TERMS OF USE

Please read these Terms & Conditions (“T&Cs”) prior to downloading the App and/or using the Amino Service or Website. By accessing the App and/or the Website, you agree to comply with these Terms & Condition (including without limitation the Privacy and Cookies Policy) and any App Store Rules.

We reserve the right to update these T&Cs at our sole discretion.

Operating system requirements: iOS 8 iPhone device and Internet access.

Age restrictions: 18 and above. If you choose to train with a friend, it is your responsibility to ensure they are 18 and above.

Defined Terms

“Amino Plan” means an offer that may be provided by the App from time to time to acquire several Bookings that will be carried out within several number of session during a specified period of time;
“Amino Service” means all or any of the Amino services provided to Users including the ability to register for a User account, the provision of information on the App and Website, and the ability to book Services using the App;
“App” means the Amino mobile application as updated from time to time by the App owner or operator;
“App Store” means the App store provider or operator from whose site or platform you downloaded the App;
“Booking Time” means the specific date and time of a Booking;
“Booking” means a booking you made with a Trainer through the App;
“Booking Fee” means the amount payable by you for the Booking you made using either payment methods in Clause ‎4.1;
“Booking Request” means the booking request sent by you to one or more Trainers through the App that has yet to be confirmed.
“Cancellation Fee” has the meaning set out in Clause ‎5.3;
“Confirmed Booking” means a booking request sent by you that has been confirmed by a Trainer;
“Content” means the content and materials on the App;
“Counter Offer” means the alternative timing that a Trainer can suggest to a client in response to a Booking Request.
“Device” means the mobile telephone or handheld device onto which the App has been downloaded;
“Events Beyond Our Control” means events beyond our control, including without limitation fire, storm, flood, riot, civil disturbance, war, nuclear accident, terrorist activity and Acts of God;
“Login” means (i) any registered user name and password accepted by Amino; or (ii) your Facebook login details, either of which you may choose to use to register for and log in to the App;
“Services” means the fitness services provided by the Trainers;
“Successful Referral” has the meaning given to it under Clause ‎8.4.
“Trainer” means any third-party provider of a Service that is listed on the App;
“we/us/our” means Amino App Technology FZE, including where Appropriate our employees and authorised agents;
“User” means any person who uses the App, including a person who uses the App for the purpose of making a Booking, and any Trainer who uses the App in connection with the provision of Services.
“Website” means the Amino website at aminoApp.com; The Website policies and terms & conditions may be changed or updated occasionally to meet the requirements and standards. You are expected to frequently visit these sections in order to be updated about the changes on the Website. Modifications will be effective on the day they are posted; and
“Working Days” means a day which is not a Friday, Saturday or a Public Holiday in the UAE.

1. Amino: The App

1.1. The App and website are owned and managed by Amino App Technology FZE, a company incorporated in Dubai Silicon Oasis under license no. 2775 with address DSO-THUB-G-D-FLEX-G002E, Dubai Silicon Oasis, Dubai, UAE.
1.2. All IP and copy right for the App, trade name etc. are the property of Amino App Technology FZE.
1.3. The App is a mobile platform that enables clients to book Services with Trainers. The App allows Trainers to list their profiles to advertise their Services to clients.
1.4. All client information is collected and used in accordance with our Privacy Policy.
1.5. The App is currently only available for iOS. It will be updated from time to time and it is the clients responsibility to ensure they have the latest updates installed to avoid any error/malfunctions/disruption of service.
1.6. We reserve the right to modify, update or remove the App from the App Store at any time at our discretion.

2. Terms of use

2.1. Non-transferable, non-exclusive license to use the App on your Device and the Website, subject to these Terms, the Privacy and Cookies Policy and the App Store Rules.
2.2. You may download a copy of the App onto your Device and view, use and display the App on your Device for your personal purposes only (which may be commercial if you are using the App as a Trainer).
2.3. You agree to not to copy, rent, modify, sell the App, Website or the Content in whole or in part.
2.4. You agree not to publish, email, upload, transmit or otherwise disseminate any information that is misleading, false, inaccurate, defamatory, obscene, indecent or which infringes copyright.
2.5. You agree not to infringe our intellectual property rights and copyright.
2.6. You agree to advertise or promote third party or (except if you are a Trainer) your own products or services, including by sending or procuring the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;
2.7. We do not guarantee the availability of the App, Website, and/or any Trainers.

