User Agreement
Last Reviewed/Dated: 04/04/2025
1. Contact Information
Trading Name: Simmply Active
Mailing Address: 47, Crouch Street, Colchester, CO3 3EN, England
Email: d.simmons@simmplyactive.com
Website: www.simmplyactive.com/contact
2. Core Agreement & Account Terms
2.1. Acceptance of Terms
By agreeing to this policy the user understands they are entering into a legally binding contract by downloading,
accessing or using the app after confirming agreement to this policy. The user understand that by agreeing to this
policy they agree that continued use after changes constitutes acceptance of modified terms where legally
applicable.
2.2. Eligibility and Account Registration
The user understands that the following terms must be met for account registration on the Simmply Active Rewards
App;
behaviour in contradiction to these requirements will result in action being taken to remove the account and
potential
legal action being taken in the case of attempt fraud of rewards.
- One account per person - no sharing or transfer
- Must provide accurate, current information
- Geographic restrictions for rewards program
- Possible restrictions for temporarily available awards set out by organisers.
2.3. Account Security and Responsibilities
The user is solely responsible for all activity under their account and must inform Simmply Active immediately of
unauthorized access to the user’s account. Failure to comply with this clause in this agreement will result in
account
suspension. Furthermore the user understands that we may suspend accounts suspected of fraudulent activity or any
other
activity against the user agreement within this policy. User have the right to appeal suspensions accounts by
contacting
our support team.
2.4. Modification and Termination of Service
Further to the previous section we reserve right to modify, suspend, or discontinue any aspect of the app at any
time;
Simmply Active will provide reasonable notice for material changes affecting rewards.
3. Use of the App & Core Features
3.1. License to Use the App
Simmply Active grants the user limited, revocable, non-exclusive license for personal use only the user has no right
to
copy, modify, reverse engineer, or create derivative works.
3.2. Acceptable Use Policy
Simmply Active reserves the right to change acceptable use within notice as explained in the acceptance of terms.
The
user understands that non-adherence to the following rules wil lresult in forfeiture of points awarded in the app
and up
to the discretion of Simmply Active permanent account suspension.
- No GPS spoofing, falsifying run data, or using vehicles
- No automated scripts, bots, or cheating mechanisms
- No commercial use without permission
- No attempts to compromise app security
3.3. Fitness and Health Disclaimer
Simmply Active doesn’t provide medical advice; any information provided by Simmply Active to the user related to
exercise performance is strictly considered fitness advice.
Before participating the Simmply Active Awards app or any of the rewards granted which pertain to exercise users
should
consult medical professional if any of the following medical conditions affect them:
- history of cardiac problems in your family
- previous experience of cardiac problems and/or felt pain in your chest while exercising
- been diagnosed with hypertension (high blood pressure)
- been diagnosed with hypotension (low blood pressure)
- been diagnosed with high cholesterol
- joint or bone problems such as arthritis or osteoporosis
- frequent lower back pain
- bleeding conditions
- neurological disorders such as epilepsy
- history fainting or frequent experience dizziness
- diabetes or any other metabolic condition
- been proscribe medication you are currently taking
- are pregnant or have given birth in the last 6 months
- smoke tobacco or any other nicotine products
- drink more than the recommended weekly allowance of alcohol
- any other physical conditions that might affect your ability to take part in exercise
Simmply Active is not responsible for injuries sustained during activities tracked by the app.
3.4. Location and GPS Services
The Simmply Active Rewards app requires constant location access while running the location data accuracy depends on
device and environmental factors. By agreeing to this policy and use of the app as outlined in the acceptance of
terms
the user consents to collection and use of location data as described in Privacy Policy.
4. Rewards Program Specifics
4.1. Rewards Program Overview
By use of the Simmply Active Rewards app the user understands that program participation is optional but subject to
these terms: program void where prohibited by law Points have no cash value and are not transferable.
4.2. Earning Points and Rewards
- The user understands that reward points are earned and subject to the following condition.
- Points awarded only for verified activities through official app tracking
- We are sole arbiter of what constitutes valid activity
- Right to audit and adjust points for suspected fraud
- Points may expire after specified period depending on the activity or promotion they were earned in the
duration
of.
