END USER TERMS OF SERVICE

Last Updated: May 5, 2022


SERVICE TERMS APPLICABLE TO CONSUMERS (“END USERS”):


SERVICE TERMS APPLICABLE TO END USERS FOR ALL OTHER LOCATIONS


These Terms of Service (this “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website located at www.trainerize.com and the Trainerize mobile software application (collectively, the “Site”), each owned and operated by TSR Gym Technik Ltd. and its affiliates (collectively, “Trainerize”, “we”, “our” or “us”), and the services available thereon, including without limitation the services described in the “Service Description” section below (the “Service”).


If you have registered to use the Service by placing an order for a specific usage plan with Trainerize, thereby allowing access to and use of the Site by various End Users, or as a trainer, gym, coach or other fitness or nutrition professional, including without limitation, for the purpose of offering, providing or otherwise furnishing fitness training, meal planning or other related services to one or more End Users, you are a “Business User” and this Agreement does not apply to you. The Terms of Service applicable to Business Users are available here: https://www.trainerize.com/businessTerms.


If you have registered to use the Service for the purpose of accessing, obtaining or otherwise acquiring fitness training, meal planning or other related services from a trainer, gym, coach or other fitness or nutrition professional, you are an “End User” and you agree to be bound by this Agreement.


BY ACCESSING OR USING THE SITE OR SERVICE OR BY CLICKING ON THE “I ACCEPT” OR SIMILAR BUTTON IN RELATION TO THESE TERMS OF SERVICE, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICE.  IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICE.


IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.


IMPORTANT: THIS PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS.

THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN THE RESOLUTION OF CLAIMS BETWEEN TRAINERIZE AND YOU, INCLUDING THE REQUIREMENT THAT YOU RESOLVE ANY DISPUTES YOU HAVE WITH US THROUGH FINAL AND BINDING ARBITRATION, AND THAT YOU WAIVE THE RIGHT TO A JURY TRIAL OR CLASS ACTION LAWSUIT. PLEASE SEE THE “DISPUTES” SECTION BELOW FOR MORE INFORMATION.


By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement, and you agree that you have reviewed and understand Trainerize’s Privacy Policy located at https://www.trainerize.com/privacy the “Privacy Policy”), as it may be amended from time to time in the future. 


We may amend any part of this Agreement by adding, deleting, or varying its terms from time-to-time in our discretion.  We will provide you with notice of the proposed amendment by posting an amended version of this Agreement with a new “Last Updated” date and alerting you of such amendment by email or through a notification on the Service.  We will include a link to the previous version of the terms beneath the new “Last Updated” date. 


The amendments will take effect 30 days after the date on which the amended version is posted.  Prior to that date, the previous version of this Agreement will continue to apply.


If you disagree with any amendments, you may terminate this Agreement by ceasing to use the Site and Service at any time within the 30-day period before the amendments take effect.  If the amendment increases your obligations under this Agreement, or decreases our obligations under this Agreement, then you can also terminate in the 30 days after the amendments take effect.  In either case, there is no cost or penalty for terminating.  If you do not cease using the Site and Service during that time, then by your continued use, you are considered to have accepted the proposed amendments.


Ability to Enter into this Agreement

In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement.  It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you.  If you accept this Agreement, you represent that you have the capacity to be bound by it.


Service Description

The Service is the provision of access to and use of a platform that facilitates communications, interactions and transactions between Business Users and End Users for the purpose of enabling Business Users to monitor, coach, train and communicate with End Users, and enabling End Users to access workout and meal plans, track their progress, access their appointments and classes, buy products, and more. Access to and use of the platform is provided free of charge by Trainerize to you.

Trainerize does not provide or perform training or coaching. Trainerize is not responsible for any interactions that are facilitated through or in connection with the Service, nor does Trainerize have any control over the quality, timing, provision or failure to provide, or any aspect whatsoever relating to the provision of coaching, training, workouts, meal plans, progress tracking, appointments, classes, product purchases and other services provided by Business Users to End Users. 


