Terms of Service

01

Acceptance and eligibility

These Terms of Service ("Terms") are an agreement between you and Qonqur LLC, doing business as Traination ("Traination," "we," "us," or "our"). They govern your access to and use of Traination's websites, web and mobile applications, software, content, features, integrations, and related services (collectively, the "Service").

By accessing or using the Service, creating an account, or clicking to accept these Terms, you agree to be bound by them and by our Privacy Policy. If you use the Service for an organization, you represent that you have authority to bind that organization, and "you" includes the organization. If you do not agree, do not access or use the Service.

Users must be at least 13. Trainers and organizations are responsible for obtaining any parental or guardian consent required before inviting a minor Client. Traination does not independently verify that consent.

02

Changes to these Terms

We may update these Terms from time to time. When we make changes, we will post the revised Terms and update the "Last updated" date. If a change materially affects your rights or obligations, we will provide additional notice when required by law, such as through the Service or by email.

Changes take effect when stated in the notice or, if no date is stated, when posted. Your continued use of the Service after updated Terms take effect means you accept them. If you do not agree to an update, you must stop using the Service and may cancel your account.

03

Accounts and security

You agree to provide accurate, current, and complete account information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account, except to the extent caused by Traination's breach of these Terms or applicable law.

• Do not share your credentials or allow another person to use your individual account.
• Notify us promptly at admin@traination.fit if you suspect unauthorized access, credential theft, or another security incident.
• Account owners are responsible for inviting, removing, and assigning appropriate permissions to Trainers, staff, and other authorized users in their workspace.
• You are responsible for ensuring that people who access the Service through your account or organization understand and comply with these Terms.

We may require identity, account, or payment verification and may disable credentials that we reasonably believe are compromised or being used in violation of these Terms.

04

The Traination Service

Traination provides software that helps personal trainers, coaches, gyms, studios, and other fitness professionals ("Trainers") create and deliver programs, communicate with and support customers ("Clients"), track progress, manage coaching activities, and use related business tools.

Subject to these Terms, Traination grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Service for its intended purposes during the applicable account or subscription term. You may use the Service for your coaching business, but you may not resell, rent, lease, or provide the Service as a standalone product unless we agree in writing.

We may add, change, suspend, or discontinue features as the Service develops. We will use commercially reasonable efforts to provide notice before a material reduction to paid Service functionality when practicable. Beta, preview, trial, and early-access features may be changed or withdrawn at any time and may be subject to additional terms.

05

Subscriptions and payments

Some parts of the Service may be free, offered in beta, or require payment. The plan, included features, usage limits, subscription period, price, taxes, and any additional terms presented at checkout or in an order form are part of these Terms. If an order form conflicts with these Terms, the order form controls for that purchase.

Billing and renewal

If you purchase a subscription, you authorize Traination and its payment processor to charge the payment method you provide for applicable fees and taxes. Unless the checkout or order form says otherwise, subscriptions renew automatically for the same period until canceled. Renewal pricing will be the then-current price communicated to you before renewal when notice is required by law.

Cancellation, refunds, and payment issues

You may cancel through the available account controls or by contacting us. Unless otherwise stated at purchase, cancellation takes effect at the end of the current paid period. Fees are non-refundable except where required by law or expressly stated in an applicable order, offer, or refund policy. If payment is overdue or rejected, we may retry the charge, limit or suspend paid features, or downgrade the account after providing any notice required by law.

Taxes and price changes

Prices do not include taxes unless stated otherwise. You are responsible for applicable sales, use, value-added, withholding, or similar taxes, other than taxes on Traination's income. We may change prices prospectively and will provide notice before the change applies to an existing subscription when required.

06

Payment processing by Stripe

Traination uses Stripe and its affiliates ("Stripe") to process payments for subscriptions and other paid transactions made through the Service. By submitting a payment, you authorize Traination and Stripe to charge your selected payment method for the amounts shown at checkout, including applicable taxes, recurring subscription fees, and any other charges you approve.

Payment details are submitted directly to Stripe. Traination does not store full payment-card numbers or card security codes. Stripe may collect and process transaction information such as your name, contact and billing details, payment-method information, purchase amount and date, payment status, subscription status, and information about refunds, disputes, or chargebacks. Traination may receive limited payment information and transaction identifiers needed to manage your subscription, provide support, maintain financial records, prevent fraud, and enforce these Terms.

Stripe may share transaction information with banks, card networks, payment-method providers, fraud-prevention providers, and other financial partners as needed to authenticate and process a transaction, prevent fraud, comply with law, and handle refunds or disputes. Stripe processes personal information under its own Privacy Policy. Traination's business use of Stripe is governed by the Stripe Services Agreement. If you choose an optional Stripe consumer service, such as Link, any additional terms presented by Stripe also apply to your use of that service.