3. Use of the Amino App

Registration & Login

3.1. To use the App and book sessions with trainers, you are required to register and login on the App.
3.2. In order to register, you must provide basic information by using either Facebook registration or email registration. This includes providing a valid and active mobile number. Your mobile number will only be shared with Trainers that you have confirmed bookings with to confirm specifics relating to your Booking.
3.3. you confirm that all information provided by you is true, accurate and up to date. And you agree that some of your information will be shared with trainers to the extent that it is required such as health conditions, age, weight etc.
3.4. creation of multiple Logins by you or any other person is strictly prohibited. Failure to adhere may result in blocking and/or deletion of your account.

Bookings

3.5. Presently, a booking can be solely requested through the App. There are two methods of booking explained below:
3.5.1. ‘Book a Workout’ Journey
(a) Select a workout type from the home screen;
(b) Choose your preferred workout location;
(c) Select the date and time for your workout;
(d) Select your preferred trainer (note: there is an option to ‘Let us choose’ a trainer on your behalf. If you opt for that option, a request is randomly sent to one of the available Trainers);
(e) Confirm the booking after reviewing all the workout details (including selecting a payment method) on the Booking Summary screen.
3.5.2. ‘Find a Trainer’ Journey
(a) Select the ‘Find a Trainer’ feature of our App but going to the main menu;
(b) Search for a Trainer of your choice;
(c) Select all the details of your workout on the Booking Summary screen (including workout type, date, time, location & payment method);
(d) Confirm the Booking.
3.6. You can rebook a Trainer for a follow-up workout using one of the following methods:
3.6.1. Immediately after your workout – you will receive a notification that your workout is complete and that the payment has been charged. Selecting it will open the App where you can rate your trainer and choose to rebook the same workout and trainer at a later date.
3.6.2. Past Bookings – you can access your past bookings under the ‘My Bookings’ screen. A history of all your past workouts is shown with a “Rebook” button next to each. This button will take your directly to the Booking Summary screen where the workout type, trainer and location are preselected based on your past workout. You are only required to select the date, time and payment method.
3.6.3. ‘Find a Trainer’ – if you enjoyed a workout with a particular trainer or a particular trainer was recommended to you, then you can find and book them directly via our ‘Find a Trainer’ feature in the main menu.
3.7. In all the above cases, the Trainer must accept the booking for it to be confirmed. A trainer has the right to accept a booking or send a counter offer.
3.8. A counter offer permits the Trainer to propose an alternate time for the workout. The counter offer feature gives Trainers some flexibility in cases where they have limited time to reach your location due to distance/traffic or other unexpected circumstances. If a counter offer is sent, then you will receive it in your ‘Requests’ tab under ‘My Bookings’. You have the option to accept or decline the offer. If you decline, the booking is cancelled and you are not charged. You may go ahead and send another booking request to another Trainer.
3.9. To confirm your Booking and/or to remind you of your Booking at a later date, you may receive emails and/or SMS messages and/or in-App notifications from Amino.
3.10. You agree that each Booking is an agreement between you and the Trainer. Amino is not a party to such agreement and provides no guarantee in relation to the Trainer’s performance of any Booking. Accordingly, you acknowledge that the Trainer (and not Amino) is responsible for:
3.10.1. The performance and quality of the Trainer Services (including any equipment or advice provided by the Trainer during a Booking);
3.10.2. Obtaining all licenses, consents, qualifications and insurances that they are required to have under Applicable laws, regulations and professional rules or that they are stated on the App as having; and
3.10.3. Complying with all Applicable laws, regulations and professional rules in connection with the Services.
3.11. However, you have certain rights by law in respect of your receipt of Services, including that the Trainer will provide the Services to a reasonable standard.
3.12. You agree that you shall not (and shall not encourage any person who you invite to workout with you to):
3.12.1. Contact a Trainer for any reason (including to book another session with that Trainer outside of the App) after a Booking has completed, except by making another Booking with that Trainer using the App or with our prior written consent (which we may withhold at our sole discretion); or
3.12.2. Engage or attempt to engage any Trainer to provide services (other than by making a Booking using the App).