Smart Meal Planner


Included as part of the Service is a tool that can be used to generate meal plans and healthy eating recommendations (the “Smart Meal Planner”). If you have elected to utilize the Smart Meal Planner, you acknowledge and agree that:

  1. the Smart Meal Planner is not a diagnostic tool or medical device;

  2. the Smart Meal Planner should not be used for the diagnosis, prevention, monitoring, treatment, alleviation, cure or mitigation of any disease, health or medical condition, injury, disability or physiological or pathological process or state;

  3. any recommendations provided through the Smart Meal Planner are not intended to be a substitute for professional medical advice, diagnosis or treatment and you should (i) review and consider the appropriateness of such recommendations before implementing them; and (ii) discuss questions about any medical condition or health concern with your physician or other suitable medical professional;

  4. you are solely responsible and liable for the information you input into the Smart Meal Planner, and you understand that the accuracy, suitability and safety of the meal plans and recommendations generated by the Smart Meal Planner may be negatively impacted if the information you input is inaccurate or misleading; and

  5. Trainerize makes no representations, warranties or guarantees regarding the accuracy of caloric and other food nutritional information provided through the Smart Meal Planner. All such information is sourced from third party food vendors and restaurants. Trainerize cannot control the quality, quantity or consistency of foods served and sold by such third parties.


Special Consents and Acknowledgements

YOU ACKNOWLEDGE AND AGREE THAT:

  1. IF YOU HAVE AN EMERGENCY, HAVE AN URGENT HEALTH CONCERN OR NEED TO OBTAIN MEDICAL ADVICE, YOU SHOULD REFRAIN FROM USING THE SERVICE AND SHOULD IMMEDIATELY CONTACT YOUR PHYSICIAN OR GO TO THE NEAREST HOSPITAL;

  2. THE INFORMATION CONTAINED WITHIN THE SERVICE AND THE CONTENT (AS DEFINED BELOW) IS INTENDED TO BE GENERAL IN NATURE, NOTHING CONTAINED WITHIN THE SERVICE OR THE CONTENT CONSTITUTES MEDICAL ADVICE AND YOU SHOULD NOT RELY ON ANYTHING CONTAINED WITHIN THE SERVICE OR THE CONTENT AS A SUBSTITUTE FOR APPROPRIATE AND TIMELY CONTACT WITH YOUR PHYSICIAN;

  3. TRAINERIZE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO: (I) CONTENT FORMING PART OF OR PROVIDED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION WORK-OUT PLANS, EXERCISE VIDEOS, AND OTHER SIMILAR CONTENT, WHETHER OR NOT PROVIDED BY OR ON BEHALF OF TRAINERIZE; OR (II) ANY BUSINESS USERS YOU INTERACT WITH THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THEIR QUALITY, EXPERTISE, EDUCATION  OR LEVEL OF CERTIFICATION; 

  4. INTERACTIONS WITH BUSINESS USERS THROUGH THE SERVICE OR OTHERWISE ARE AT YOUR SOLE DISCRETION AND RISK;

  5. YOU SHOULD NEVER CHANGE OR STOP ANY COURSE OF MEDICAL TREATMENT WITHOUT FIRST CONSULTING YOUR PHYSICIAN; AND

  6. PARTICIPATING IN AN EXERCISE PROGRAM OR DIET CAN CAUSE INJURY, AND YOU ELECT TO DO SO ENTIRELY AT YOUR OWN RISK. 


Intellectual Property Rights

All material available on the Site and all material and services provided by or through Trainerize, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws. 


Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, Trainerize grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you.  You are not permitted to download, copy or otherwise store any Materials.


If Trainerize, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service or any of its users, data, or Materials, or to your or a third party system, then Trainerize may immediately suspend access to or use of the Service by you or any or all Business Users or End Users.  The suspension of use and access is not a breach of this Agreement. You acknowledge that the preservation of security, confidentiality and data is paramount.  Trainerize has no liability to you for suspending the Service under this provision or for any other reason, with or without cause. 


This section does not apply to Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to Trainerize related to the Service, the Site or Trainerize or its business (“Feedback”) are and will be Trainerize’s exclusive property without any compensation or other consideration payable to you by Trainerize, and you do so of your own free will and volition.  Trainerize may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Trainerize may decide into the Site, the Service, its software, documentation, business or other products or services, or any future versions or derivatives of the foregoing.  You hereby provide to Trainerize a perpetual, royalty-free, transferable, worldwide license to use for any reason all rights in any Feedback and, as applicable, procure the waiver of any moral rights and consent to acts which might otherwise infringe your moral rights. 


