We Are Undefeatable App Terms of Use
These Terms of Use apply to your access to and use of the We Are Undefeatable App, powered by Good Boost, (the “App”) operated by Good Boost Wellbeing Limited (“Good Boost”) company number 11495760, 5th Floor, Broad Quay House, Bristol, BS1 4DJ, United Kingdom.
Your access to and use of the App and the information, materials, products, and services available through the App are subject to these Terms of Use for the We Are Undefeatable App, powered by Good Boost linked to your name and/or contact information (“Account”). In the event you access another Good Boost App using your Account, you are also acknowledging and accepting the Good Boost App Terms. Please see Section 25 Appendix, for more information.
Please read these Terms of Use carefully before using the App. If you choose to continue to use or access the App after having the opportunity to read these Terms of Use you agree to these Terms of Use. Please note, these terms apply to the App for exercises taking place in a private residence or at a public venue.
If you do not agree to be bound by these terms of use, you must not access or use the App.
1. Interpretation
The titles of the clauses in these Terms of Use are for reference purposes only and do not affect the interpretation of the underlying terms.
2. Changes to these Terms of Use
We may make changes to these Terms of Use at any time if we believe it is reasonably necessary to do so (including for security, legal or regulatory reasons). We will give you as much advance notice of this as is reasonably possible (and may do so by communicating the changes to you either when you log in to the App or by sending you notice using the contact information that you have provided to us and/or by any other reasonable means).
In some circumstances we may need you to download the latest version of the App and/or accept a new version of these Terms of Use before continuing to use the App. Your continued use of the App will constitute your acceptance of any new or amended terms and/or updates.
3. Personal Data
The personal data you provide is confidential and subject to the requirements of the Data Protection Act 1998 and the General Data Protection Regulation 2018. Personal data that is entered in to the App is controlled by Good Boost (the “controller” for the purposes of the General Data Protection Regulation 2018).
Good Boost works in partnership with an external app developer agency: Dev2Grow, R. Jacinto Joao 8A, 2910-301 Setúbal, Portugal, Portugal. Dev2Grow is a processor of user data. Good Boost and Dev2Grow have a data sharing and data authorisation agreement to restrict access to personal data to mitigate data risk. Good Boost works in partnership with 4Global (the “Processor”) to evaluate service delivery and Good Boost session attendance. 4Global Consulting Ltd, 5th Floor, Building 7, 566 Chiswick High Rd., Chiswick, London W4 5YG. 4Global is a processor of user data. Good Boost and 4Global have a data sharing and data authorisation agreement to restrict access to authorised personnel to mitigate data compromise risk. 4Global only use limited personal data (postcode, gender, year of birth) to complete social impact and social value analysis.
Age UK on behalf of the We Are Undefeatable campaign is a data processor for the We Are Undefeatable App. Registered charity number (1128267) and registered address; 7th Floor, One America Square, 17 Crosswall, London, EC3N 2LB
You agree for Good Boost to collect data about you including: personal contact and demographic details; health conditions and exercise/fitness information; and your levels of mental and physical function and mobility (impact/outcome measures).
You agree that your personal data will be used by Good Boost for the purposes of designing your exercise programme as detailed in the App.
Without permission to use your data, Good Boost is unable to create a personalised exercise programme for you and you will not be able and are not permitted to use the App. In this event any data about you entered into the App will be destroyed within 10 working days.
Your personal data will be used by Good Boost to measure and evaluate the effectiveness of Good Boost sessions and to track changes in your self-reported outcome measures.
You agree for your non-identifiable personal data to be shared with evaluation partners for the purposes of programme evaluation and clinical governance. We will only share your personal details (i.e. name, contact details) if you give additional permission for these to be shared.
To ensure external validation and safety review of Good Boost’s exercise apps, you agree that your non-personal identifiable/anonymised data can be used for service review, improvement and audit purposes by Good Boost and with evaluation partners as a Data Processor.