4. Pricing & Payments

4.1. Pricing of Services fall into two categories:
4.1.1. Pay-As-You-Go – bookings for single sessions
4.1.2. Amino monthly plans – subscription for plans that include multiple sessions
4.2. Pricing for each category is listed on the App and the website. If there is a discrepancy, refer to the in-App pricing.
4.3. Any taxes or charges, fees or expenses which are levied by the government or pursuant to applicable UAE laws will be charged at the time of payment at the prevailing rate.
4.4. All Payments are processed through the App in accordance with the below terms:
4.5. We accept payments online using Visa and MasterCard credit/debit card in AED.
4.6. You confirm that any debit and/or credit card you use to make a Booking is yours or that you have authorisation from the owner of the card or payment account to make such payment.
4.7. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. You agree that payment pre-authorisation checks may be carried out on our behalf in respect of an amount equal to the Booking Fee when you make a Booking. If the issuer of the card or provider of the payment service which you are using refuses to authorise payment we will not accept your Booking (or if already accepted, we will give you notice that your Booking is cancelled) and we will not be responsible for any delay or non-performance of the Services.
4.8. Multiple bookings may result in multiple postings to the cardholder’s monthly statement.
4.9. If you make a payment for our products or services on our website, the details you submit will be provided directly to our payment provider via a secured connection.
4.10. The cardholder must retain a copy of the transaction and Merchant policies and rules.
4.11. Unless you cancel a Booking in accordance with Clause ‎5.1 (or where Clause ‎5.2 applies), the Cancellation Fee will be debited from your account upon or shortly after the Booking Time (or if earlier, when you cancel the Booking).
4.12. We are not responsible for your card issuer, bank or payment service provider charging you as a result of our processing of payments from you in accordance with these Terms.

5. Cancellations & Refunds

Pay-As-You-Go

5.1. You have the right to cancel a Booking request any time until you have confirmed a booking with a Trainer.
5.2. Once a Booking request has been confirmed, you acknowledge that you do not have the right to cancel a Booking under statutory regulation. However, you are entitled to cancel Bookings in accordance with this Clause. If you change your mind about your Booking prior to the Booking Time then you may cancel your Booking without making payment of the Booking Fee or any Cancellation Fee provided that you cancel the Booking via the App at least twelve (12) hours prior to the start time of your Booking;
5.3. If you use the App to cancel a Booking within twelve (12) hours of the start time of your Booking or, where relevant, we will charge you 100% of the Booking Fee (such amount being inclusive of VAT, if applicable) (“Cancellation Fee”).
5.4. You will be charged the Cancellation Fee, as stated in Clause ‎5.3 if you:
5.4.1. Cancel a Booking other than as permitted under Clauses ‎5.1 and/or ‎5.2; or
5.4.2. Attempt to cancel a Booking on or after the Booking Time; or
5.4.3. Fail to attend a Booking at the Booking Time and/or at the correct location.
5.5. We charge Cancellation Fees as stated in Clauses ‎5.4.2 and ‎5.4.3 to compensate the Trainer, because the Trainer is unlikely to be able to make another Booking where you cancel with short or no notice.
5.6. We may waive our rights under Clause ‎5.4.2 and ‎5.4.3 in our sole discretion where you have been unable to cancel a Booking without incurring the Cancellation Fee or Booking Fee for genuine reasons which were outside of your control.
5.7. If you attempt to attend a booking, but the trainer does not show up for any reason, then we will refund you the cost of your workout.
5.8. A Trainer has the right to cancel a confirmed booking in case of emergencies or in circumstances where he/she is unable to deliver the Services at the pre-agreed time. In such instances, we will communicate any such cancellation to you and use reasonable endeavors to allocate an alternative Trainer if there is one available. We will only allocate an alternative Trainer if there is one available who meets your preferences (as provided to us at the time you made the Booking). If an alternative trainer is not available, you will not be charged for the workout.

Amino Plans

5.9. Purchases for Amino Plans cannot be refunded, except in the following circumstances:
5.9.1. If your booking requests are outside of our service area, we are currently offering services across selected areas of Dubai;
5.9.2. If we fail to provide you with a Trainer at a reasonable time, we will use reasonable endeavors to inform you as soon as possible and cancel your order. You will then receive a full refund from us for that particular booking;
5.10. We will usually refund any money received from you using the same payment method originally used by you to pay for your purchase.