You represent that you are authorized to use the payment method you provide and that the payment information is accurate. Payment processing may be refused, delayed, or reversed by Stripe or a financial institution for security, legal, or payment-network reasons. Traination's cancellation and refund terms remain as described in the Subscriptions and payments section above.

07

Trainers and Clients

Traination provides technology and is not a party to the independent coaching relationship between a Trainer and a Client. Trainers, not Traination, are responsible for their services, qualifications, professional obligations, business practices, pricing, payment arrangements with Clients, and compliance with laws and industry standards that apply to their work.

Trainers are responsible for obtaining all permissions and consents needed to invite Clients, create or manage Client records, communicate through the Service, and process health, wellness, or other sensitive information. Clients should direct questions about a Trainer's program, advice, fees, or handling of coaching records to that Trainer.

Traination does not employ, supervise, endorse, certify, or guarantee any Trainer or Client. Each user is responsible for evaluating whether a coaching relationship, program, exercise, or recommendation is appropriate for them.

08

Health and fitness disclaimer

Content available through the Service, including workouts, nutrition-related information, progress information, automated suggestions, and content supplied by Trainers or other users, is for general informational and coaching purposes only. It is not a substitute for advice from a qualified healthcare professional and should not be treated as complete or appropriate for every person.

Physical activity and changes to diet can involve risk, including injury, illness, or death. You should consult an appropriate healthcare professional before beginning or changing a fitness, nutrition, or wellness program, particularly if you have an injury, medical condition, are pregnant, take medication, or have other health concerns. Stop activity and seek appropriate help if you experience pain, dizziness, shortness of breath, or other concerning symptoms. Do not use the Service for emergencies; contact local emergency services.

09

AI-assisted features

The Service may offer artificial-intelligence-assisted features that generate or suggest workouts, nutrition-related content, summaries, text, or other outputs based on information you provide. AI outputs may be incomplete, inaccurate, unsuitable, or similar to content generated for other users. They do not replace a Trainer's professional judgment or advice from a qualified healthcare professional.

• Review and verify AI output before using, publishing, assigning, or relying on it.
• Do not submit information you lack the right or permission to use, or information prohibited by these Terms.
• Trainers remain responsible for deciding whether AI-assisted content is safe, appropriate, and properly adapted for a particular Client.
• You may use output for lawful purposes, subject to these Terms and any third-party rights that may apply.

Our handling of information submitted to AI-assisted features is described in our Privacy Policy.

10

User Content

"User Content" means information or material that you or users acting through your account upload, create, submit, store, send, or make available through the Service, including programs, exercises, messages, notes, files, images, videos, branding, Client records, and feedback. As between you and Traination, you retain ownership of your User Content.

You grant Traination and our service providers a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt, transmit, display, and otherwise use User Content only as reasonably necessary to provide, maintain, secure, support, and improve the Service; follow your instructions; enforce these Terms; and comply with law. This license lasts for as long as the User Content is stored with the Service, subject to reasonable backup and legal-retention periods.

You represent that you have all rights, permissions, notices, and consents necessary to provide User Content and permit its use as described in these Terms. You are responsible for the legality, accuracy, quality, and appropriateness of User Content and for maintaining copies you need outside the Service.

If you voluntarily send us feedback, ideas, or suggestions about Traination, you allow us to use them without restriction or compensation. This does not give us ownership of private coaching records or other User Content.

11

Acceptable use

You may use the Service only lawfully and in accordance with these Terms. You must not:

• Violate any law, regulation, court order, professional obligation, privacy right, intellectual property right, or other right of any person.
• Upload, share, or promote content that is unlawful, fraudulent, deceptive, defamatory, harassing, hateful, sexually exploitative, violent, or otherwise harmful.
• Exploit or endanger minors, request sensitive information from them without proper authority, or use the Service in a manner inconsistent with child-safety laws.
• Impersonate another person, misrepresent your identity or qualifications, or falsely suggest affiliation with or endorsement by Traination.
• Send spam, unauthorized advertising, chain messages, or other unsolicited communications.
• Introduce malware or harmful code, disrupt the Service, bypass security or usage limits, probe for vulnerabilities, or gain unauthorized access to accounts, systems, or data.
• Use automated means to scrape, copy, monitor, or extract content or data except through an interface we expressly make available or with our written permission.
• Reverse engineer, decompile, disassemble, copy, modify, or create derivative works of the Service except where applicable law expressly permits and does not allow the restriction to be waived.
• Use the Service or its output to build or train a competing product or model, benchmark it for publication without permission, or resell access to it.
• Use the Service to make fully automated decisions that create legal or similarly significant effects for a person without appropriate human review and a lawful basis.

12

Intellectual property

The Service, including its software, design, text, graphics, interfaces, features, trademarks, logos, and other content supplied by Traination, is owned by Qonqur LLC or its licensors and is protected by intellectual property and other laws. Except for the limited right to use the Service under these Terms, no right, title, or interest is transferred to you.