For the purposes of this Agreement and the Privacy Policy, “personal information” is any information about or relating to an identified or identifiable individual, as defined in our Privacy Policy.


Trainerize retains the right to use or share any Aggregated Data generated by anyone using the Site or the Service, including our users, for the purpose of enhancing and providing the Service.  “Aggregated Data” means data that does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information.  You are still responsible for any and all personal information that is part of any Content.


Your Account

Before you can interact with any Business Users via the Service, you must sign up for a Trainerize account (“Account”). In doing so, you agree that Trainerize is providing you with one user identification reference that you will use to create a username and password (together, the “User ID”) to the extent, and only to the extent, necessary to access and use the Site and Service in accordance with this Agreement.  You agree and understand that you are responsible for maintaining the confidentiality of your User ID.  That User ID, together with any or other user information you provide, including but not limited to your social media profiles and location, will form your “Profile Information” and allow you to access your Account.  You will provide true, accurate, current and complete information about yourself, and you agree not to misrepresent your Profile Information.  You represent and warrant to Trainerize that you have not misrepresented any Profile Information.  We do not provide backups of your Profile Information, and you are responsible for any Profile Information that may be lost or unrecoverable through the use of the Site or Service. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity.  You agree not to disclose your User ID to any third party.  You are solely responsible for all activities that occur under your Account or under your Profile Information.  If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Trainerize immediately.  It is your responsibility to update or change any Account or Profile Information, as appropriate. 


In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to any Trainerize subscriptions at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting help@trainerize.com. Doing so may have a material impact on our ability to provide any Service to you, and we are not responsible if you do so.


Business User Payments and Payment Processors

Certain Business Users have elected to utilize the Service to process payments related to goods or services offered by them to End Users through the Service (the “Integrated Payments Service”). Processing of payments for goods or services you receive from a Business User (“Business User Payments”) through the Integrated Payments Service is provided by Stripe Payments Canada Ltd., Recurly, Inc., Bambora Inc and their respective affiliates (each a “Payment Processor” and collectively, the “Payment Processors”). By providing your credit card or bank account details when making a Business User Payment, you authorize us to provide this information to the Payment Processors. You acknowledge and agree that each Payment Processor’s terms will govern your relationship and interactions with that Payment Processor and that our terms and policies do not govern with regard to the processing of your payment by any of the Payment Processors, and that we have no liability arising from your use of or access to any Payment Processor’s services. We are not responsible for any errors by any Payment Processor. You should review the applicable terms and policies of each Payment Processor, including their privacy and data gathering practices, available at the following websites: 

  1. Stripe Payments Canada Ltd.: https://stripe.com/en-ca/privacy

  2. Recurly, Inc.: https://www.recurly.com/legal/terms/

  3. Bambora Inc.: https://www.bambora.com/terms-and-conditions/

If you make a Business User Payment, Trainerize will, through its Payment Processors, facilitate the transfer of the Business User Payment to the applicable Business User, and such method of payment shall be considered the same as payment made directly by you to the Business User. You may only use the Service for legitimate transactions with Business Users. You are responsible for your relationship with Business User. Trainerize is not responsible for or liable to you for the goods or services you purchase from Business Users or for authorized and completed Business User Payments that are later the subject of a dispute, refund, or reversal, are submitted without authorization or in error, or violate any applicable laws.


Business User Payments paid by you are final and non-refundable, unless otherwise determined by Trainerize or the Business Users, as applicable.  


Trainerize may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Service or the Business User Payments applied to you. 


Submission of Content

The Site and the Service available thereon enable you to provide or upload content, including but not limited to messages, materials, data, text, music, sound, photos, videos, graphics, applications, code and other information or content (collectively, “Content”), to Trainerize and/or Business Users for the purpose of providing the Service or as otherwise permitted under this Agreement.  You acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and the consequences for submitting, providing or uploading it.  


Trainerize will use Content you upload solely in connection with providing the Service to you, and for no other reason.  You agree that by uploading, or otherwise providing any Content on or through the Site and/or the Service, you grant to Trainerize a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such Content, solely in connection with providing the Service to you.  This license includes the right to host, index, cache or otherwise format your Content in order to provide the Service. 