6. Ratings, Feedback & Complaints

We highly value your feedback and encourage you to get in touch any time.
After every workout, you will receive a notification to rate your trainer. This is very important to us because it gives us immediate feedback about your workout experience. This rating will be collected and used to calculate an average rating for our trainers. This will ultimately benefit both you and other users in booking further sessions.
If you have any further feedback and/or complaints regarding any aspect of Amino (the App, Trainers, Services and/or website), you can reach out to us in the following ways:
(e) Email us on feedback@aminoapp.com
(f) Message us on our social media accounts (Facebook/Instagram)

7. Promotional Campaigns & Special Offers

From time to time we may run promotional campaigns or special offers. They will be subject to their own terms and conditions, which will be communicated at the time.

8. Refer a Friend Scheme

8.1. We have a referral scheme whereby you can earn discounts on future sessions by referring new users to the App. For specifics on the discounts, please refer to the “Refer a Friend” section of the App. The terms of the scheme are as follows:
8.2. Share your referral code with your friends directly from the App by clicking the ‘Share’ button on the Refer a Friend screen (which can be accessed from the Main Menu).
8.3. For every 3 Successful Referrals, you’ll receive a discount code that can be applied to your next booking.
8.4. A Successful Referral occurs when all of the following criteria are met:
8.4.1. Your friend creates a new account on Amino (they must be first time users of Amino);
8.4.2. They then book a session using your referral code;
8.4.3. They complete the session (including making payment).
Note: If the Booking is cancelled at any point in time, the referral will not count.
8.5. There is no limit on how many discount codes you can receive, however each discount code can be used only once.
8.6. All discount codes you receive expire after 3 months
8.7. We reserve the right to cancel the referral scheme at any time. Any outstanding discount codes will remain active until used or they expire.

9. Liability

9.1. If we take legal action against you for non-payment or any other breach of these Terms and a court makes an award in our favour, you will be responsible for all costs allowable by the Courts.
9.2. We reserve the right to suspend, restrict or terminate your access to the App, Website and the Amino Service at any time without telling you if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider Appropriate to defend our rights or those of any other person.
9.3. We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
9.4. Trainers work with Amino on a freelance basis and are not employees or agents of Amino.
9.5. You agree that Amino will not be liable to you and/or any third party for or in connection with:
9.5.1. Losses not caused by our breach of these Terms;
9.5.2. Failure to provide the Amino Service, Website or the App or to meet any of our obligations under these Terms where such failure is due to Events Beyond Our Control;
9.5.3. Temporary or permanent suspension, removal or modification of the Amino Service, Website or the App; or
9.5.4. The performance or non-performance of the Services by the Trainer, or matters which are the responsibility of the Trainer, including the standard and quality at which the Services are performed, any equipment or advice provided by the Trainer, the Trainer‘s compliance with Applicable laws, regulations and professional rules, and the Trainer’s responsibility for obtaining and maintaining licenses, consents, insurances and qualifications.

10. Sanctioned Countries

Amino (as represented by the App and the website www.aminoapp.com) will not deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE

11. Termination

11.1. We may terminate our agreement with you (as set out in these Terms) immediately by written notice to you for any reason at any time if you breach any term of these Terms.
11.2. You may terminate your agreement with us (as set out in these Terms) immediately at any time by closing your account, uninstalling the App and ceasing to use the App and Website.
11.3. On termination for any reason:
11.3.1. All rights granted to you under these Terms shall cease;
11.3.2. If you have not already done so, we will close your Amino account and you must immediately cease all activities authorised by these Terms, including your use of the Amino Service, App and Website;
11.3.3. If you have not already done so, you must immediately delete or remove the App from all Devices and immediately destroy all copies of the App then in your possession, custody or control and if requested, certify to us that you have done so; and
11.3.4. Any amounts due from you in respect of Bookings shall remain due and payable in accordance with Clauses ‎4 and/or ‎5 as applicable. If we terminate under Clause ‎11.1, we will cancel any Bookings where the Booking Time falls on or after the termination date. If you terminate under Clause ‎11.2, you are responsible for cancelling any Bookings where the Booking Time falls on or after the termination date, in accordance with Clause ‎5. If you fail to do so, you may be required to pay Booking Fees, as stated in Clause ‎5.

12. Governing Law and Dispute Resolution

12.1. The Agreement shall be governed and construed by in accordance with the laws of the United Arab Emirates as Applicable in the Emirate of Dubai. Any dispute between the Parties in connection with the Website or these terms & conditions which cannot be amicably resolved shall be finally settled by the courts of Dubai.
12.2 Amino App Technology FZE is domiciled in the United Arab Emirates.