Simmply ACTIVE
Terms of Service

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. 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. 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: 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 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: 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. 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: 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:

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: 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: 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.