Terms of
service.

About these Terms

Seshman is operated by Inca Labs Limited, a private limited company registered in England and Wales (company number 14731709, VAT GB438261686). Registered office: 167-169 Great Portland Street, Fifth Floor, London, W1W 5PF, United Kingdom. In these Terms, "Seshman", "we", "our" and "us" refer to Inca Labs Limited.

These Terms incorporate by reference our Privacy Policy and the Data Processing Agreement at Schedule 1. Together they make up the agreement between us.

The service

Seshman is a session-tracking platform for independent fitness providers. Trainers issue prepaid session packs to their clients; clients (and trainers) burn through them as they train. The platform tracks issuance, completion, transfer, scheduling, and payment status.

Seshman does not process payments between trainers and their clients today. It records that a session pack has been marked paid (by the trainer) and renders invoices and receipts for accounting purposes. In-app payment processing between trainers and their clients (via Stripe Connect) is planned and will be governed by additional terms when launched.

Accounts

You must create an account to use Seshman. You agree to provide accurate information when creating your account, and to keep it accurate as it changes.

You are responsible for the security of your account credentials and for any activity that happens under your account. Tell us at privacy@seshman.com as soon as you become aware of any unauthorised use.

You may use Seshman as a trainer, as a client, or as both. The same account can switch between roles. Trainer use is subject to subscription fees (see Subscriptions and billing) once paid subscriptions are activated; client use is always free.

Your obligations as a trainer

When you use Seshman as a trainer, you are entering personal data about people other than yourself — your clients, in some cases the parents or guardians of clients, and the emergency contacts they provide. Under UK GDPR, you are the data controller for that data and Seshman processes it on your behalf under Schedule 1.

By using Seshman as a trainer, you warrant on a continuing basis that:

• Existing relationship. You have an existing service relationship with every client you add to Seshman. You will not use Seshman to contact people you do not have a prior service relationship with.
• Lawful basis. You have a lawful basis under UK GDPR for every category of personal data you record in Seshman about a client — including names, contact details, training history, payments, and any other field you populate.
• Explicit consent for health-related fields. Where you record goals, injuries, health notes, or session notes that include information about a client's health, you have obtained explicit consent from the client (or, for an offline client, you attest to that consent in the app when the field is first used). Explicit consent is required under UK GDPR Article 9(2)(a) for special-category data.
• Emergency contacts. Where you record a client's emergency contact, you have permission from the emergency contact (typically given through the client) to record their name and phone number in Seshman.
• Minors. Where you record a client who is under 18, you have parental or guardian consent for that data to be recorded in Seshman. Where the client is under 13, the parental or guardian consent must be explicit and you must be able to demonstrate it on request.
• Disclosure to offline clients. Where you add an offline client who has no email address on file, you are responsible for informing that client that their training records live in Seshman (UK GDPR Article 14). Where the offline client does have an email address, Seshman handles this disclosure on your behalf through transactional email footers and a welcome message.

You agree to indemnify Seshman against any third-party claim, complaint, or regulatory action arising from your breach of these warranties. The cap on liability in Limitation of liability does not apply to this indemnity.

Acceptable use

You agree not to:

• Use the service for any unlawful purpose, or in any way that would expose Seshman to legal or regulatory risk;
• Attempt to gain unauthorised access to the service or its underlying systems;
• Interfere with or disrupt the service or its users;
• Upload malicious content or code;
• Impersonate another person or entity;
• Use the service to send spam or unsolicited communications, including (without limit) adding clients to your roster with whom you do not have an existing service relationship;
• Use the service to harass, threaten, or defame any person.

We monitor delivery metrics on outbound email. If a trainer's send-to-bounce or send-to-complaint ratio exceeds reasonable thresholds, we may automatically suspend that trainer's ability to add new clients or send transactional email pending review. This is operational rather than punitive: high bounce / complaint rates threaten the deliverability of every other trainer using Seshman.

Subscriptions and billing

Trainer use of Seshman will, once paid subscriptions are activated, require an active subscription. Subscriptions are not active today; during the current beta, trainer use is free.