Your personal data will not be shared with any other third party other than the Processors listed above for the purpose of attendance statistical reporting, clinical evaluation and/or clinical governance without your permission. You have the right to view your personal data and/or withdraw consent for the use of your data for the purposes of research, clinical audit or clinical governance at any time. To do this, please contact Good Boost directly in writing at DPO@goodboost.org. For more details, please refer to the We Are Undefeatable / Good Boost’s Privacy Policy.
The App has the option to join groups on the app which are managed and run by individuals and organisations outside of Good Boost. When you join a group within the We Are Undefeatable App you will be required to review the terms and conditions for joining that group, which may involve the sharing of personal information, such as email address and name, which will be specific in the terms & conditions of joining that group. Additionally, joining a group will result in your data being used to create collective data report as a method of demonstrating the performance of the Good Boost system while you are a member of that group. No individually identifiable data will be included in the report to group admins.
If you are using the App and you have a health condition which puts you at risk of exercise participation this will be flagged during your registration and screening process during sign-up. It is your responsibility to enter information correctly and accurately and to respond to the suggestion in any pop-up flagged due to having a particular health condition. These suggestions may include seeking further medical advice before starting any App session. It is your responsibility to seek medical advice before continuing with an exercise programme in the App, and continuing to use the App without medical advice is not recommended and at your own risk.
4. Copywrite and Ownership
All of the content featured or displayed on the App, including but not limited to text, graphics, logos, photographs, images, moving images, sound, and illustrations protected by intellectual property law (together the “Content”), is owned by Good Boost. All of the content featured or displayed on the App provided by We Are Undefeatable or a charity partner of We Are Undefeatable, including but not limited to text, graphics, logos, photographs, images, moving images, sound, and illustrations protected by intellectual property law (together the “Content”), is owned by We Are Undefeatable and/or the representative charity.
Subject to clause 15, You must not use the App or any Content other than for its intended purpose. You accept that any use of the App or any Content for anything other than its intended purpose is done at your own risk and Good Boost will not be held liable for the results of any such improper use.
You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the App.
Except as authorised under applicable copyright law, you are responsible for obtaining our permission before reusing any copyrighted material that is available on the App. For purposes of these Terms of Use, the use of any such material on any other mobile application, website, or online service is prohibited.
You are responsible for complying with all laws which apply to you and your use of the App. The App, its Content, and all related rights will remain the exclusive property of Good Boost, We Are Undefeatable and charity partners. You must not remove any copyright, trademark, or other proprietary notices from material found on the App.
5. Trademarks
All trademarks, service marks, and trade names of Good Boost used as part of or in connection with the App (including but not limited to: the Good Boost name and the Good Boost corporate logo) (collectively “Marks”) are trademarks or registered trademarks of Good Boost, or its affiliates, partners, vendors, or licensors.]
All trademarks, service marks, and trade names of We Are Undefeatable, or charity partners, used as part of or in connection with the App (including but not limited to: the name and logo of We Are Undefeatable and charity partners corporate logo (collectively “Marks”) are trademarks or registered trademarks of We Are Undefeatable and/or charity partners, or its affiliates, partners, vendors, or licensors.
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Good Boost or We Are Undefeatable Marks in any way, including in advertising or publicity pertaining to the distribution of materials on the App, without Good Boost’s prior written consent. The use of Good Boost Marks on any other mobile application, website, or online service is not allowed. Good Boost prohibits the use of Good Boost Marks as a “hot” link on or to any other mobile application, website, or online service unless the establishment of such a link is approved in advance.
6. App
The App is being provided to you by Good Boost subject to the following terms. Good Boost grants you a non-exclusive, non-transferable, limited license to use the App only for the purpose of using the App. Except as specifically provided in these Terms of Use, you may not, in whole or in part: copy the App; distribute copies of the App, in whole or in part, to any third party; modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the App, except as otherwise permitted by law; use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the App to third parties; or use the App to act as a service bureau or application service provider, or to permit access to the App by any third party.
