ASA ruling on Dance App

The Advertising Standards Authority has ruled that Gismart Ltd t/a Dancebit breached the CAP code by claiming in an advertisement that the service was free when that was not the case and the consumer was required to pay upfront, only receiving a reimbursement after obtaining a 28-day streak on the app.

The advertisement was a paid-for Facebook advertisement by Dancebit. The advert contained a video of various animated characters dancing and included on-screen text “Start dancing today, and see the difference by the end of February […] IT’S FREE NOW”.

In their response, Gismart Ltd t/a Dancebit claimed that the advert reflected a money-back model and that the user of the app was entitled to receiving a refund if they completed the 28-day workout challenge. The upfront charge was a commitment bond, as the user was only able to claim a refund if they submitted two screenshots showing four weeks of completed sessions.

The ASA upheld the complaint that the claim was misleading on the basis that the average consumer was unlikely to be aware of the specific conditions of the money-back model. The claim, on its own, appeared unconditional and absolute.