- Specific earning rates for different activities
4.3. Redeeming Rewards
By participating in the Simmply Active Rewards app the user understand that rewards relating to points earned are
subject to the following conditions:
- Rewards subject to availability
- No cash equivalents or substitutions
- User responsible for any taxes on rewards
- Processing time for rewards
- No returns or exchanges on digital rewards
4.4. Program Modifications and Termination
The user understands that Simmply Active may modify, suspend, or terminate the rewards program at any time in the
case
of termination Simmply Active will provide 30 days' notice for material adverse changes.
Upon program termination the user understands that they will have 90 days to redeem accumulated points subject to
the
terms in the redeeming rewards section.
5. Financial & Commercial Terms
5.1. Subscriptions and Payments
5.1.1. No Warranty on Premium Features
Access to Premium features is provided "as is." Simmply Actives does not guarantee that Premium features will be
available without interruption or error, or that they will meet specific expectations.
5.1.2. Premium Subscription Plans
The Simmply Active Rewards app offers certain enhanced features and content through paid subscription plans
("Premium"
or "Pro" plans). By purchasing a subscription, the user agree to the following terms. Simmply may offer various
subscription tiers (e.g., monthly, annual) with different features and pricing, all of which will be clearly
disclosed
before purchase.
5.1.3. Automatic Renewal and Billing Cycles
The user understands that their subscription will automatically renew at the end of each billing cycle unless
canceled
before the renewal date. The user authorises us (or our authorized third-party payment processor, such as Apple or
Google) to charge the applicable subscription fee to your designated payment method at the beginning of each renewal
period.
- Monthly Plans: Renew every 30 days.
- Annual Plans: Renew every 365 days.
- Other Periods: As specified at the time of purchase.
The user understands it is their responsibility to ensure their payment information is current and valid. Simmply
Active
are not responsible for any failed subscription renewals due to outdated or invalid payment details, which may
result in
loss of access to Premium features.
5.1.4. Price Changes
Simmply reserves the right to adjust subscription fees at any time. We will provide you with at least 30 days'
notice of
any price increase affecting subscriptions. The notice will be sent to the email associated with the user’s account
and/or displayed prominently within the App. If a subscription is not canceled before the price change takes effect,
continued use constitutes acceptance of the new rate.
5.1.5. Cancellation and Refunds
The user may cancel auto-renewing subscription at any time through device account settings. Cancellation must be
completed at least 24 hours before the end of the current billing period to avoid the next charge. Cancelling a
subscription turns off auto-renewal but does not provide a refund for the current period; the user will retain
access to
Premium features until the end of the paid period. All purchases are final, and Simmply Active does not provide
refunds
or credit for partially used subscription periods, except where required by applicable law. If you believe you are
entitled to a refund under local law, please contact our support team.
5.1.6. Free Trials and Promotional Offers
Simmply Active may offer free trial periods or promotional subscription rates. The user understands that they must
cancel the subscription before the trial or promotional period ends to avoid being charged the standard subscription
fee.
Simmply Active reserve the right to revoke any trial or promotion if we the user determine ineligible. Only one
trial
offer per user is permitted.
5.1.7. Payment Processor Terms
All financial transactions are handled by third-party payment processors (e.g., Apple, Google, Stripe). The user
agrees
to comply with their terms and conditions and privacy policies. Simmply Active will not store full payment card
details
on our servers. Any issues related to billing, payment errors, or disputes must be resolved directly with the
applicable
payment platform in accordance with their policies.
Users can find more information about the use of your payment information and handling of it in our privacy policy.
5.2. Third-Party Products and Services
Simmply Active is not responsible for third-party products, services, or sponsored challenges which are subject to
sponsor's separate terms. The user understands that use of third-party services at their own risk.
The Simmply Active Rewards app may display, link to, or integrate with content, products, services, websites, and
applications provided by third parties, including but not limited to:
- Health Data Platforms: Apple HealthKit, Google Fit, Garmin Connect, Fitbit
- Social Media & Fitness Platforms: Strava, Facebook, Instagram
- Mapping Services: Mapbox, Google Maps
- Sponsored Challenges and Rewards: Offered by brand partners and sponsors
- Analytics and Advertising Networks
5.2.1. Disclaimer of Responsibility
Simmply Active does not endorse, control, or assume responsibility for any third-party content, products, services,
or
practices. By agreeing to this policy the user understands that use of or interaction with any third-party offering
is
solely between the user and the applicable third party. Simmply Active is not a party to, and will not be
responsible
for monitoring, any transaction between the user and third-party providers.
