Terms of Use

Last updated: 11 October 2023

1 User Terms

1.1 These User Terms set out the terms and conditions on which we provide content, products or services listed on www.bemettle.com (the “Website”), through our application Mettle (the “App”) or via other delivery methods to you (the Website and such content, products, services and the App are collectively referred to herein as the “Service” or “Services”, which may be updated from time-to-time at the sole discretion of Head Shed Ltd).

1.2 Please read these User Terms carefully before you engage with our Service, before you join as a Member and before ordering any Products from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.) The term “Device” refers to the device which is used to access the Service including but not limited to computers, smartphones and tablets. These User Terms tell you who we are, how we will provide Services to you and your appropriate use of the Service, how you and we may change or end the services contract, what to do if there is a problem and other important information.

1.3 By selecting the “I accept” (or similar) checkbox, completing the Member account registration process, using our Service or any part of it and/or purchasing items, you agree to be bound by these User Terms and all their terms and conditions incorporated. You may not access or use services we provide (or purchase any items) if you do not agree to these User Terms.

1.4 We will only use your personal data in accordance with our Privacy Policy found here. By submitting personal data through our Service, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.

1.5 You will notice that when registering to become a Member you consent to receive electronic communications from us. Such communications may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications sent to you electronically will satisfy any legal communication requirements, including but not limited to the requirement that such communications be in writing and it is your responsibility to maintain copies of such communications. Pursuant to our Privacy Policy, we may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in them.

2 Information about us and how to contact us

2.1 We are HEAD SHED APP LTD (“Head Shed”/“Mettle”/“we”/“us”/“our”) a company registered in England and Wales with company registration number 14251808 and registered office 1st Floor, Spitalfields House, Stirling Way, Borehamwood, Herts, England, WD6 2FX

2.2 You can contact us by writing to us at info@bemettle.com and at Head Shed / Mettle, Unit 411, Metal Box Factory, Great Guildford Street, London SE1 0H5.

2.3 If we have to contact you we will do so by using the mobile phone number you provide us, or by writing to you at the email address (or postal address) you provided to us. When using the words “writing” or “written” in these user Terms, this includes emails.

3 Our Services

3.1 By engaging with our Service and becoming a Member you are agreeing that these User Terms govern your services contract with us.

3.2 You may access The Service on a subscription basis. Subscription gives access to all content within the Service. You will only have access to the Service while your paid subscription is active.

3.3 If you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

3.4 You agree to promptly notify Mettle of any changes to the payment method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges, including applicable taxes and all subscriptions purchased by you.

3.5 In the course of your use of the Service, Mettle and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Mettle and Mettle’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

3.6 Our obligation to provide the Service only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Mettle.

4 License to access, engage and use our Service

Subject to your continued compliance with all of these User Terms, any subsequent amendments to them or new terms and conditions implemented at any time during your access, use and/or engagement of our Services and the terms and conditions of any relevant third-party, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal licence to access, use and engage the Service. Such licence shall be subject to these User Terms – and in particular the acceptable use provisions in clause 6 below – and does not provide any right to: (a) use any data mining, bots or similar data gathering or extraction methods; (b) download any portion of the Service, except as expressly permitted by us; and (c) use the Service other than for its intended purposes.

5 Member registration

5.1 In order to access, use and engage with our Service you will need to register to become a Member. By becoming a Member you agree to: (a) provide accurate, current and complete personal information about yourself; (b) maintain and promptly update from time to time as necessary your personal information; (c) maintain the security of any password you use (including under clause 6 below) and accept all risks of unauthorised access to your Member account and the information you provide to us; and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Member account.

5.2 In addition to the obligations outlined at clause 5.1, you also agree that you will not:

• (a) create another Member account if we have already been required to disable another account that you had, subject to our prior written agreement;
• (b) instruct another individual to create a Member account, under their personal details for your own use of the Service;
• (c) buy, sell, lease or assign access to your Member account or username, subject to our prior written agreement;
• (d) share your Member password or other credentials with anyone; or
• (e) log in or try to log in to access the Service through unauthorised third-party applications, software, individuals or corporate bodies.

5.3 In the event that we have reasonable cause to believe that your Member account is being used in connection with any illegal activity or has been used in breach of any of these User Terms, we may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation or in order to aid our internal investigation into the use of your Member account in connection with these User Terms.

