Last updated February 25, 2019
In this Agreement unless the context otherwise requires, the following words and phrases shall have the following meaning:
“Agreement” means this Agreement between APLYFT and you including all Appendices annexed hereto if any, and any amendments to the same made in accordance with this Agreement;
“APLYFT Commission” means the commission due to APLYFT for the listing and promotion of your Services through the APLYFT Platform as set out in Clause 14 below;
“APLYFT Platform” or “APLYFT Application” means the APLYFT application available on iOS and Android.
“Athlete(s)” means the users of the APLYFT Platform benefiting from the Services as offered by you and promoted by APLYFT through the APLYFT Platform in accordance with terms and conditions of the APLYFT Platform, which shall include both users matched with you through the APLYFT Platform and users which you have invited to the APLYFT Platform;
“Coaching Bundle” means the pay-for functionality of the APLYFT Platform whereby Trainers may use the APLYFT Platform to coach and train their clients, tracking their data, and receive payment (optional), without creating an Expert Profile and becoming and Expert listed by APLYFT.
“Confidential Information” means any and all information relating to APLYFT’s business, financial affairs, operations, fitness experts, and users which (a) has been identified as confidential; (b) from the circumstances in good faith should be treated as confidential; or (c) the other party ought reasonably to know is confidential, such information including, without limitation, the terms and conditions of this Agreement;
“Intellectual Property Rights” means any and all rights in and/or to patents, trademarks, service marks, domain names, registered designs, moral rights, rights in database use, copyrights, inventions, trade secrets and other confidential information, know-how, business or trade names, get-up and all other intellectual property and rights of a similar or corresponding character anywhere in the world (whether or not the same are registered or capable of registration) and all applications and rights to apply for the protection of any of the foregoing;
“Marketing Material” means any marketing material exchanged between the Parties for the creation of the Expert’s APLYFT profile, and the promotion and marketing of you and your Services, including but not limited to (I) your professional photo, (ii) a copy of your legal identification card such as driving license or other appropriate document, (iii) a photo of the original copy of all of your certificates and degrees (“Credentials”), (iv) as well as any other information, description, biography, etc. that you would like to list on your profile on the APLYFT Platform;
“Personal Data” means any information or an opinion (including information or an opinion forming part of a database and whether recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion and includes all information which falls within the definition of "Personal Data" under any applicable law;
“Expert” means you, as a global fitness expert, who offers fitness-related, online coaching and training services; who creates an APLYFT Expert Profile and lists yourself as a fitness expert on the APLYFT Platform. You will have successfully passed the APLYFT fitness experts’ screening process, and attest to your qualifications by providing credentials, certifications, and/or other documentation and materials to APLYFT;
“Expert Profile” means your profile created on the APLYFT Platform for the promotion of you and your Services in accordance with the terms and conditions of this Agreement;
“Trainer” means any individual using the APLYFT Platform solely to coach and train clients by purchasing a Coaching Bundle. Trainers are not Experts and are not screened or interviewed by APLYFT. If Trainers wish to be listed by APLYFT, they must go through the process of creating an Expert Profile and passing APLYFT’s fitness experts’ screening process.
“Training Program” means an online fitness training program sold by you to the Athlete through the APLYFT Platform in consideration of the APLYFT Commission;
“Services” means the offering by you of fitness-related online coaching and training services through the offering of online coaching programs to be promoted on the APLYFT Platform, and which will be provided to Athletes through the APLYFT Platform following a booking process by the Athletes.
“Services of APLYFT” means any use of the APLYFT Platform, APLYFT application, or any associated content or functionality.
Unless the context otherwise clearly indicates, words used in the singular include the plural and words used in the plural include the singular.
In addition, you shall abide by the APLYFT community rules, and shall not:
The APLYFT Application shall be used by you only for the purposes set forth in this Agreement, namely, to coach your clients. You shall NOT:
copy the APLYFT Application, in whole or in part;
modify, correct, adapt, translate, enhance, or otherwise create derivative works or improvements of the APLYFT Application;
reverse engineer, dissemble, decompile, decode, or adapt the APLYFT Application, or otherwise attempted to derive or gain access to the source code of the APLYFT Application, in whole or in part;
lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the APLYFT Application (or any features or functionality of the APLYFT Application) available to any third party for any reason.