5.3. Intellectual Property Rights
The Simmply Active Reward app, including all source code, databases, software, designs, audio, video, text,
photographs,
graphics, logos, and all intellectual property rights therein, are the exclusive property of Simmply Active. The App
is
protected by, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.3.1. Limited License to You
Subject to the user’s ompliance with these terms, Simmply Active grant a limited, non-exclusive, non-transferable,
non-sublicensable, revocable license to:
- Download and install a copy of the App on a mobile device the user owns or controls.
- Access and use the App and Service Content for personal and non-commercial use.
6. Legal Protections & Disputes
6.1. Disclaimers and Limitations of Liability
The user understands by agreeing to this policy that the Simmply Active Reward app is provided “as available” and
“as
is”; the user understands that Simmply Active:
- No warranty of uninterrupted or error-free service
- Not liable for data loss or inaccurate GPS tracking
- Not liable for third-party conduct
- Maximum liability limited to fees paid in last 6 months
Some jurisdictions don't allow these limitations; the user must seek advice if they believe one of the terms in not
relevant to their jurisdiction, agreement with this policy doesn’t mean that the user agrees to terms which are not
legal in their jurisdiction.
Simmply Active does not waive liability for gross negligence or willful misconduct.
6.1.1. Informal Resolution Process
If the user has any complaint, dispute, or claim arising out of or relating to these terms, the Simmply Active
Rewards
app, or the service (a "dispute"), you agree to first contact Simmply Active to attempt to resolve the Dispute
informally.
Please send a written notice outlining your dispute by whichever means to the contact details at the beginning of
this
policy with "complaint" in the subject line. Simmply Active will acknowledge the user’s complaint within 5 business
days
and use reasonable efforts to resolve it within 30 days of receipt. Both parties agree to act in good faith during
this
informal resolution period.
6.1.2. Right to Pursue Legal Action
If dispute is unable to be resolved through the informal process described above, you may pursue your claims in
court.
These terms do not restrict the user’s statutory rights as a consumer under uk law, including the right to bring
proceedings in the courts of their country of residence.
6.2. Jurisdiction and Applicable Law
6.2.1. For Consumers
If the user is a consumer residing in the United Kingdom, these terms and any dispute will be governed by the laws
of
England and Wales, Scotland, or Northern Ireland (depending on your country of residence). The user may bring legal
proceedings in local courts, which have mandatory jurisdiction.
6.2.2. For Businesses
If the user is using the App for business purposes, the user agrees that these terms are governed by the laws of
England
and Wales, and any Dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.
6.2.3. Alternative Dispute Resolution (ADR) for Consumers
As a consumer, the user may have access to alternative dispute resolution services provided by an approved body.
Simmply
Active are willing to participate in such ADR procedures if they are applicable and appropriate. Information about
certified ADR providers in the UK is available from the following resources:
- EU Online Dispute Resolution Platform: https://ec.europa.eu/consumers/odr/
- Chartered Trading Standards Institute: www.tradingstandards.uk
- The Retail Ombudsman: www.theretailombudsman.org.uk
6.2.4. Class Action Waiver (UK Businesses Only)
If the user is using the app for business purposes, the user agrees that they may only bring claims against us in
your
individual capacity and not as a member of any class, collective, or representative action. This waiver does not
apply
to consumers, whose statutory rights cannot be restricted.
6.2.5. No Attorney's Fees
Unless otherwise ordered by a court or required by statute, each party shall bear its own legal costs and expenses
incurred in connection with any Dispute, regardless of outcome.
7. General Provisions
7.1. Termination of Account
Simmply Active holds the right to terminate any account which has violated terms set out in this policy, suspend any
account deemed to our own discretion to be fraudulent; upon termination all points and rewards may be forfeited
subject
to Simmply Active’s discretion.
7.2. Survival of Terms
By agreeing to this policy the user understands that terms relating the the legal responsibilities of Simmply Active
and
agreements of future legal action between the user and Simmply Active survive termination of contract.
7.3. Severability
If any terms in this policy are proven to be invalid or not subject to the user based on their jurisdiction; this
does
not imply an exit from the contract as a whole all terms except those proven invalid the user agrees remain in
effect.