5.4 In such cases, we may (at our entire discretion) pause or cancel your Member account and any ongoing, future or recently completed transactions in which your Member account has been involved, until such additional information and documents are reviewed by us and accepted as satisfying the requirements of any applicable law and these User Terms. In such an event, we will not be liable for any financial loss or damage of any kind suffered by you as a result of any such temporary pause or cancellation of your Member account. Further, you would become solely responsible for any financial loss or damage of any kind suffered by another Member or relevant third-party as a result of not complying with these User Terms or suspected breach of any applicable law.

6 Use of Mettle by Minors

7.1 You agree that you remain at all times responsible for your conduct while using the Service and not to act in breach of applicable laws, in breach of applicable terms of service to which you have agreed (including, without limitation, these User Terms), or to infringe the copyright or any other intellectual property (or similar third party right) in your use of the Service.

7.2 You agree that you remain at all times responsible for keeping the details of any passwords, and any other access credentials associated with the Service confidential to yourself. You are not permitted to sell or transfer any of them to any other person or entity. You agree to promptly notify us about any unauthorised access to any passwords or access credentials that you become aware of.

7.3 You agree not to:

• (a) provide false or misleading information to us, another Member or any relevant third-party in connection with your use of the Service or appear as another person or create a misleading username;
• (b) utilise data gathered from our Service to contact individuals, businesses, or other individuals or entities;
• (c) utilise data gathered from our Service for any direct marketing activity use or attempt to use another Member’s account without authorisation from such Member and us;
• (d) place any misleading offers (if facilitated by the Service);
• (e) use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other Members from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
• (f) create, use, or distribute any software, or interact with any application programming interface in any way that may damage, harm, or impair the Service;
• (g) reverse engineer any aspect of the Service, or do anything that could lead to the discovery of source code, or bypass or circumvent any mechanisms put in place to block or limit access to any Service, area, or code of the Service;
• (h) attempt to bypass any content-filtering techniques we use, or access any feature or area of the Service to which you are not allowed or bypass or ignore instructions that control all automated access to the Service;
• (i) use any means not authorised by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality; or
• (j) use the Service for any illegal or unauthorised purpose, or participate in, encourage, or promote any action that is in violation of these User Terms.

8 Ownership

7.1 Unless otherwise specified in writing by us, the Service and all content and other materials contained in it including, without limitation, the Mettle logo (or that of any applicable third party licensor) and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, Service Content), are the exclusive property of Head Shed App Limited or our affiliates, licensors, or content creators as applicable.

7.2 Regardless of anything in these User Terms to the contrary, the Service may include software components provided by us, our affiliates, or a third-party that are subject to other licence terms, in which case those licence terms shall govern such software components.

7.3 The Mettle logo and any Mettle or Head Shed product or names, logos or slogans that may appear on the Service are trade marks or service marks of Head Shed or our affiliates and may not be reproduced in any way, directly or indirectly and in whole or in part, without our prior written agreement. You may not use any metatags or other “hidden text” utilising “Mettle” or any other name, trademark, product or service name of Head Shed or our affiliates without our prior written agreement to such use. In addition, the look and feel of the Service, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark or trademark of Mettle and may not be reproduced in any way, directly or indirectly and in whole or in part, without our prior written agreement. All other trademarks, product names and Mettle names, logos or other intellectual property contained in or on the Service are the property of their respective owners and may not be reproduced in any way, directly or indirectly and in whole or in part, without the prior agreement of the applicable rights holder.

7.4 Reference to any products, services, software or other information by name, trademark, developer, creator, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

9 Links to the Service

We grant you no right to create any text hyperlink to the Service. Without our prior written agreement, you may not use, reproduce or imitate our logo or any other image, text or other representation to link to the Service. Further, you may not use, frame, or employ framing methods to enclose any Mettle trademark, logo, or other proprietary material, including pictures seen on the Service or any part of it, written content, or the style or design of any page or form contained on a page, on the Service without our prior express written agreement.

10 Third Party Services

9.1 The Service may contain links to third-party websites and products/applications. We will not always notify you that you have left our Service and that you will be subject to the terms and conditions of that relevant third-party website or application if you click on such a link. Such third-party websites and applications are not under our control nor will we be liable for the content of any third-party websites or applications.

9.2 Such third-party websites and applications are not approved, monitored or endorsed by us, nor do we make any representations with respect to these websites or applications, or their products or services.