Traination's name, logos, product names, and related marks may not be used without our prior written permission. Other names and marks appearing in the Service belong to their respective owners. You may make a reasonable number of copies of public website pages for personal, non-commercial reference, provided you do not remove proprietary notices or alter the material.

If you believe content in the Service infringes your copyright or other rights, contact us with a description of the work or right, the allegedly infringing material and its location, your contact information, and a statement supporting your claim. We may remove material and suspend repeat infringers when appropriate.

13

Third-party services

The Service may link to, integrate with, or rely on third-party products and services, including payment processors, identity providers, calendars, content providers, app stores, and AI service providers. Third-party services are governed by their own terms and privacy policies, and you are responsible for complying with them.

Traination does not control and is not responsible for third-party content, availability, security, or practices. Your use of a third-party service is at your own risk, except to the extent Traination is responsible under applicable law for the vendors we use to provide the Service.

14

Privacy

Our Privacy Policy explains how we collect, use, disclose, and protect personal information. By using the Service, you acknowledge those practices.

When a Trainer or organization determines why and how Client information is processed, that Trainer or organization is generally responsible for its instructions, privacy notices, permissions, and legal basis. Traination may process that information as a service provider or processor on its behalf. Additional data-processing terms may apply where agreed in writing.

15

Suspension and termination

You may stop using the Service at any time and may close your account through available account controls or by contacting us. Subscription charges and access continue until cancellation takes effect as described in the Subscriptions and payments section.

We may suspend, restrict, or terminate access if we reasonably believe you have violated these Terms, created risk or legal exposure, failed to pay applicable fees, used the Service fraudulently, or threatened the security or operation of the Service or the safety of others. We may also remove or restrict User Content that violates these Terms. When practicable, we will provide notice and an opportunity to cure, but we may act immediately when necessary to prevent harm, comply with law, or protect the Service.

Upon termination, your right to use the Service ends. Provisions that by their nature should survive will remain in effect, including provisions about fees owed, ownership, disclaimers, limitation of liability, indemnification, disputes, and general terms. Data may be deleted or retained as described in our Privacy Policy and any applicable order or data-processing terms.

16

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TRAINATION AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, RELIABILITY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; OR THAT CONTENT, OUTPUTS, RESULTS, TRAINERS, CLIENTS, OR THIRD-PARTY SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS. YOU ARE RESPONSIBLE FOR USING APPROPRIATE SAFEGUARDS AND MAINTAINING BACKUPS OF CONTENT IMPORTANT TO YOU.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES A WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.

17

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TRAINATION, ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TRAINATION AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO TRAINATION FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE SUCH A LIMITATION IS PROHIBITED.

18

Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Qonqur LLC, Traination, their affiliates, and their respective officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns from claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable legal fees, arising out of or related to your User Content, your coaching or business activities, your violation of these Terms or law, or your infringement of another person's rights.

We will provide reasonable notice of an indemnified claim and allow you to control its defense, provided you may not settle a claim in a way that admits fault by or imposes obligations on Traination without our written consent. We may participate with counsel of our choosing at our own expense.

19

Governing law and disputes

These Terms and any dispute arising out of or related to them or the Service are governed by the laws that apply in the state where Qonqur LLC is organized, without regard to conflict-of-law principles. Unless applicable law requires otherwise, the state and federal courts with jurisdiction over Qonqur LLC's principal place of business will have exclusive jurisdiction, and you consent to personal jurisdiction and venue in those courts.

Before filing a formal claim, you and Traination agree to try in good faith to resolve the dispute informally. Send a written description of the issue and the relief requested to admin@traination.fit. If the dispute is not resolved within 30 days after receipt, either party may proceed with any remedy available under these Terms and applicable law.

To the fullest extent permitted by law, a claim arising out of or related to these Terms or the Service must be brought within one year after the claim accrued, or it is permanently barred. This limitation does not apply where applicable law prohibits it.

20

General terms

• Entire agreement: These Terms, the Privacy Policy, applicable order forms, and any additional terms expressly incorporated by reference are the entire agreement between you and Traination regarding the Service and supersede prior agreements on the same subject.
• Order of precedence: If there is a conflict, a signed order form or other written agreement controls, followed by applicable additional terms, these Terms, and the Privacy Policy, unless the document expressly states otherwise.
• Assignment: You may not assign or transfer these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
• No waiver: A failure to enforce a provision is not a waiver. A waiver is effective only if in writing and applies only to the specific instance stated.
• Severability: If a provision is held invalid or unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain effective.
• No third-party beneficiaries: These Terms do not create rights for anyone other than you and Traination, except where they expressly say otherwise.
• Force majeure: Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.
• Electronic communications: You agree that notices, disclosures, and other communications may be provided electronically. Electronic communications satisfy legal writing requirements to the extent permitted by law.
• Headings: Section headings are for convenience only and do not affect interpretation.