Terms of service

These terms of service (the “terms”) are the agreement between MoonBoots Consultancy UK Ltd (“MoonBoots”, “we”, “us” or “our”) and the business that signs up for Apogee Coach (“you” or “your”). Please read them carefully. By ticking the box when you sign up, or by using Apogee, you agree to them on behalf of your business.

Three other documents form part of these terms:

• our data processing agreement, which covers how we handle your clients’ personal data for you;
• our acceptable use policy, which sets out what Apogee may and may not be used for;
• our privacy notice, which explains how we use the personal data of the people who run your account.

1. About us and these terms

1.1 Apogee Coach (“Apogee”) is a white-label coaching platform provided by MoonBoots Consultancy UK Ltd. Our company details are shown at the top of this page. You can contact us at hello@apogee.coach.

1.2 Apogee is for businesses. You may only sign up for the purposes of your trade, business or profession, for example as a personal trainer, coach, studio or gym. By signing up you confirm that you are acting for a business and that you are at least 18 years old. Laws that protect consumers only do not apply to these terms.

1.3 If these terms and the data processing agreement conflict about your clients’ personal data, the data processing agreement takes priority. In every other case these terms take priority.

2. Words we use

2.1 “Account” means your Apogee account, including your coach dashboard and your clients’ app.

2.2 “Client” means anyone you invite to your app or who uses it, including your coaching clients, class members, parents of young clients and people on your mailing list.

2.3 “Client data” means the personal data about your clients and other people that you, your team or your clients put into Apogee.

2.4 “Your content” means everything you or your team put into Apogee other than client data, such as your brand, logo, plans, templates, exercise videos, forms and marketing copy.

2.5 “Modules”, “bundles” and “extras” mean the parts of Apogee you can choose, as described on our pricing page.

2.6 “Team member” means a person you give a coach login to.

2.7 “Subscription” means your paid plan, billed monthly or annually.

3. Your account

3.1 You must give accurate information when you sign up, including your name, business name, business address, email address and mobile number, and keep it up to date in your account.

3.2 You are responsible for your account and for everything done through it, including by your team members. Keep sign-in details private, use a strong password if you set one, and remove team members who leave. Tell us straight away at hello@apogee.coach if you think someone has used your account without permission.

3.3 You can add extra coach logins for a monthly charge, up to the limit shown on our pricing page. Each login is for one named person.

3.4 Your app is served at an address of the form yourname.apogee.coach until you connect your own domain. We may refuse or withdraw an address that is misleading, infringes someone else’s rights or is reserved for our own use.

4. The service

4.1 Apogee gives you a coaching app in your own brand for your clients, and a coach dashboard, with the modules in your plan. The features of each module are described on our website and may change over time as set out in clause 18.

4.2 There is no free trial. The demo on our website shows the app before you buy.

4.3 Inside the app your clients see your name, logo and colours rather than ours. Our name may appear in your app’s web address until you connect your own domain, and in your privacy notice, where the law requires us to be named as your data processor.

4.4 We provide help by email at hello@apogee.coach. We do not promise any particular response time.

4.5 Some features rely on services run by other companies. Clause 17 explains how.

5. Your business and your clients

5.1 You decide how you use Apogee with your clients, and you are responsible for your relationship with them. That includes your own terms with your clients, your prices, refunds, cancellation and class rules, and the coaching you provide.

5.2 You are the controller of your client data, and we process it for you as your processor under our data processing agreement. You must give your clients a privacy notice. The app provides a template filled in with your details, which you should check and adapt to your business.

5.3 You are responsible for holding the qualifications, insurance and safeguarding arrangements your services need, and for complying with the laws that apply to your business, including data protection, marketing, consumer and equality law.

5.4 If you coach people under 18, you must follow safeguarding good practice and use the app’s parent accounts, which give a parent access to their child’s records and to communication between you and their child. The app does not allow under-18s to upload progress or body photos.

6. Prices, billing and payment

6.1 Our prices are shown on our pricing page and in your account, in pounds sterling. We are not currently registered for VAT, so no VAT is added. If we register for VAT, we will tell you at least 30 days before we start adding VAT to your charges.

6.2 Your price depends on the modules, bundles and extras you choose. We always charge the cheapest valid combination, as our pricing page explains. Where we agree a different price with you in writing, such as a founding rate, that price applies instead.

6.3 You can pay monthly or annually. An annual plan is paid in advance and costs ten times the monthly price for twelve months.

6.4 We take payment by Bacs Direct Debit or by card on your billing date each month or year. If you pay by Direct Debit, you will receive advance notice of the amount and date of each payment, and your payments are protected by the Direct Debit Guarantee.

6.5 If you add a module or an extra during a billing period, it is available straight away and we charge for the rest of that period, pro rata, with your next payment. If you remove one, the change takes effect at the start of your next billing period and you keep it until then.