9.3 Your use of such links and subsequent use of such third-party websites and applications shall be at your own and we shall not be liable for any of your actions, third-party actions and any loss or damages arising as a result of such actions.

9.4 You should review all applicable agreements and policies, including privacy and data gathering practices, of any third-party websites or applications and if you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, or use such Third-Party Products.

9.5 Notwithstanding anything to the contrary in these User Terms, the Service may include software components provided by us or our affiliates or a third party that are subject to separate licence terms, in which case those licence terms will govern such software components. In such an event, you must comply in full with the terms of any such licence.

11 Member Information and Copyright

11.1 You are solely responsible for your use of the Service and for any personal material you provide, including compliance with applicable laws, rules, and regulations. We take no responsibility for such personal material posted or listed via the Service.

11.2 Should you decide to make available any personal material on or through the Service (where we choose to offer any such functionality), you grant us a worldwide, non-exclusive, sublicensable, royalty-free licence to use, copy, modify, and display any text, content, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on or through the Service or through tools or applications we provide for posting or sharing such content for our lawful business purposes, including to provide, promote, and improve the Service.

11.3 You represent and warrant that you own, or have obtained, all rights, licences, consents, permissions, and/or authority to grant the rights granted in these User Terms for any personal material that you submit, post or display on or through the Service. You agree that such personal material will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the licence described above.

11.4 We reserve the right to remove content without prior notice. In such an event, we will take down items in response to formal infringement claims and will terminate the infringing Member’s access to the Service if the Member is determined to be a repeat infringer.

11.5 If you believe that your content has been copied in a way that constitutes copyright infringement or infringement of any other intellectual property right, please report this by contacting us at info@bemettle.com.

11.6 Formal intellectual property infringement claims regarding content on the Service must include:

• (a) a written communication delivered to the email address specified in clause 10.5;
• (b) if applicable – a physical or electronic signature of someone authorised to act on behalf of the rights holder;
• (c) identification of the protected work(s) allegedly infringed;
• (d) identification of material claimed to be infringing, reasonably sufficient to enable us to identify the material;
• (e) information reasonably sufficient enabling us to contact the complaining party;
• (f) a statement that the “complaining party believed in good faith that use of the accused material is not authorised by the rights holder, its agent or the law” and;
• (g) a statement that the information in the notice is accurate and, if appropriate, the complaining party is authorised to act on behalf of the rights holder.

12 Medical Disclaimer

12.1 Mettle is a provider of online and mobile meditation, mind-hacking and guided breathwork to promote men's mental fitness. We are not a health care or medical device provider, nor should our Service be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Mettle makes no claims, representations or guarantees that the Services provide a physical or therapeutic benefit.

12.2 Any health information and links on the Service, whether provided by Mettle or by contract from outside providers, is provided simply for your convenience.

12.3 To the extent that you participate in any content featured in the Service, you represent and warrant that you are in an adequate physical health to perform such activities and have no disability or condition that would make such activity dangerous. You should consult a licensed physician prior to beginning or modifying any program that you undertake, especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Mettle has advised you of the necessity of doing so.

12.4 Any advice or other materials in the Service are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Service.

12.5 There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice.

13 Protection and cover you give to Us

13.1 If you use or misuse the Service or any asset we provide to you via the Service, or any personal material; or breach these User Terms or the rights of a third party – you agree to cover us in respect of that and to compensate and hold us harmless (and our affiliates, agents, any relevant third-parties and assigns), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, legal fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing our rights under this clause and insurance), of every kind and nature.

13.2 You must immediately notify us of any third party making a claim of which you become aware and cooperate with us in defending such third-party claims. You further agree that we shall have control of the defence or settlement of any third-party claims and that you shall not take any action to settle, defend or admit the third-party claim without our prior written agreement.

14 Our disclaimers in respect of your use of the Service

14.1 Except as expressly provided to the contrary in writing by Mettle, the Service and all content contained within the Service, other product(s) listed therein are provided by us or by our third party providers without warranties or conditions of any kind, either express or implied by law. We make no statement or promise and provide no warranty, that the Service or any product contained on the Service will: (a) meet your requirements; (b) be available on an uninterrupted, timely, secure, or error-free basis; or (c) be accurate, reliable, complete, legal, or safe.