7. Accuracy of Information
We attempt to ensure that information on the App is complete, accurate, and current. Despite our efforts this may not always be the case. Subject to clause 15, You should not rely on any such information as an alternative to professional medical advice and reliance on any such information is at your own risk.
8. App for Informational Purposes Only
The information and Content provided on the We Are Undefeatable App is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The We Are Undefeatable app, powered by Good Boost has not represented that the information and Content provided through the App has the ability to diagnose disease, prescribe treatment, or perform any other tasks that constitute the practice of medicine. The information and Content provided by the App does not constitute a medical consultation and cannot replace medical advice. Please be aware that the limitation of the App means it is not possible to be completely familiar with your individual physical characteristics and health; any information you provide may not fully reflect the state of your health.
Engaging in light to moderate intensity exercise is safe and suitable for the vast majority of people living with a long-term health condition. However, if you have ever been advised by a medical professional not to take part in exercise, you should consult a health care professional for guidance prior to using the app.
If you have any questions or concerns regarding your medical condition and exercise, please consult a medical professional before taking part in an exercise programme provided by the App. Do not disregard professional medical advice or delay seeking medical advice because of something you saw or read on the App. If you think you may have a medical emergency, call the emergency services on 999, 911 or 112 immediately.
As with any exercise, it is important that you pace yourself, follow the suggested warm ups and cool down and make any other preparations which are necessary, such as ensuring the environment and equipment used is appropriate for you before engaging in exercise. If you experience an abnormal increase in pain, feel weak, dizzy or exhausted or become short of breath, immediately stop the exercise. Subject to clause 15, when you engage in physical activity, you assume all inherent risks.
9. Disclaimer
Engaging in light to moderate intensity exercise is safe and suitable for the vast majority of people living with a long-term health condition. Nonetheless, if you have any concerns of taking part in exercise, or you experience symptoms such as shortness of breath, dizziness, chest pain during daily, non-exercise activities, Good Boost recommends that you consult with a health care professional before increasing your exercise levels through the App.
The App is not a replacement for a health care professional, and represents no expertise in diagnosing, examining, or treating medical conditions. You should understand that when participating in any form of exercise or exercise programme, there is the possibility of physical injury or harm. If you engage in an exercise recommended by this App, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Good Boost Wellbeing Limited from any and all claims or causes of action, known or unknown, arising out of Good Boost Wellbeing Limited.
The information provided is not intended to be a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this App. Never rely on information on this App in place of seeking professional medical advice.
Good Boost Wellbeing Limited is not responsible or liable for any advice, course of treatment, diagnosis or any other information that you obtain through this App. In the event you have any concerns over your health condition and taking part in exercise, you are encouraged to consult with a health care professional with regard to the information contained on or through this App.
Where you are following the We Are Undefeatable app to complete exercises in a private residence / personal environment, you agree to ensure that the environment you complete your exercises and any equipment you use is safe and suitable for the exercises you perform. Good Boost will not be held liable for any injury as a result of your exercise environment or equipment used.
In the event you use the We Are Undefeatable app in a public venue, you agree to comply with all rules and safety regulations imposed by the public venue. Good Boost will not be liable for the result of any failure by you to follow such rules and safety regulations in the public venue. Good Boost will not be held liable for any injury as a result of your exercise environment or equipment used.
10. Your Provision of Information
When you provide information about yourself to us, including when you create an Account, you agree to:
- Provide accurate and current information about you and your state of health, and not to provide information that attempts to impersonate another individual; and
- To maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the App, and/or refuse any or all current or future use of the App or any part of it.
