1. Who these terms are with
PerfHQ is operated by PerfHQ LTD, a company registered in England and Wales under company number 17471470, whose registered office is 167-169 Great Portland Street, 5th Floor, London, W1W 5PF. These terms are between you and PerfHQ LTD — referred to throughout as PerfHQ, we or us — and they govern your use of the PerfHQ web application and the PerfHQ apps for iOS and Android. They are also the end-user licence agreement for those apps.
They are separate from any agreement between you and the sports organisation whose PerfHQ account you use. Accepting these terms does not change that agreement.
If you are agreeing to these terms on behalf of an organisation, the Data processing addendum also applies and forms part of them.
2. Your organisation and your account
PerfHQ is invitation-only. Your account exists because a coaching organisation created or invited it. That organisation decides who is a member, what role you hold, and what you can see.
There is no charge to athletes or to their parents and guardians. Where a fee is payable it is paid by the organisation, under a separate arrangement, and never through the app.
You are responsible for keeping your sign-in details private, and for what is done using your account. Tell us at support@perfhq.com if you believe someone else has access to it.
You may delete your account at any time from within the app, under Account settings. What that removes, and the one thing it does not, is set out in section 10 of the Privacy notice.
3. Your licence to use PerfHQ
We grant you a personal, non-exclusive, non-transferable, revocable licence to use PerfHQ for as long as your organisation's membership and your account are active, and for no other purpose.
You must not copy, modify, reverse-engineer, decompile or create derivative works from the software, rent or resell access to it, use it to build a competing product, remove any proprietary notice from it, or attempt to gain access to data or parts of the service you are not entitled to see. You must not use automated means to extract data from it beyond the features it offers you.
We keep all rights in the PerfHQ software, brand and documentation. Nothing here transfers any of them to you.
4. Content you upload
You keep ownership of what you upload — photographs, video, written feedback, notes and anything else. You give PerfHQ permission to store, process and display it for the purpose of running the service for your organisation, and for no other purpose. We do not use it to train machine learning models, and we are not reserving a right to start.
You are responsible for having the right to upload it. That includes having the consent of anyone identifiable in a photograph or video, and, where they are a child, the consent of a person with parental responsibility. Recording a consent decision in PerfHQ is not the same as obtaining consent, and the software does not check every route by which media can reach it — the Safeguarding and media consent policy explains exactly where the software helps and where it does not.
5. Zero tolerance for objectionable content
There is no tolerance for objectionable content or abusive behaviour on PerfHQ. You must not upload, post, send or otherwise make available content that:
- sexualises, exploits or endangers a child, in any way, ever;
- is sexually explicit or pornographic;
- harasses, bullies, threatens or intimidates another person;
- expresses hatred towards, or degrades, a person or group on the basis of race, ethnicity, nationality, religion, disability, sex, gender identity, sexual orientation or age;
- depicts or encourages violence, self-harm or suicide;
- is unlawful, defamatory, or infringes someone else's rights;
- is deliberately misleading, or is spam.
You must not use PerfHQ to abuse, stalk or impersonate another person, or to attempt to gain access to data you are not entitled to see.
These rules are set out in full in the Acceptable Use Policy, which forms part of these terms.
6. Reporting, moderation and blocking
Every piece of content in PerfHQ can be reported, by anyone who can see it, from the menu on that content. Reporting takes a few seconds and does not require permission from anyone.
When you report something, it is hidden from you straight away — you do not have to keep looking at it while it is reviewed.
We act on reports of objectionable content within 24 hours. Administrators at your organisation are notified the moment a report is filed, and act on it. PerfHQ staff see every organisation's outstanding reports and step in where an organisation does not. Acting means removing the content, blocking the person who posted it, or both.
Administrators and coaches can block a member from their organisation. A blocked member immediately loses access to that organisation, and everything they posted within it is hidden from everyone there.
7. Suspension and removal
We may suspend or remove your access, without notice, if you break these terms or the Acceptable Use Policy — and we will do so immediately where a child's safety is involved. Where the law requires it, we will report the matter to the police or to the relevant safeguarding authority.
Your organisation may also end your access at any time. If it does, or if it stops using PerfHQ, your account and the data held about you are dealt with as described in the Data processing addendum.