When subscription billing is activated:

• On iOS, subscriptions are purchased through Apple In-App Purchase and billed by Apple under your Apple ID. Auto-renewal and cancellation are managed in your Apple account settings.
• On Android, subscriptions are purchased through Google Play Billing and billed by Google under your Google account. Auto-renewal and cancellation are managed in your Google account settings.
• Where offered, subscriptions on the web may be purchased through our billing partner, RevenueCat, with payments processed by Stripe. Auto-renewal and cancellation are managed from inside the Seshman app or from your subscription portal.

You may cancel at any time. Cancellation takes effect at the end of your current billing period; no refund of a partial period is given. Where you are a consumer in the UK with a 14-day right of withdrawal under the Consumer Contracts Regulations 2013, that right continues to apply.

We may change subscription pricing with 30 days' notice. Price changes will not affect your current billing period. Refunds for purchases made through Apple or Google are handled by Apple or Google under their own refund policies.

We will update these Terms before paid subscriptions launch, and notify you of the change in line with Changes to these Terms.

Your data

You retain ownership of the data you put into Seshman. We process it in line with our Privacy Policy and, where applicable, the Data Processing Agreement at Schedule 1.

You can request a copy of your data, request correction or deletion, or close your account from inside the app at any time. Some categories of data are retained after account closure as set out in the Privacy Policy — for example, anonymised invoice records kept for UK tax-record purposes.

Email communications

Using Seshman includes receiving transactional email — invoices, payment receipts, payment reminders, session schedule and cancellation confirmations, session summaries, a welcome message, and security or account alerts. Seshman does not send marketing email of any kind.

Where a trainer has added you as a client using an email address you previously gave them, the trainer authorises Seshman to send these messages to that address on their behalf as part of the service relationship between the two of you.

You can stop receiving email at any time by replying to any of our emails and asking to be removed, by asking the trainer who added you to clear or update your email address, or — if you have your own Seshman account — by deleting the account from inside the app. See the Privacy Policy for the full detail, including how we handle bounces and complaints.

Session tracking

Seshman provides a tool for tracking sessions between trainers and clients. We are not a party to any agreement between a trainer and their clients. The accuracy of session records, payment status, and any related financial detail is the responsibility of the trainer managing them.

Seshman does not provide medical advice, fitness advice, nutritional advice, or any other regulated professional service. Trainers are responsible for the advice they give their clients.

Intellectual property

You own the content you create or input in Seshman — your client list, notes, goals, session records, invoices, and similar. You grant Seshman a non-exclusive, worldwide, royalty-free licence to host, store, transmit, display, and otherwise process that content as necessary to operate the service for you (including, for trainer-entered client data, transmitting it to the relevant client by email, push, or in-app surfaces).

Seshman owns the platform, the Seshman mobile and web applications, our branding, logos, documentation, and underlying code. Nothing in these Terms grants you any right to our intellectual property beyond the right to use the service as set out.

Indemnification

You agree to indemnify and hold Seshman harmless against any third-party claim, complaint, loss, damage, regulatory action, or legal cost (including reasonable legal fees) arising from:

• Your misuse of the service;
• Your breach of these Terms, including the warranties in Your obligations as a trainer;
• Personal data you record in Seshman about a third party (a client, an emergency contact, a minor) without an appropriate lawful basis;
• Any content you input into Seshman that infringes the rights of a third party.

Our liability cap in Limitation of liability does not limit this indemnity. We will notify you of any claim covered by this indemnity and you may control the defence (with our reasonable cooperation), provided that you do not settle a claim in a way that imposes obligations on Seshman without our written consent.

Service status (beta)

Seshman is currently in a beta release. While we operate the service on production-grade infrastructure and take its reliability seriously, you should expect rough edges, occasional bugs, and the possibility of changes to features or data structures as we iterate.

The service is provided "as is" and "as available", without warranties of any kind beyond those that cannot be excluded by law. We do not warrant that the service will be uninterrupted, error-free, or that it will meet your specific requirements. We will give reasonable notice of planned changes that may affect you.