You acknowledge and agree that your Content may be disclosed to others in accordance with the selected privacy settings, utilized features and general functionality of the Service, and as such may be accessible to others including without limitation to: (i) other End Users of the Service; (ii) Business Users and their agents, (iii) third party service providers and their agents; (iv) any other person to whom any of the foregoing persons have granted access to your Content and (v) our affiliates in accordance with the Privacy Policy.  Trainerize shall take commercially reasonable steps to ensure that Content identified as private within the functionality of the Service is not shared (unless you select otherwise), but you acknowledge and agree that Trainerize cannot and does not guarantee any confidentiality with respect to your Content whatsoever.


You represent and warrant that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Trainerize or Trainerize’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. 


You agree that Trainerize is not responsible for any violations of any third party intellectual property rights, privacy rights, publicity rights, trademark rights, contract rights or any other rights of any person or entity  in any Content that you submit to Trainerize.  You agree to pay all royalties, fees and any other monies owing to any person by reason of the Content uploaded, displayed or otherwise provided by you to the Site. 


Monitoring

Trainerize may, but has no obligation to, monitor Content on the Site, or any website created using our Service.  You consent to such monitoring.  We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Trainerize or its customers, or operate the Site or Service properly, or improve the Site or Service.  Trainerize, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement, including, but not limited to the Privacy Policy. 


Trademarks and Rights of Publicity

Trainerize responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging. Please be aware that celebrities, and others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. If you use a celebrity name or likeness on the Service and you do not have the celebrity's permission, you risk infringing the celebrity’s rights, and depending on the circumstances, this may be true for non-celebrities as well.


If you believe your rights have been infringed on the Service, please submit a notification of infringement to our agent listed in the Section entitled “Copyright and Trademark Compliance and Complaints” below. To submit a notification, you must be the trademark owner or the individual featured in a manner violating your rights of publicity, or an authorized agent of the trademark owner or featured individual. 


When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office or other national trademark office. Please also provide the location on the Service where you believe the infringement is occurring. 

Copyright and Trademark Compliance and Complaints

If you are an intellectual property owner or an agent thereof and believe that either (1) any Content on the Service or (2) any material or activity contained on an online location to which the Service have referred or linked users, infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail): 

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service; 

  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link); 

  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; 

  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Notification pursuant to the DMCA should be submitted to:

Phone: 1-844-625-1155

Email: copyright@trainerize.com

You acknowledge that if you fail to comply with all of the requirements of this “Copyright and Trademark Compliance and Complaints” Section, your DMCA notice may not be valid. Emails or notices sent to Trainerize without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to. 


Acceptable Use and Conduct

You agree that you will not publish or make available any Content that, or use the Site or Service in a manner that: 

  1. infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;

  2. contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  3. is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;

  4. is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;

  5. is harmful to minors in any way;

  6. is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Trainerize; 

  7. impersonates a Trainerize employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or Service or a portion thereof without proper authorization;

  8. interferes or attempts to interfere with the proper working of the Site or Service or prevents others from using the Site or Service, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site or Service;

  9. uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Service or the content contained therein;

  10. facilitates the unlawful distribution of copyrighted Content;

  11. except as expressly permitted by Trainerize, licenses, sublicenses, rents or leases the Service to third parties, or uses the Service for third party training, commercial time-sharing or service bureau use;

  12. includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site or Service to users;

  13. constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests; 

  14. stalks or otherwise harasses anyone on the Site or using the Service or with information obtained from the Site or Service; 

  15. collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;

  16. requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Service for the purposes of automating logins to the Site;

  17. attempts to gain unauthorized access to the computer systems of Trainerize or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Service;   

  18. posts adult or pornographic Content;

  19. decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Service or any other Trainerize technology;

  20. copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site or Service;

  21. accesses the Site or Service for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Service; 

  22. accesses the Site or Service for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or

  23. accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach or override of security to the Site or Service; (ii) interfering with the proper working, functionality or performance of the Site or Service; or (iii) preventing others from accessing or using the Site or Service.


Disclaimer of Warranties

THIS PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS. YOUR USE OF THE SITE OR SERVICE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK.  THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TRAINERIZE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.  


THIS PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS. TRAINERIZE DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU AGREE THAT FROM TIME TO TIME TRAINERIZE MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU, AND WITHOUT INCURRING ANY LIABILITY TO YOU OR ANY THIRD PARTY.  YOUR ACCESS AND USE OF THE SITE AND THE SERVICE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICE OR OTHER ACTIONS THAT TRAINERIZE, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE.  TRAINERIZE MAKES NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITE OR SERVICE; OR (B) THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE SITE OR SERVICE. 


