Terms & Conditions

These Terms & Conditions ("Terms") govern your use of the Formerly mobile/web application (the "App"), operated by Oliver Cox & Perys Munns, trading as Formerly ("we", "us", "our"). By creating an account or using the App, you agree to these Terms.

Formerly is not open yet. These terms govern the app when it opens; joining the waiting list does not create an account and is covered by our Privacy Policy alone.

1. Eligibility

You must be at least 18 years old to use Formerly. By using the App, you confirm you meet this requirement.

2. Description of the Service

Formerly uses AI technology to analyse video of your exercise form and provide automated feedback and suggestions.

Important: Formerly's feedback is generated by artificial intelligence, not a certified personal trainer, physiotherapist, or medical professional. It is intended as a general guidance tool only.

3. AI Disclosure

Formerly's core functionality relies on artificial intelligence. Please read this section carefully.

• All form-check feedback, corrections, and suggestions you receive through the App are generated by an AI system, not by a human personal trainer, physiotherapist, or medical professional.
• AI-generated feedback is based on pattern recognition from video input and may be inaccurate, incomplete, or fail to identify risks to your safety. It is not a substitute for professional coaching or medical assessment.
• The AI system may make mistakes, including missing form errors or providing feedback that does not suit your individual physical circumstances (e.g. pre-existing injuries or conditions it is not aware of).
• You should use your own judgement when following any feedback and stop immediately if something feels unsafe, regardless of what the App suggests.
• We continuously work to improve the accuracy of our AI system, but we make no guarantee that its feedback is error-free at any given time.

By using the App's video analysis features, you acknowledge that you understand and accept the nature of AI-generated feedback as described above.

4. Health and Medical Disclaimer

• Formerly is not a medical device and does not provide medical advice, diagnosis, or treatment.
• Always consult a doctor or qualified healthcare professional before beginning any new exercise programme, particularly if you have any pre-existing health conditions, injuries, or concerns.
• If you experience pain, dizziness, or discomfort while exercising, stop immediately and seek medical advice.
• AI-generated feedback may be inaccurate or incomplete. You should use your own judgement and not rely solely on the App's feedback to prevent injury.

5. Assumption of Risk

Exercise carries an inherent risk of injury. By using the App, you acknowledge and accept that:

• You participate in physical activity based on the App's guidance at your own risk.
• We are not liable for any injury, loss, or damage arising from your use of the App or reliance on its feedback, except where such liability cannot be excluded under UK law (e.g. death or personal injury caused by our negligence, or fraud).

6. Video Upload and Consent

• By uploading video of yourself, you consent to its processing as described in our Privacy Policy.
• You confirm that any video you upload is of yourself, or that you have the right and permission to upload video of any other individual featured in it.
• You grant us a limited, non-exclusive licence to store and process your uploaded video solely for the purpose of providing the App's services to you. We do not claim ownership of your video content.
• You must not upload video containing any other person without their consent, or any content that is unlawful, offensive, or infringes another party's rights.

7. User Accounts and Obligations

You agree to:

• Provide accurate information when creating your account
• Keep your login credentials secure
• Use the App only for its intended purpose
• Not attempt to reverse-engineer, misuse, or disrupt the App or its AI systems

We reserve the right to suspend or terminate accounts that violate these Terms.

8. Intellectual Property

• All intellectual property in the App (excluding user-uploaded content) belongs to us.
• You retain ownership of any video or content you upload, subject to the licence granted in Section 6.

9. Limitation of Liability

To the fullest extent permitted by law:

• We are not liable for any indirect, incidental, or consequential damages arising from your use of the App.
• Our total liability to you for any claim arising from these Terms or your use of the App is limited to the amount you have paid us in the 12 months preceding the claim (or £100 if you are a free user).
• Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under English law.

10. Termination

While the app is in private development, you can request deletion of your account and data by emailing us at the address in section 13. Once the app opens, you will be able to delete your account from within the App settings. We may suspend or terminate your access if you breach these Terms, engage in unlawful conduct, or misuse the App.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via the App or email. Continued use after changes take effect constitutes acceptance of the updated Terms.

12. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Contact Us

Email: formerlyfitness@gmail.com