This clause will be revised or removed when Seshman exits beta.

App Store and Google Play

If you obtained the Seshman mobile app through the Apple App Store or Google Play, the standard licence terms of that store also apply to your use of the app, in addition to these Terms. Apple Inc. and Google LLC are not parties to these Terms. To the extent there is any conflict between these Terms and the store's terms, these Terms control between you and us; the store's terms continue to govern your relationship with the store.

You acknowledge that the platform on which you installed the Seshman app may collect data about your device and your use of the app under its own terms; Seshman has no control over that data flow.

Availability

We aim to keep the service available at all times but do not guarantee uninterrupted access. We may perform maintenance or updates that temporarily affect availability. Where we can, we'll give reasonable notice.

Limitation of liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited or excluded under English law. Subject to that:

• To the maximum extent permitted by law, Seshman is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business, or opportunity, arising from your use of the service.
• Our total aggregate liability for any claim arising out of or related to the service is limited to the greater of (a) the amount you paid us in fees in the 12 months preceding the event giving rise to the claim, or (b) £100.

Termination

You may close your account at any time from inside the app. On closure, your data is handled in line with our Privacy Policy.

We may suspend or terminate your account if you materially breach these Terms, if your use of the service threatens its reliability or the safety of other users, or if we are required to do so by law. Where reasonable, we will give you notice and an opportunity to remedy the breach before suspending or terminating.

Changes to these Terms

We may update these Terms from time to time. Material changes — including changes to your obligations, subscription terms, liability, or data-handling — will be notified to you by email and via an in-app banner at least 30 days before they take effect.

Minor changes (wording, structure, clarifications) are made silently and noted on our change log. Continued use of the service after a change takes effect constitutes acceptance of the updated Terms.

Force majeure, assignment, severability, and similar

Force majeure

We are not liable for any failure or delay in performing our obligations under these Terms caused by events outside our reasonable control — including (without limit) failures of public or private telecommunications networks, third-party cloud-infrastructure outages, acts of God, war, terrorism, civil unrest, fire, flood, pandemic, or government action.

Assignment

You may not transfer or assign your rights under these Terms without our prior written consent. We may assign or novate these Terms in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of our assets. We will tell you if we do so.

Severability

If any provision of these Terms is held to be unlawful, invalid, or unenforceable, the rest of these Terms continues in full force and effect; the offending provision is treated as deleted to the extent necessary to bring the Terms into compliance.

Entire agreement

These Terms, together with the Privacy Policy and Schedule 1, set out the entire agreement between you and Seshman in relation to the service, and supersede any prior agreements, statements, or representations on the same subject.

Waiver

Our failure to enforce any provision of these Terms on any occasion does not waive our right to enforce it on a later occasion.

No partnership or agency

Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency relationship between you and Seshman, or between Seshman and your clients.

Notices

Where we need to give you formal notice (for example, a Terms change or account suspension), we will do so by email to the address on your account and/or by an in-app banner. Where you need to give us formal notice, please email privacy@seshman.com with the subject line containing "Notice".

Governing law

These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales. If you are a consumer based outside England and Wales, you also benefit from the mandatory protections of the consumer laws of your country of residence.

Language

These Terms are provided in English. If we provide translations, the English version is the authoritative one for legal purposes.

Contact us

General contact: seshman.com/contact.

Privacy and data-protection questions: privacy@seshman.com.

Postal address: Inca Labs Limited, 167-169 Great Portland Street, Fifth Floor, London, W1W 5PF, United Kingdom.

Schedule 1 — Data Processing Agreement

This Schedule applies where you use Seshman to process personal data about your clients or other third parties. It satisfies the requirements of Article 28 of the UK General Data Protection Regulation (UK GDPR) for a written contract between a controller (you) and a processor (Seshman). By accepting these Terms, you and Seshman enter into this Schedule.

1. Subject matter and duration

The subject matter is Seshman's processing of personal data on your instructions in providing the service. The duration is the period during which you have an active Seshman account, plus any retention period set out in the Privacy Policy.