TRAINERIZE IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY TRAINERIZE, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, ANY THIRD PARTY SITES OR SERVICES ACCESSED THROUGH LINKS ON OUR SITE OR SERVICES, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY TRAINERIZE. 


YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE AND SERVICE.  TRAINERIZE DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND SERVICE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.


THIS PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRAINERIZE OR THROUGH OR FROM THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 


THE SITE AND SERVICE ARE OFFERED AND CONTROLLED BY TRAINERIZE FROM ITS FACILITIES IN CANADA.  TRAINERIZE MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN CANADA AND THE UNITED STATES. THOSE WHO ACCESS OR USE THE SITE OR SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.


Third Party Sites and Content

The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site.  These other websites are not under Trainerize’s control, and you acknowledge that Trainerize is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources.  The inclusion of any such link does not imply endorsement by Trainerize or any association with its operators.  You further acknowledge and agree that Trainerize will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource.  Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.


Without limiting the foregoing, the Service utilizes certain YouTube API services, and by using the Service you are also agreeing to be bound by the YouTube Terms of Service (found at https://www.youtube.com/t/terms), as may be amended from time to time.


Exclusive Remedy and Limitation of Liability

THIS PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS. YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL TRAINERIZE OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICE (EVEN IF TRAINERIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR SERVICE, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT.  TRAINERIZE’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO CDN$100.  TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, TRAINERIZE’S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING OR ANYTHING ELSE HEREIN TO THE CONTRARY, TRAINERIZE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF IN ANY WAY WITH RESPECT TO A TRIAL PROGRAM OR YOUR PROVISION OF AN INDIVIDUAL’S PERSONAL INFORMATION TO TRAINERIZE OR THROUGH THE SERVICE. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND. 


THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICE PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN TRAINERIZE AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.  YOU ALSO AGREE THAT TRAINERIZE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.


You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:  A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.


THIS PARAGRAPH IS NOT APPLICABLE TO QUEBEC CONSUMERS. Trainerize will have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any modification, suspension or discontinuance of the Site and/or the Service. 


Indemnity

You agree to indemnify, defend, and hold harmless Trainerize, and its subsidiaries, affiliates, co-branders, all third party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, the Site or the Service, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Service and any Content, including without limitation your Profile Information, any Content you make available through the Site or Service, and any third party Content forming part of the Site;  (b) your violation or alleged violation of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein.  Trainerize reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Trainerize and you agree to cooperate with Trainerize’s defense of these Claims. You agree not to settle any matter without the prior written consent of Trainerize.  Trainerize will use reasonable efforts to notify you of any such Claims upon becoming aware of it.


Cancellation and Termination

Depending on the settings established by your trainer, gym, coach or other fitness or nutrition professional that provided you with access to the Service, if you wish to cancel your use of the Service, you may either cancel your Account at any time through the interface provided as part of the Service, or you may need to cancel pursuant to the contract you have entered with your trainer, gym, coach or other fitness or nutrition professional.  Email requests (from email accounts other than your Trainerize email account) or phone requests to cancel your Account may not be accepted.


You will remain liable for all charges accrued on your Account up to the time of cancellation. Trainerize is under no obligation to store your Content and may delete your Account and your Content immediately upon cancellation or termination of your Account for any reason.


Trainerize reserves the right at any time, and without cost, charge or liability, to terminate this Agreement for any serious reason, including, but not limited to, a failure to comply with the terms of this Agreement, if your use of the Site or Service is in violation of this Agreement or applicable laws, if your use disturbs the normal operation of the Site or Service for other users, or attempts to circumvent our security measures. Trainerize reserves the right to modify, suspend or discontinue the Site and/or Service, or any portion thereof, at any time and for any reason.  


Data Usage and Charges

The Service may use information and data transmission networks operated by third parties to send data, information and Content from a computer or device to Trainerize’s servers, and to serve data, information and Content back to such computer or device.  Depending on your wired or wireless data or similar plan with such third party operators, you may incur charges from such third party operators for use of its information and data transmission networks.  You are solely responsible for any and all costs, including without limitation wireless and cellular data costs, you may incur as a result of the usage of the Service and/or as a result of data, information and Content submitted or received by your computer or device through the Service.