8. Children
PerfHQ is used by sports organisations that coach children. Accounts for children are created by those organisations, and guardians can be linked to a child's account.
Content about children is only ever visible to that child, to people with guardian access to them, and to coaching staff at their organisation. Athletes cannot see other athletes' content.
If you have a safeguarding concern, email safety@perfhq.com. If a child is at immediate risk, contact the police first.
9. Availability and changes
We aim to keep PerfHQ available but do not guarantee uninterrupted service. We may suspend it for maintenance, and we may change or withdraw features.
We may change these terms; when we do, you will be asked to accept the new version the next time you sign in, and the version you accepted is recorded.
10. Liability
Nothing in these terms excludes or limits our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded.
Subject to that:
- PerfHQ is provided as it is and as available. We do not warrant that it will be uninterrupted, error-free, or fit for a purpose you have not told us about.
- PerfHQ is not a clinical or medical system. Medical notes, allergies and emergency contacts are a record your organisation keeps; they are not medical advice, they are not monitored by us, and they must never be relied on as the only source of that information in an emergency.
- Coaching content is not medical, physiotherapeutic or nutritional advice. Decisions about an athlete's training and health remain the responsibility of the organisation and the people involved.
- We are not liable for indirect or consequential loss, loss of profit, loss of goodwill, or loss of data to the extent it results from your own failure to keep your own records.
- Where we are liable to a paying organisation, our total liability in any twelve-month period is limited to the fees that organisation paid us in that period, or £100 if no fees were paid.
If you are a consumer, none of this affects your statutory rights.
11. Terms that apply because you got the app from the App Store
This section applies to the PerfHQ iOS app obtained from Apple's App Store. It is required by Apple and, where it conflicts with anything above, it wins for that app.
Acknowledgement
This agreement is between you and PerfHQ only, and not with Apple. PerfHQ, not Apple, is solely responsible for the PerfHQ app and its content.
Scope of the licence
The licence granted to you for the app is a non-transferable licence to use it on any Apple-branded product that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
Maintenance and support
PerfHQ is solely responsible for providing any maintenance and support for the app. Apple has no obligation to furnish any maintenance or support services for it.
Warranty
PerfHQ is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you — the app is free of charge, so that refund is nil. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are PerfHQ's sole responsibility.
Product claims
PerfHQ, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including product liability claims, any claim that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
Intellectual property rights
In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, PerfHQ, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
Legal compliance
You represent and warrant that you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a terrorist-supporting country, and that you are not listed on any US Government list of prohibited or restricted parties.
Developer name and address
PerfHQ LTD, 167-169 Great Portland Street, 5th Floor, London, W1W 5PF, a company registered in England and Wales under company number 17471470. Questions, complaints and claims about the app should be sent to support@perfhq.com, or to privacy@perfhq.com for anything concerning your personal data.
Third-party terms
You must comply with any applicable third-party terms of agreement when using the app.
Third-party beneficiary
Apple and Apple's subsidiaries are third-party beneficiaries of this agreement, and upon your acceptance of these terms Apple will have the right — and is deemed to have accepted the right — to enforce this agreement against you as a third-party beneficiary of it.
12. General
Transfer of these terms. We may transfer, assign or novate these terms, and any agreement with an organisation, to a successor entity — including on a reorganisation or a sale of the PerfHQ business — on notice to you, provided that entity assumes the same obligations. You may not transfer your rights under these terms to anyone else.
Data protection. How we handle personal data is set out in the Privacy notice. For organisations, the Data processing addendum forms part of these terms.
No waiver. If we do not enforce a term, that is not a waiver of it.
Severability. If any part of these terms is found to be unenforceable, the rest continues to apply.
Entire agreement. These terms, together with the Acceptable Use Policy and — for organisations — the Data processing addendum, are the whole agreement between us about your use of PerfHQ.
Governing law. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer resident elsewhere in the United Kingdom, you may also bring proceedings in your own courts, and nothing here removes the protection of the mandatory law of your country of residence.
13. Contact
- General support: support@perfhq.com
- Safety, abuse and content reports: safety@perfhq.com
- Privacy and data requests: privacy@perfhq.com
PerfHQ is a trading name of PerfHQ LTD, a company registered in England and Wales under company number 17471470. Registered office: 167-169 Great Portland Street, 5th Floor, London, W1W 5PF.