11. Your Conduct
You agree to comply with all laws, rules, and regulations applicable to your access to and use of the App. In addition, you agree not to:
- Take any action that interferes with the proper working of the App, compromises the security of the App, or otherwise damages the App or any materials or information available through the App;
- Attempt to gain unauthorised access to any portion or feature of the App, to any other systems or networks connected to the App to any of our or our service providers’ servers, or to any of the services offered on or through the App, including but not limited to by hacking, password “mining”, or any other unauthorised means;
- Probe, scan, or test the vulnerability of the App or any network connected to the App or bypass the authentication measures on the App or any network connected to the App;
- Use any automated means to collect information or content from or otherwise access the App, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
- Harvest or otherwise collect and store information about other users of the App, including e-mail addresses;
- Install any App, file, or code that is not authorised by the owner of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the owner of the computer or device.
- Interfere with or disrupt the operation of the App or server networks connected to the App, or disobey any requirements, procedures, policies, or regulations of networks connected to the App.
- Be respectful to other App users, this includes following any specified group and user terms of conduct, including not using any inappropriate words, language or media. Further details are provided in Appendix 24: Group Code of Conduct.
12. Registration and Passwords
You are required to register and obtain a login ID and strong password before being provided with access to the App. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or Account, whether authorised by you or not. You agree to notify us as soon as you are aware, or ought reasonably to be aware if that is earlier of any unauthorised use of your login ID, password, or Account, or any other breach of security involving access to the App through your account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or Account as a result of your failing to take reasonable steps to keep your account information secure and confidential.
13. Operation of the App and Termination of Agreement
We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice:
- Modify, suspend, or terminate operation of your access to the App, or any portion of the App, or the agreement between you and us under these Terms of Use, for any reason including but not limited to your violation of these Terms of Use; and
- Modify or change the App, or any portion of the App; (iii) interrupt the regular operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the App.
- On cancellation of the agreement under these Terms of Use for any reason:
- All rights granted to you under these Terms of Use will stop;
- You must immediately stop all activities authorised by these Terms of Use including your use of the App;
- You must immediately delete or remove the App from your device(s) and immediately destroy all copies, full or partial of the App then in your possession, custody or control and on request by us certify to us (or our nominee) that you have done so.
- You may cancel this agreement at any time without notice and for any reason by uninstalling the App. Uninstallation methods vary depending on your device. To uninstall the App, please use the application manager provided with your device or consult your device manual for reference.
- The section on Our Responsibility for Loss or Damage Suffered by You will continue to apply after this agreement under these Terms of Use ends.
14. Access to the App
Neither Good Boost, nor any of its respective affiliates guarantee that the functions contained in the App will be uninterrupted or error-free or that defects will be corrected.
We may suspend, withdraw, discontinue or change all or any part of the App without notice.
15. Our Responsibility for Loss or Damage Suffered by You
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We will not be liable for any loss or damage suffered by you to the extent that is attributable to your own fault, this includes the exercise environment or equipment you use. This includes use of the We Are Undefeatable app in private residents, a public venue or a third party location unconnected with Good Boost.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. Events Outside Our Control
Neither Good Boost nor you will be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, but not limited to: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion, or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labour unrest, including but not limited to, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
17. Governing Law and Jurisdiction of the Courts
These Terms of Use are governed by the laws of England and Wales. You can bring legal proceedings in respect of the App in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the App in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the App in either the Northern Irish or the English courts.
18. If a Court Finds Part of this Agreement Illegal, the Rest will Continue in Force
Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any paragraph or any part of any paragraph is unlawful or unenforceable, that paragraph or part-paragraph will be deemed, to the extent necessary, to be deleted. The remaining paragraphs will remain in full force and effect.
19. Non-Waiver
Any delay in enforcing this agreement does not constitute waiver by us and we reserve the right to be able to enforce it at a later date. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
20. Transfer of these Terms of Use
We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.
You may not transfer your rights and obligations under these Terms of Use to any other person or organisation.
21. Third Party Rights
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement by any person that is not a party to it.
22. Notice and Takedown
If you believe any material available via the App is defamatory, obscene, infringes intellectual property rights or is otherwise unlawful, you should notify us by providing written notice (the “Notice Procedure”).