Disputes

THIS SECTION IS NOT APPLICABLE TO QUEBEC CONSUMERS. 

BY AGREEING TO THIS AGREEMENT, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST TRAINERIZE ON AN INDIVIDUAL BASIS IN ARBITRATION AS SET FORTH IN THIS SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST TRAINERIZE, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION BROUGHT AGAINST TRAINERIZE BY SOMEONE ELSE.  

YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY. 

YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

All disputes arising out of or in connection with this Agreement, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration:

  1. if you are a US resident, under the Streamlined Arbitration Rules and Procedures of JAMS, and the place of arbitration shall be Seattle, Washington; and

  2. if you are a resident of any other jurisdiction, under the applicable Rules of Procedure of the Vancouver International Arbitration Centre, and the place of arbitration shall be Vancouver, British Columbia, Canada.

Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, we will pay them for you. 

The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.

If there is any dispute between you and Trainerize about or involving this Agreement, the Site or the Service:

  1. if you are a US resident, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the State of Washington, or US federal law to the extent applicable, without regard to conflict of law provisions; and

  2. if you are a resident of any other jurisdiction, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to conflict of law provisions.

Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that this Agreement specifically enforceable by us through injunctive relief and other equitable remedies without proof of monetary damages.

No action, regardless of form, which arises from or is related in any way whatsoever to this Agreement, may be commenced by you more than twelve (12) months after such cause of action accrues.


Miscellaneous

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.


If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement. 


This Agreement, and any rights and licenses granted hereunder, may not be transferred, assigned or sold by you, but may be transferred, assigned and sold by Trainerize without restriction.


You agree that if Trainerize does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Trainerize has the benefit of under any applicable law), this will not be taken to be a formal waiver of Trainerize’s rights and that those rights or remedies will still be available to Trainerize. 


The sections of “Special Consents and Acknowledgements”, “Intellectual Property Rights”, “Submission of Content”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Exclusive Remedy and Limitation of Liability”, “Indemnity”, “Cancellation and Termination”, “CCPA Required Terms”, “Disputes” and “Miscellaneous” and any other provisions of this Agreement that are intended to survive termination or expiry of this Agreement will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.


This Agreement is the entire agreement between us related to the subject matter in this Agreement.  This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.


Contacting Trainerize

You may contact Trainerize:


SERVICE TERMS APPLICABLE TO CONSUMERS (“END USERS”) IN THE UNITED KINGDOM AND THE EUROPEAN UNION ONLY


  1. WHO WE ARE?

    1. We are a limited company registered in British Columbia under registered company number BC1264977, and with our registered office at 2900 - 550 Burrard Street Vancouver, BC V6C 0A3e.  

    2. These Terms of Service (this “Agreement”) set forth the terms and conditions that apply to the access and use of the website located at https://www.trainerize.com and the Trainerize mobile software application (collectively, the “Site”), each owned and operated by TSR Gym Technik Ltd. and its affiliates (“Trainerize”, “we”, “our” or “us”), and the services available thereon, including without limitation the services described in the ‘Service Description’ Clause below (the “Service”). 

    3. You may contact Trainerize, including to raise any dispute or complaint by email at help@trainerize.com.

    4. You may also reach us by telephone at 1-844-625-1155, but you may be charged additional fees by your network operator. We are not liable to you for any such charges.

  2. WHO THESE TERMS APPLY TO

    1. This Agreement applies to consumers in the United Kingdom and the European Union. If you are based elsewhere, then these terms and conditions do not apply to you - please navigate to the correct page for your jurisdiction.

    2. You are a consumer if you are an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession who has registered to use the Service for the purpose of accessing, obtaining or otherwise acquiring fitness training, meal planning or other related services from a trainer, gym, coach or other fitness or nutrition professional. Consumers are referred to as “End Users” in this Agreement.

    3. If you have registered to use the Service as a trainer, gym, coach or other fitness or nutrition professional, including without limitation, for the purpose of offering, providing or otherwise furnishing fitness training, meal planning or other related services to one or more End Users, you are a “Business User” and this Agreement does not apply to you. The Terms of Service applicable to Business Users are available here: https://www.trainerize.com/businessTerms.

