeure events

We reserve the right to modify, update, or discontinue the Apps or any features at any time. If we discontinue a paid feature, we will provide reasonable notice and, where appropriate, offer refunds or credits for any unused subscription period.

8. Third-Party Services

Our Apps integrate with third-party services, including:

• Apple iCloud (CloudKit): For storing your workout data
• Apple HealthKit: For reading and writing health data (if you enable this feature)
• Apple App Store: For distribution and payments

Your use of these third-party services is subject to their respective terms and conditions and privacy policies. We are not responsible for the availability, accuracy, or reliability of third-party services. For details about how your data is handled when using these services, please see our Privacy Policy.

8.1 Relationship with Apple

You acknowledge that these Terms are between you and Some Kind of Company Limited, not with Apple Inc. We, not Apple, are solely responsible for our Apps and their content. Apple has no obligation to provide maintenance or support for our Apps. If an App fails to meet any applicable warranty, you may notify Apple and Apple will refund the purchase price for that App to you (if applicable). Apple has no other warranty obligation regarding our Apps.

9. Accessibility

We are committed to making our Apps accessible. Details of our accessibility features are available on our accessibility page. If you encounter accessibility barriers, please contact us at [email protected].

Our accessibility statement describes our current capabilities and is not a guarantee that our Apps will be compatible with all assistive technologies in all configurations.

10. Intellectual Property

All intellectual property rights in our Apps, Website, and all associated content, features, functionality, graphics, logos, and trademarks are owned by or licensed to Some Kind of Company Limited.

"FoxFit", the FoxFit logo, and "Some Kind of Software Company" are trademarks of Some Kind of Company Limited. You may not use these trademarks without our prior written consent, except as necessary to refer to our Apps in an accurate, non-misleading manner.

Nothing in these Terms grants you any rights in our intellectual property except for the limited licence to use our Apps as set out in section 5.2.

11. Changes to Terms

We may update these Terms from time to time to reflect changes in our practices, technology, legal requirements, or for other reasonable business purposes.

When we make changes:

• We will post the updated Terms on this page and update the "Last updated" date
• For material changes, we will provide you with reasonable advance notice (at least 30 days) via email or an in-app notification before the changes take effect
• If you do not agree to the updated Terms, you may stop using our Apps before the changes take effect

Your continued use of our Apps after the updated Terms take effect constitutes your acceptance of the changes.

12. Termination

12.1 Your right to terminate

You may stop using our Apps at any time by uninstalling them from your devices. If you have an active subscription, please remember to cancel it through your Apple ID settings to avoid future charges.

12.2 Our right to terminate

We may suspend or terminate your access to our Apps if:

• You materially breach these Terms and, where the breach is capable of remedy, fail to remedy it within 14 days of us notifying you
• You engage in conduct that is unlawful, harmful to others, or that we reasonably believe may expose us to liability
• We are required to do so by law or court order

Where possible, we will give you reasonable notice before terminating your access, unless immediate termination is necessary to prevent harm or comply with legal requirements.

12.3 Effect of termination

Upon termination, your licence to use our Apps ends immediately. However:

• Your workout data remains in your iCloud account and is not affected by termination
• Sections of these Terms that by their nature should survive termination (including sections 3, 4, 10, and 14) will continue to apply

13. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, pandemics, or other acts of God
• War, terrorism, riots, or civil unrest
• Government actions, laws, or regulations
• Power outages, internet failures, or telecommunications disruptions
• Failures or disruptions of third-party services (including Apple's services)

14. Dispute Resolution and Governing Law

14.1 Resolving disputes

If you have a complaint or dispute regarding our Apps or these Terms, please contact us first at [email protected]. We will try to resolve any issues with you directly and promptly.

If we cannot resolve the dispute informally, you may be entitled to use alternative dispute resolution (ADR) services. For consumers in the UK, you may refer a dispute to an ADR provider certified by the Chartered Trading Standards Institute (CTSI). More information is available at www.citizensadvice.org.uk.

Nothing in this section limits your right to bring legal proceedings in court. If you are located outside the UK, you may also have access to local dispute resolution mechanisms available under the laws of your jurisdiction.

14.2 Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

Any disputes arising from these Terms or your use of our Apps shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

If you are a consumer resident in a jurisdiction where mandatory consumer protection laws apply, those laws will apply to the extent required by that jurisdiction, regardless of the governing law stated above. Nothing in these Terms deprives you of the protection of the mandatory provisions of the laws of your country of residence.

15. General Provisions

15.1 Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of our Apps, and supersede any prior agreements or understandings.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or other competent authority, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

15.3 No waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.

15.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to a third party (for example, in connection with a sale of our business), provided that this does not adversely affect your rights under these Terms.

15.5 Third-party rights

These Terms are between you and us. No other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

16. Contact Us

If you have any questions about these Terms, please contact us at [email protected].