6.6 Group texts are charged at cost, monthly in arrears, at the rate on our pricing page. We review the rate each quarter and will tell you before it changes.

6.7 We email you an invoice for each payment. Any refund is shown on a credit note.

6.8 If a payment fails, we will email you and try again three days later. If it is still unpaid seven days after it was due, your account will be suspended: you and your clients can still sign in and see your data, but nothing new can be added until the payment is made. Your account is restored as soon as the payment succeeds.

6.9 We may change our prices. We will give you at least 30 days’ notice by email before a change affects you, and a change will not apply to an annual period you have already paid for. If you do not want to pay the new price, you can cancel before it takes effect.

7. Taking payments from your clients

7.1 Your clients pay you through your own Stripe account, which you connect to Apogee using Stripe Connect. Their payments go directly to your Stripe account. We do not hold your clients’ money and we do not charge a fee on your clients’ payments.

7.2 Your Stripe account is governed by your own agreement with Stripe, including Stripe’s fees for card and Direct Debit payments. We are not a party to that agreement and are not responsible for Stripe’s decisions, such as holding funds or closing an account.

7.3 You are responsible for your clients’ payments, including refunds, disputes and chargebacks, and for the rules that apply to a business collecting Bacs Direct Debits, such as honouring the Direct Debit Guarantee. Stripe sends your clients the mandate confirmation and advance notice of each Direct Debit, but the obligations as the business collecting the payments remain yours.

8. Cancelling

8.1 You can cancel your subscription at any time in your account. Cancellation takes effect at the end of the period you have paid for, and you can use Apogee as normal until then.

8.2 We do not refund payments for part of a period, including the unused part of an annual plan, unless the law requires it or we have made a mistake.

8.3 When your subscription ends, your account becomes read-only. You and your clients can still sign in, see your data and export it, but nothing new can be added.

8.4 After your subscription ends, you can ask us to delete your account and all your client data by emailing hello@apogee.coach. We will do so within 30 days of your request, apart from records the law requires us to keep, as our data processing agreement and privacy notice explain.

9. Suspending or ending your account

9.1 We may suspend your account, or end these terms by email, if:

(a) an amount you owe us remains unpaid 30 days after it was due;

(b) you seriously breach these terms, the acceptable use policy or the data processing agreement and, where the breach can be put right, you do not put it right within 14 days of our asking you to;

(c) we reasonably believe your use of Apogee is unlawful, puts other users or the service at risk, or exposes us to legal liability; or

(d) you become insolvent or stop trading.

9.2 Where it is reasonable to do so, we will tell you before we act and give you the chance to export your data.

9.3 We may stop providing Apogee altogether by giving you at least 90 days’ notice. If we do, we will refund anything you have paid for the period after the service stops.

9.4 Clauses that by their nature should continue after these terms end will continue, including clauses 8, 10 to 13, 19 to 21, 24 and 25.

10. Your content and client data

10.1 You own your content, and you or your clients own the client data. Nothing in these terms transfers ownership of them to us.

10.2 You give us a non-exclusive licence to host, copy, display, process and transmit your content and client data, only as needed to provide, secure and support Apogee for you and to meet our legal obligations. The licence ends when we delete the content.

10.3 You confirm that you have the rights needed to put your content into Apogee, and that our use of it under these terms will not infringe anyone’s rights. This includes your logo, photos, music in your videos and any exercise videos you upload or link to.

10.4 We may use anonymised, aggregated information about how Apogee is used, such as how many people use a feature, to run and improve the service. It never identifies you, your clients or anyone else.

10.5 We do not sell your content or client data, and we do not use them to train AI models.

11. Data protection

11.1 Our data processing agreement forms part of these terms and governs how we process client data for you.

11.2 Our privacy notice explains how we use personal data about you and the people who run your account, as a controller, for example to run your account and bill you.

12. Our intellectual property

12.1 We and our licensors own Apogee, including its software, design, the templates we provide, its documentation, and the Apogee name and logo. These terms give you the right to use Apogee during your subscription. They do not transfer any of our rights to you.

12.2 You must not copy, modify, reverse engineer or create derivative works from Apogee, except as the law allows, or use our name or logo without our written permission.

12.3 If you send us ideas or feedback, we may use them freely and without any obligation to you.

13. The exercise video library

13.1 If you add the exercise video library to your plan, you may use its videos within your Apogee app, with your own clients, while the add-on is active. The videos remain the property of their creator and are licensed to us.

13.2 You must not download, copy, share, sell or publish the library’s videos outside Apogee, or remove any credit from them. When the add-on or your subscription ends, the videos are no longer available in your app.