14.2 Mettle will not be liable to you for any other warranties, terms or conditions, express or implied, and whether or not as to description, suitability, quality, title and non-infringement as to the Service or any content contained in the Service. We make no statements or promises, nor do we represent or warrant to you that content on the Service is accurate, complete, reliable, current or error-free – and you will not be able to claim from us for any loss of any kind that results from any action taken or taken in reliance on material or information, contained on the Service. While we make all reasonable endeavours to make your access to and use of the Service safe, we cannot and do not make any statements or promises (or any representation or warranty) that the Service, its content and any products or items listed on our Service or held within it are free of viruses or other harmful components.

14.3 We cannot guarantee the security of any data that you disclose online. In accessing our Service, you accept the inherent security risks of providing information and dealing online and will not hold us responsible for any breach of security unless it is due to our negligence or wilful default.

14.4 We will not be responsible or liable to you for any claim or for loss or damage of any kind that you may incur as a result of using any product made available to you on the Service, including without limitation, any arising from:

• (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses;
• (b) server failure or data loss;
• (c) unauthorised access to applications;
• (d) any unauthorised third-party activities, including without limitation the use of viruses, phishing or other means of attack against the Service or its contents, save to the extent we set out in clause 15.

14.5 We are not responsible for any loss or damage occurring due to vulnerability or any kind of failure, abnormal behaviour of software or any other features of the Service.

14.6 You acknowledge and agree that, other than as we set out in clause 14, access to and use of the Service, or similar product made available to you via the Service (or third party sites and products you may use or access) are at your own discretion and at your own risk.

14.7 Nothing in these User Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence (or for any other liability which cannot be excluded or limited under applicable laws).

15 Limitation of Liability

15.1 We will in all circumstances, only be liable to you for monetary damages up to the amount set out in clause 15.2 below. We will not have any liability to you or to any third party for any types of loss or damage you may suffer, whether arising directly or indirectly from these User Terms, the Service, any item or product made available to you by us or by any third party with whom you may have engaged or agreed terms of service or supply via the Service; even if foreseeable and even if we have been advised of the possibility of such loss or damage.

15.2 Subject always to clause 14.7, in no event shall Head Shed’s maximum aggregate liability arising out of or in any way related to these User Terms, the access to and use of the Service or any item(s) or product(s) purchased on or enabled via the Service, exceed the greater of (a) £100 or (b) the amount received by us in respect of the purchase or other acquisition of the item(s) or product(s) that are the subject of the claim.

16 Cessation of the Service or Modifications to the Service or to any of these User Terms

16.1 We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Service (or any features or parts of it) or suspend or discontinue any product or item (or transaction) at any time and without liability for the same.

16.2 We reserve the right to change or modify these User Terms at any time and at our sole discretion.

16.3 If we make changes to these User Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the “Last Updated” date at the beginning of these User Terms. By continuing to access or use the Service, you confirm your acceptance of the revised User Terms (and all of the terms and conditions incorporated therein by reference).

16.4 We encourage you to review the User Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised User Terms, you must cease your access or use of the Service.

17 Termination

Notwithstanding anything contained in these User Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you arising from any such termination.

18 Survival

The following clauses will survive any termination of these User Terms and/or the termination of your Member account: 1.4 (how we may use your personal information), 2 (information about us and how to contact us), 8 (ownership), 11 (member information and copyright), 14 (our disclaimers in respect of your use of the Service), 15 (limitation of liability), 18 (survival), 19 (severability), 21 (no waiver), 22 (entire agreement), 23 (third party rights) and 24 (law and jurisdiction).

19 Severability

Each of the provisions of these User Terms operates separately and independently. If any court or relevant authority decides that any of them are invalid or unlawful, the parties intend that these be struck out and the remaining provisions will remain in full force and effect.

20 Assignability

19.1 We may transfer our rights and obligations under these User Terms to another entity or individual, without the need to procure your prior written consent. We will contact you to let you know if we plan to do this.

19.2 You are unable to assign or transfer in any way any of your rights and obligations under these User Terms to any other entity or individual, without our prior written consent.

21 No Waiver

If we do not insist immediately that you do anything you are required to do under these User Terms, or if we delay in taking steps against you in respect of you breaking these User Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

22 Entire Agreement

These User Terms also incorporate the Privacy Policy and collectively constitute the entire agreement between you and us relating to your access to and use of the Service.

23 Third Party Rights

A person who is not a party to these User Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms and conditions.

24 Law and Jurisdiction

These User Terms and the agreement between you and Head Shed shall be exclusively governed by and construed in accordance with the laws of England and Wales, and the English Courts shall have exclusive jurisdiction.