When providing such a notice, please:
- Identify any rights that you claim have been infringed;
- Identify the offending material on the App, with enough detail so that we may locate it on the App;
- Include a statement by you identifying the reasons why you believe the material is defamatory, obscene, an infringement of intellectual property rights or otherwise unlawful and stating your belief that the information provided in your notice is accurate; and
- Provide your address, telephone number, and email address and your physical or electronic signature.
- We will respond promptly and may remove or disable access to the material complained of following the Notice Procedure.
Please address any such notices to:
info@goodboost.org
and in writing to:
Good Boost Wellbeing Limited
5th Floor Broad Quay House
Bristol
BS1 4DJ
23. Contact Us
If you have any questions about these Terms of Use, please contact us by e-mail at info@goodboost.org or by mail at the following address:
Good Boost Wellbeing Limited
5th Floor Broad Quay House
Bristol
BS1 4DJ
0203 488 4695
24. Appendix: Group Code of Conduct
The We Are Undefeatable group has similar features to social media apps, such as Facebook and WhatsApp, with the ability to post messages and the option to join virtual coffee mornings which may include the ability to join voice and video calls with other participants.
You will be joining a community of individuals with the shared goal of being more active though the We Are Undefeatable App. To ensure every group on the We Are Undefeatable app is positive and supportive, by joining a group you are agreeing to our ‘Positive and Supportive Code’ that we ask everyone to review.
Positive and Supportive Code
- I will be a considerate and respectful member of the group, being considerate and respectful to all We Are Undefeatable app participants and hosts.
- I will be mindful of the language I use. I will not use any expletive words or phrases, or use any language which could be offensive to another person or group.
- I will not share any media or images which could offend another person or group.
- I acknowledge that the groups focus is around peer-support in self-management of long term health conditions through exercise. Any message or content added to groups or chats must be centered around this support (and not for other purposes, such as political, religious or promotion of other non-related products/services)
The group admins will remove any group members who do not follow the Positive and Supportive Code for the Group.
25. Appendix: Use of Account for Accessing Good Boost App
In addition to developing and managing the We Are Undefeatable App, Good Boost works in partnership with community and leisure facilities with Good Boost Apps and provides other Good Boost App available on the Apple App and Good Play Store. You may use your log in (Account) details for the We Are Undefeatable App to access Good Boost Apps and services in community and leisure facilities that provide Good Boost and via Good Boost apps on the app stores.
If you use your log in at a community or leisure facility or on another Good Boost App/App, you acknowledge and accept that the App Terms & Conditions to use Good Boost apps in the community and leisure facilities and/or the Good Boost App. The Terms & Conditions can be found on the tablet computers delivering the Good Boost app in these facilities or on the Good Boost App or App. The terms are also available to access on the Good Boost website under ‘Terms & Conditions’, https://www.goodboost.ai/terms-conditions
If you use your Account to log in at a leisure or community centre delivering Good Boost, you further agree for your data to be shared as part of a collective data report with leisure operators if you are using the app in connection with a leisure centre as a method of demonstrating the performance of the Good Boost system. No individually identifiable data will be included in the report to leisure centres.
To monitor session attendance data at the leisure and community centres where you use your Account to log in and take part in Good Boost sessions, key demographic data (name, email, postcode, year of birth, gender) will be matched to leisure venue attendance records/client relationship management (CRM) data. This data can only be matched against information you have shared with the leisure venue when signing-up/registering with the leisure venue to take part in an activity at the leisure venue. No new information is shared, it will only be matched against existing data to ensure attendance data accuracy. This data will only be used to match for your attendance and activity at leisure or community centres delivering the Good Boost App for the purpose of programme evaluation and demonstrating the performance of the Good Boost system. This is achieved through working with the CRM database analysis organisation (4Global) as the Data Processor.
These Terms of Use were last updated on 5th of February 2025