Draft for legal review
A starting point for your solicitor to review and adapt — not legal advice. Placeholders are marked [LIKE THIS]. Pay particular attention to the liability and assumption-of-risk clauses, which matter a great deal for a combat-sports training product.
These Terms of Service ("Terms") are a legal agreement between you and [LEGAL ENTITY NAME] ("we", "us", "our") governing your use of the MMA Pathway mobile application and mmapathway.com (together, the "Service"). By downloading, accessing or using the Service you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least [16] years old to create an account. If you are under the age of majority where you live, you may only use the Service with the consent and supervision of a parent or guardian who agrees to these Terms.
2. Your account
- You agree to provide accurate information and keep it up to date.
- You are responsible for keeping your login credentials confidential and for all activity under your account.
- Notify us promptly at support@mmapathway.com of any unauthorised use.
- One person per account. Do not share, sell or transfer your account.
3. Health, safety and assumption of risk
Read this section carefully.
- The Service provides general training and performance information. It is not medical advice, and it is not a diagnosis, treatment, or a substitute for a qualified coach, physician or physiotherapist.
- Consult a physician before beginning or significantly changing any training programme, particularly if you have an existing injury or medical condition.
- Mixed martial arts and combat-sports training involve inherent and significant risks, including serious injury, permanent disability and death. You voluntarily accept those risks.
- Techniques described in the Service should only be practised under the supervision of a qualified instructor in an appropriate environment with appropriate equipment and a willing training partner.
- Recommendations produced by the Service — including weight class, body type and stylistic guidance — are informational estimates generated from the measurements you provide. They are not guarantees of performance, safety or competitive outcome.
- Stop immediately and seek medical attention if you experience pain, dizziness, breathlessness or any concerning symptom.
4. Accuracy of your measurements
The Service depends on the measurements you enter. Inaccurate measurements will produce inaccurate outputs. You are responsible for measuring correctly and for reviewing your data. We do not verify the information you provide.
5. Licence
We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial training use, subject to these Terms.
6. Acceptable use
You must not:
- copy, reproduce, distribute, publicly display or create derivative works from Service content except as expressly permitted;
- reverse engineer, decompile or attempt to extract source code, models or datasets;
- scrape, crawl or bulk-download content, or use bots or automated means to access the Service;
- circumvent security, rate limits, paywalls or access controls;
- upload malicious code, or interfere with or overload our infrastructure;
- impersonate any person, or misrepresent your affiliation;
- use the Service for any unlawful purpose, or to coach or instruct third parties commercially without our written permission.
7. Purchases and subscriptions
The app is free to download. Some features may require a one-off purchase or a subscription [DESCRIBE YOUR PAID TIERS, PRICES AND BILLING PERIODS].
- Purchases are processed by Apple or Google under their own terms. Billing, renewal and refunds are handled through your app-store account.
- Subscriptions renew automatically until cancelled. Cancel at least 24 hours before the end of the current period via your App Store or Google Play settings.
- Except where required by law, or by Apple's or Google's policies, payments are non-refundable.
- UK and EU consumers may have a statutory right to cancel within 14 days; where you access digital content immediately, that right may be lost. [CONFIRM WITH YOUR SOLICITOR.]
- We may change prices with reasonable advance notice. Changes do not affect the period you have already paid for.
8. Your content
You retain ownership of the data and content you submit ("Your Content"). You grant us a worldwide, royalty-free licence to host, store, reproduce and process Your Content solely to operate, secure and improve the Service, and to produce aggregated, anonymised statistics that do not identify you.
9. Intellectual property
The Service, including its software, design, text, graphics, illustrations, the MMA Pathway name and logo, and all training frameworks and methodologies, is owned by us or our licensors and is protected by intellectual property laws. These Terms grant you no rights in our trade marks or branding.
10. Third-party services
The Service may link to or integrate with third-party services (for example Apple Health, Google Fit or the app stores). We are not responsible for third-party services, and their own terms and privacy policies apply.
11. Availability and changes
We aim to keep the Service available but do not guarantee uninterrupted access. We may modify, suspend or discontinue features, or the whole Service, at any time. Where a change is material and adverse to paying users, we will give reasonable notice.
12. Suspension and termination
You may stop using the Service and delete your account at any time via the app or our deletion request page. We may suspend or terminate your access if you breach these Terms, if we reasonably suspect fraud or abuse, or if required by law. Sections that by their nature should survive termination will do so.
13. Disclaimers
To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Service will be error-free, secure, uninterrupted, or that its outputs will meet your requirements or improve your performance.
14. Limitation of liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, nor for loss of profits, goodwill, data or anticipated savings, however caused.
Our total aggregate liability arising out of or relating to the Service is limited to the greater of [the amount you paid us in the 12 months before the claim] or [GBP 100].
Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.
15. Indemnity
You agree to indemnify and hold us harmless from claims, damages, losses and reasonable legal costs arising from your breach of these Terms, your misuse of the Service, or your infringement of any third-party right.
16. Governing law and disputes
These Terms are governed by the laws of [ENGLAND AND WALES], and the courts of [ENGLAND AND WALES] have exclusive jurisdiction, without affecting any mandatory consumer protections available to you where you live. [IF YOU HAVE US USERS, DISCUSS WHETHER TO ADD AN ARBITRATION AND CLASS-ACTION-WAIVER CLAUSE.]
17. Apple and Google
These Terms are between you and us, not Apple or Google. Apple and Google are not responsible for the Service or for support, and they are third-party beneficiaries entitled to enforce these Terms against you. Your use must comply with the applicable app-store terms of service.
18. Changes to these Terms
We may update these Terms. We will update the "Last updated" date and, for material changes, notify you in the app or by email. Continuing to use the Service after changes take effect means you accept the revised Terms.
19. General
These Terms are the entire agreement between us regarding the Service. If a provision is found unenforceable, the rest remains in force. Our failure to enforce a right is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or asset sale.
20. Contact
[LEGAL ENTITY NAME]
[REGISTERED ADDRESS]
Email: support@mmapathway.com