Brekkie for gyms: the agreement

1. What this is and who it is between

This agreement is between TBS Labs LTD (“we”, “us”) and the gym or coaching business that sets up a gym in the Brekkie portal (“you”). You are a business, so this is not a consumer agreement.

You accept it by ticking the box when you set up your gym. If you accept for a business, you confirm that you can accept for it. It applies to you and to everyone on your team.

It sits alongside our Terms of Use, our Privacy Policy and the programme feed rules. Where a member’s information is concerned, the Privacy Policy tells members what you see.

2. What Brekkie for gyms does

You run programmes with a start and end date, and invite people to them with a QR code or link. A person asks to join, and you decide. Some programmes have a feed. Members choose to join and can leave at any time.

Before you see anything, the member agrees in the app, on a screen that names your gym and lists what you will see. You then see everything the member logs while they are on your programme: each food by meal with times and amounts, any photo on a log, totals against their goals, and weight check-ins.

• You see it from the day you confirm them, or the day the programme starts if that is later. You see it until the programme ends, and for 14 days after.
• You do not see their email address, their Ask Brekkie chats, or anything from before they joined.
• If a member leaves, you can no longer open their diary. We can’t undo what you have already seen.

We aim to keep Brekkie running, but we don’t promise that it will always be available or free of errors.

3. Who is responsible for what

For what members log in Brekkie, Brekkie and your gym are each responsible, separately, not jointly. Neither of us acts on the other’s behalf. We decide how Brekkie works and what it shows you. You decide how you use what you see, within this agreement.

For what you add yourself, such as your programme details, your team list and your posts, you are responsible and we handle it for you to run the service.

Members agree in the app before you see anything, and we keep the record of that agreement.

4. What you may do with what you see

• Use it only to coach that member on your programme.
• Do not pass it on to anyone, and do not use it for marketing.
• Stop using it when a member leaves or the programme ends.
• Keep it in Brekkie. Do not copy, export or screenshot a diary.
• If you have made notes about a member, delete them when the member leaves or 14 days after the programme ends, unless the law requires you to keep them.

5. Looking after members

• Brekkie is for adults. Only invite people aged 18 or over.
• Never pressure a member about their food, weight or body.
• Do not ask anyone to eat below Brekkie’s minimums: 1,200 calories a day for women and 1,500 for men.
• Do not rank or shame members.
• If a diary worries you, speak to the member kindly and point them to their GP, to Beat in the UK or to Bodywhys in Ireland. Brekkie does not monitor members’ health for you.
• Joining must be the member’s free choice. Do not make it a condition of gym membership or employment.

6. Your coaching is yours

You are responsible for the advice you give and for your arrangements with members, including anything they pay you. Brekkie’s numbers are estimates. They are not medical or dietetic advice, and you will not present them as such.

You and your coaches hold the qualifications and insurance your work needs. We do not check them.

7. Your team

• Each gym has an owner. Owners add and remove coaches, decide who joins a programme and can remove members. Coaches can see members’ diaries and use the feed, but can’t confirm, decline or remove members.
• The owner answers for what the team does in Brekkie.
• Each coach signs in as themselves. Do not share a sign-in.
• Remove people from your team when they stop working with you.
• We record each time a member’s diary is opened, and by whom.
• Tell us at once if someone else may have got into an email account that signs in to your gym.

8. The feed

You moderate your programme’s feed. Follow the feed rules in your own posts, remove posts and comments that break them, and act on reports. A report about your own post goes to us only. We can also remove posts and people.

9. If something goes wrong

• If anyone who should not have seen a member’s information has seen it, through your account or your team, tell us within 24 hours at info@brekk.ie.
• If a member asks you about their information, or complains, tell us within three working days. We will answer for our part.
• If something goes wrong with members’ information on our side, we will email the owner without delay.

10. Plans and paying

Free. You pay nothing. Members try Brekkie free for a month, then pay for the app themselves.

Pro. You cover your members while they are on your programmes, and you pay for each member you cover: £3 for the first 25, then £2 for every member after that, a month. Prices are before VAT. Enterprise is agreed with us directly.

• A member is covered from the day you confirm them until their cover ends. If a member leaves, they stay covered, and counted, until their agreed end date.
• We bill monthly, after the month, for the most members you had covered at once in that month.
• You pay on a page run by our payment provider. We never see your card details.
• If a payment fails, Pro cover stops at once. Members keep the app for a few days (three by default, set on each programme) and after that they pay for themselves.
• You can cancel at any time from the billing page in the portal. Pro ends at the end of the billing period you are in, and your gym moves to Free.
• We will give you 30 days’ notice of a price change, and it applies from your next bill.
• We do not refund a month that has already been billed, except where the law requires it.

11. Ending

• You can stop at any time. You can end a programme from the portal at any time. To close your gym, end your programmes, cancel Pro and delete your account (see how deletion works for gym owners), or email info@brekk.ie.
• Members’ diaries stay with them. Once your view of a programme has closed, you can no longer see them.
• If Pro ends or your gym is suspended, members who are covered keep the app for the grace days, as in section 10.
• We may suspend a gym that breaks this agreement. We will tell you first and give you the chance to put it right where we reasonably can. A suspended gym covers nobody and can’t run programmes.

12. Our responsibility to you

We provide Brekkie for gyms with reasonable care and skill. We are not responsible for your coaching, for how you use what you see, or for loss of profit or any indirect loss.

Our total responsibility to a gym for anything that goes wrong in any 12 months is limited to what the gym paid us in that period, or £100 if it paid nothing. Nothing in this agreement limits responsibility that the law does not allow us to limit.

13. Changes to this agreement

We will email the owner at least 30 days before a change takes effect. If you keep using Brekkie for gyms after that, you accept the new version, and the portal will ask you to accept it. If you do not agree, you can stop and close your gym.

14. Law and courts

This agreement is governed by the law of Northern Ireland, and the courts of Northern Ireland can settle any dispute about it. Questions about it: info@brekk.ie.