2. Nature and purpose of processing

Seshman processes personal data on your behalf for the purpose of running the Seshman service — including storage, transmission to the relevant client by email, push, or in-app surfaces, generation of invoices and receipts, and the operation of the Seshman mobile and web applications.

3. Types of personal data

Categories of personal data processed include identifiers (name, email, phone), training-related data (goals, injuries, session notes, schedules, packs, payments), and operational data (timestamps, audit trails). A full list is in the Privacy Policy.

4. Categories of data subjects

Data subjects include your clients (both those who use the Seshman app and offline clients who do not), parents or guardians of clients who are minors, and emergency contacts named by clients.

5. Controller and processor obligations

You are the controller in respect of personal data you record about your clients and other third parties using Seshman. Seshman is the processor of that data when acting on your instructions.

You warrant that you have a lawful basis under UK GDPR for the personal data you record in Seshman, including (where applicable) explicit consent for special-category (health) data; and that you have informed data subjects of the processing in line with Articles 13 and 14 of UK GDPR. The trainer warranties in Your obligations as a trainer form part of those undertakings.

Seshman will only process personal data on your documented instructions (the act of using the service constituting those instructions), except where required to do so by UK or EU law (in which case we will inform you of the legal requirement unless prohibited from doing so).

6. Sub-processors

You authorise Seshman to engage sub-processors as listed at seshman.com/sub-processors. We will give you at least 30 days' prior notice of any material addition to or replacement of sub-processors. You may object to a proposed change; where the change is material and you reasonably object, you may terminate your subscription with effect from the date the change takes effect, and we will refund any prepaid fees for the period after termination.

We impose data-protection obligations on each sub-processor that are no less protective than those in this Schedule, and remain liable to you for each sub-processor's performance of those obligations.

7. International transfers

Where Seshman or a sub-processor transfers personal data outside the United Kingdom, we rely on the UK Extension to the EU-U.S. Data Privacy Framework where the recipient is self-certified, and on the UK International Data Transfer Agreement or the EU Standard Contractual Clauses with the UK Addendum where required. The transfer mechanism for each sub-processor is listed at seshman.com/sub-processors.

8. Confidentiality

Seshman ensures that personnel authorised to process personal data on your behalf are bound by appropriate confidentiality obligations.

9. Security

Seshman implements appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including encryption of personal data in transit and at rest, hardened cloud infrastructure, scoped access controls, audit logging, and regular review of those measures.

10. Assistance with data-subject rights

Seshman will, taking into account the nature of the processing, assist you by appropriate technical and organisational measures (insofar as this is possible) to fulfil your obligation to respond to requests from data subjects exercising rights under Chapter III of UK GDPR. Where a data subject contacts Seshman directly (for example, an offline client emailing privacy@seshman.com), we will coordinate the response with you where the request concerns data you control.

11. Assistance with controller obligations

Seshman will assist you in ensuring compliance with your obligations under Articles 32 to 36 of UK GDPR (security, breach notification, impact assessments, prior consultation) taking into account the nature of the processing and the information available to us.

12. Breach notification

Seshman will notify you without undue delay after becoming aware of a personal data breach affecting personal data we process on your behalf. The notification will include, to the extent we know it: the nature of the breach, approximate numbers of data subjects and records concerned, the likely consequences, and the measures we have taken or propose to take.

13. Return or deletion of data on termination

On termination of your subscription, Seshman will, at your choice, delete or return all personal data we hold on your behalf, and delete existing copies, except where the law requires storage of the personal data (for example, UK tax-record retention). The default behaviour is deletion in line with the schedule in the Privacy Policy.

14. Audit

Seshman will make available to you the information necessary to demonstrate compliance with this Schedule, and allow for and contribute to audits — including inspections — conducted by you or an auditor mandated by you. Where Seshman has a recent independent audit or certification covering the relevant areas, providing that audit or certification report will satisfy the audit obligation. Reasonable advance notice and confidentiality terms apply.

15. Order of precedence

To the extent there is any conflict between this Schedule and the rest of these Terms in relation to the processing of personal data, this Schedule controls.