14. Setup services

14.1 We offer one-off setup services, described on our pricing page: done-for-you setup, website build-out and bespoke design. Fixed-price services are paid by card when you request them. Bespoke design is quoted first and starts once you accept the quote and pay.

14.2 Any timescale we give is an estimate. You agree to provide the information, materials and access we reasonably need, and to check and approve the work. Time spent waiting for you does not entitle you to a refund.

14.3 Content you provide stays yours. You may use the designs and templates we create for you within Apogee during your subscription. We may reuse general know-how, layouts and code in our work for others, but never your brand or your content.

14.4 If we cannot deliver a setup service you have paid for, we will refund the amount for the part not delivered.

15. Health, safety and professional judgement

15.1 Apogee is software for running a coaching business. It does not give medical, nutritional, physiotherapy or other professional advice, and it is not a medical device.

15.2 You remain responsible for your clients’ safety and for your professional judgement, including reviewing PAR-Q answers and other screening, deciding whether a client should see a medical professional, and the plans, sessions and advice you give.

15.3 Some figures in the app are estimates, such as food figures worked out by AI from a client’s description or screenshot, and data from wearable devices. Treat them as a guide, check anything that matters, and correct figures where needed. You can override any AI estimate in the app.

16. Acceptable use

16.1 You must use Apogee in line with our acceptable use policy, and make sure your team members and clients do too.

17. Other companies’ services

17.1 Apogee works with services run by other companies, including Stripe for payments, wearable device makers when a client connects a device, and YouTube or Vimeo where you link to a video. Your use of those services may be subject to their own terms. We are not responsible for services we do not control. The providers that help us run Apogee are listed in our data processing agreement.

18. Changes to the service

18.1 We keep improving Apogee, and may add, change or remove features. If we remove or materially reduce a feature you pay for, we will tell you at least 30 days in advance where we reasonably can. You may then cancel before the change takes effect, and we will refund anything you have paid in advance for the period after it.

18.2 We aim to keep Apogee available at all times, but we do not guarantee that it will be uninterrupted or free of errors. We may need to carry out maintenance, and the service may be affected by events outside our control.

18.3 We back up our databases daily. You should still export the records that matter to your business from time to time.

19. Our liability to you

19.1 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that the law does not allow us to limit or exclude.

19.2 Subject to clause 19.1, we are not liable for any loss of profits, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss, however it arises.

19.3 Subject to clause 19.1, our total liability to you under or in connection with these terms, in any 12-month period, is limited to the greater of £100 and the total you paid us in the 12 months before the event that gave rise to the claim.

19.4 We are not responsible for losses caused by your content, by inaccurate client data, by following your instructions, by services we do not control, or by your breach of these terms.

19.5 Except as these terms set out, all warranties, conditions and other terms implied by law are excluded to the extent the law allows.

20. Your responsibility to us

20.1 You will compensate us for losses, damages, costs (including reasonable legal costs) and claims arising from a claim by one of your clients about the services you provide to them, from your content infringing someone’s rights, or from your breach of the acceptable use policy or of data protection law in relation to client data. We will tell you promptly about any such claim and let you take part in how it is handled.

21. Confidentiality

21.1 Each of us will keep the other’s confidential information confidential and use it only for the purposes of these terms, unless the law requires it to be disclosed. This does not apply to information that is public, or that the other already held lawfully.

22. Events outside our control

22.1 We are not responsible for delays or failures caused by events outside our reasonable control, such as outages at our hosting or payment providers, internet failures, strikes, fire, flood or government action. We will tell you and do what we reasonably can to reduce the effect.

23. Changes to these terms

23.1 We may update these terms. We will email you at least 30 days before a change that materially affects you takes effect, and the date of the latest version is shown at the top of this page. If you do not agree to a change, you may cancel before it takes effect. If you keep using Apogee after that date, the new terms apply.

23.2 We may make changes that the law requires, or that do not disadvantage you, with shorter notice.

24. General

24.1 These terms, with the documents they refer to and any price we agree with you in writing, are the whole agreement between us about Apogee and replace any earlier discussions. You have not relied on anything not set out in them.

24.2 We may transfer our rights and obligations under these terms to another organisation, for example if Apogee is sold, and will tell you if we do. You may transfer yours only with our written consent.

24.3 We will send notices to the email address on your account. You can send notices to hello@apogee.coach. A notice sent by email is treated as received on the next working day.

24.4 If a court decides that part of these terms cannot be enforced, the rest continues to apply.

24.5 If we delay in enforcing these terms, we can still enforce them later.

24.6 Nothing in these terms creates a partnership, joint venture or employment relationship between us. No one else has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

25. Law and disputes

25.1 These terms, and any dispute or claim arising from them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

25.2 If you have a complaint, please email hello@apogee.coach first, so that we can try to put it right.