Terms of Use
Marginal Improvements Ltd ("Company", "we", "us", or "our") operates Backstage, a digital platform built for fitness and nutrition coaching professionals to manage clients, build and assign training splits, create nutritional plans, track progress, and run the day-to-day operations of their coaching practice (the "Service"). Backstage is designed for use by coaches and the clients they invite to the platform. It enables coaches to create and deliver personalised training and nutrition programmes, collect and review client data through form submissions and progress check-ins, and manage all aspects of the coaching relationship in one place. The Service is accessible via web and mobile interfaces and may be expanded over time to include additional tools and features that support how coaches deliver and scale their work. Please read these Terms of Service ("Terms") and our Privacy Policy ("Privacy Policy") carefully, they govern your use of Backstage and any associated applications, interfaces, and features we make available (together, the "Services").
Contents
Acceptance of Terms
By creating an account, accessing, or using any part of our platform, you confirm that you are at least 18 years old, have read and understood these Terms, and agree to be legally bound by them. If you do not agree, you must not use the service.
Account Registration and Security
You must provide accurate, current, and complete information when creating an account.
You are solely responsible for maintaining the confidentiality of your login credentials. You must notify us immediately at legal@marginalimprovements.com if you suspect unauthorised access to your account.
We reserve the right to suspend or terminate accounts where we have reason to believe credentials have been compromised or misused.
You may not share your account with any third party or create accounts on behalf of others without their explicit consent.
Subscriptions, Billing, and Payments
Access to paid features of the Service requires a current, active subscription. Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan).
All fees are non-refundable except where required by applicable law or expressly stated in our refund policy.
We reserve the right to change subscription pricing at any time. We will give you at least 30 days' written notice of any price change. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.
If payment fails, we may suspend access to the Service until payment is successfully processed. Accounts with overdue payments for more than 30 days may be terminated.
You are responsible for all applicable taxes. We will add VAT or other applicable taxes where required by law.
Acceptable Use
You agree not to:
Use the Service for any unlawful purpose or in violation of any applicable local, national, or international law or regulation.
Upload, transmit, or distribute any content that is defamatory, obscene, fraudulent, or harmful to any person or entity.
Attempt to gain unauthorised access to any part of the Service, its servers, or any systems or networks connected to the Service.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
Use automated tools, bots, scrapers, or scripts to access or interact with the Service without our prior written consent.
Resell, sublicense, or commercially exploit the Service or any part thereof without our express written authorisation.
Impersonate any person or entity or misrepresent your affiliation with any person or entity.
Provide health, medical, or dietary advice through the Service in a manner that constitutes the practice of medicine or that you are not qualified or licensed to provide.
Health and Fitness Disclaimer
The Service is a management and organisational tool for coaching professionals. It does not provide medical advice, diagnosis, or treatment.
Nutrition plans, training programmes, and any other content created or shared through the Service are the sole responsibility of the coach who creates them.
We strongly recommend that end users consult a qualified medical professional before beginning any diet or exercise programme.
We expressly disclaim any and all liability arising from the content of coaching plans, nutritional guidance, or exercise recommendations created by users of the Service.
User Content
You retain ownership of all content you upload or create through the Service ("User Content").
By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free licence to store, process, and display that content solely as necessary to provide the Service.
You represent and warrant that you have all necessary rights to upload your User Content and that doing so does not infringe the rights of any third party.
We do not endorse, verify, or accept responsibility for any User Content. We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms.
Intellectual Property
The Service, including its design, software, text, graphics, logos, and other content (excluding User Content), is owned by us or our licensors and is protected by intellectual property laws.
Nothing in these Terms grants you any right, title, or interest in the Service or our intellectual property other than the limited licence to use the Service as described herein.
Privacy and Data
Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
You are responsible for ensuring that your use of the Service, including any personal data you process relating to your clients, complies with all applicable data protection laws, including but not limited to the UK GDPR and the Data Protection Act 2018.
To the extent you process personal data of third parties (e.g. your clients) through the Service, you are the data controller and we act as a data processor on your behalf. A Data Processing Agreement is available upon request.
Third-Party Services
The Service may integrate with or link to third-party services (including payment processors and email providers). We are not responsible for the content, privacy practices, or terms of any third-party service. Your use of third-party services is at your own risk and subject to their respective terms.
Service Availability and Modifications
We will use commercially reasonable efforts to keep the Service available and operational. However, we do not guarantee uninterrupted, error-free access.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will endeavour to give reasonable advance notice of any significant changes.
We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
Limitation of Liability
To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business interruption, arising out of or in connection with these Terms or your use of the Service.
Our total aggregate liability to you for any and all claims arising out of or in connection with these Terms shall not exceed the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim, or £100, whichever is greater.
Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded.
Indemnification
You agree to indemnify, defend, and hold harmless Marginal Improvements Ltd and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your User Content; (c) your breach of these Terms; or (d) your violation of any applicable law or the rights of any third party.
Termination
You may terminate your account at any time by contacting us at legal@marginalimprovements.com or through the account settings within the Service.
We may suspend or terminate your account immediately and without prior notice if you breach these Terms or if we reasonably believe your use of the Service poses a risk to us, other users, or third parties.
Upon termination, your right to use the Service ceases immediately. We may delete your data after a reasonable retention period in accordance with our Privacy Policy, subject to any legal obligations to retain data.
Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or by displaying a prominent notice within the Service. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.
Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Marginal Improvements Ltd with respect to the Service and supersede all prior agreements, representations, and understandings.
Contact
If you have any questions about these Terms, please contact us:
Marginal Improvements