  3. UNDERSTANDING THESE TERMS

    1. This Agreement sets out your rights and obligations when accessing or using the Site and/or the Services.

    2. By accepting this Agreement, or by clicking on the “I Accept” button in relation to these terms, you agree to be bound by the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must not access or use the Site or the Service.

    3. In order to access or use the Site or the Service, you must be aged 18 or over.

    4. This Agreement is made in the English language only.

  4. CHANGES TO THESE TERMS

    1. We may make changes to this Agreement from time to time (this may be, for example, to reflect changes in law or commercial practice, or to deal with additional features that we introduce). If you have registered an Account (as defined in Clause 6.1) with us, we will provide you with at least 30 days' advance notice of any such changes (unless the change is due to a change in law or for security reasons, in which case we may need to effect the change on shorter notice).

    2. If you disagree with any amendments, you may terminate this Agreement in accordance with your termination rights set out in the ‘Cancellation and Termination’ Clause of this Agreement. There is no cost or penalty for terminating in this context. 

    3. From time to time, updates to the mobile app may be issued through the relevant app store. Depending on the update, you may not be able to use the app until you have downloaded the latest version of the app and accepted any new terms.

  5. SERVICE DESCRIPTION

    1. The Service is the provision of access to and use of a platform that facilitates communications, interactions and transactions between Business Users and End Users for the purpose of enabling Business Users to monitor, coach, train and communicate with End Users, and enabling End Users to access workout and meal plans, track their progress, access their appointments and classes, buy products, and more. 

    2. Trainerize does not provide or perform training or coaching. Trainerize is not responsible for any interactions or transactions that you enter into with Business Users that are facilitated through or in connection with the Service, nor does Trainerize have any control over the quality, timing, provision or failure to provide, or any aspect whatsoever relating to the provision of coaching, training, workouts, meal plans, progress tracking, appointments, classes, product purchases and other services provided by Business Users to End Users. The terms and conditions of, and your rights and obligations in respect of, your relationship with any Business User you choose to interact with, will be as agreed between you and such Business User. You may be required to enter into a separate contractual agreement with a Business User. You will be liable to the Business User for any charges associated with your interaction with them.

    3. Smart Meal Planner:

      Included as part of the Service is a tool that can be used to generate meal plans and healthy eating recommendations (the “Smart Meal Planner”). If you have elected to utilize the Smart Meal Planner, you acknowledge and agree that:

      1. the Smart Meal Planner is not a diagnostic tool or medical device;

      2. the Smart Meal Planner should not be used for the diagnosis, prevention, monitoring, treatment, alleviation, cure or mitigation of any disease, health or medical condition, injury, disability or physiological or pathological process or state;

      3. any recommendations provided through the Smart Meal Planner are not intended to be a substitute for professional medical advice, diagnosis or treatment and you should:

        • review and consider the appropriateness of such recommendations before implementing them; and

        • discuss questions about any medical condition or health concern with your physician or other suitable medical professional; and

      4. you are solely responsible and liable for the information you input into the Smart Meal Planner, and you understand that the accuracy, suitability and safety of the meal plans and recommendations generated by the Smart Meal Planner Service may be negatively impacted if the information you input is inaccurate or misleading.

      5. Trainerize makes no guarantees regarding the accuracy of caloric and other food nutritional information provided through the Smart Meal Planner or otherwise provided through the Site, the platform or the Service. All such information is sourced from third-party food vendors and restaurants. Trainerize cannot control the quality, quantity or consistency of foods served and sold by such third parties.

    4. When using the Service, you acknowledge and agree as follows:

      1. if you have an emergency, have an urgent health concern or need to obtain medical advice, you should refrain from using the Service and should immediately contact your physician or go to the nearest hospital;

      2. the information contained within the Service and the content on the Site is intended to be general in nature. Nothing contained within the Service or the content constitutes medical advice, and you should not rely on anything contained within the Service or the content as a substitute for appropriate and timely contact with your physician;

      3. Trainerize does not make any representations or warranties with respect to: 

        1. content forming part of or provided through the Service, including without limitation work-out plans, exercise videos, and other similar content, whether or not provided by or on behalf of Trainerize; or 

        2. any Business Users you interact with through or in connection with the Service, including without limitation their quality, expertise, education or level of certification; 

      4. interactions with Business Users through the Service or otherwise are at your sole discretion and risk;

      5. you should never change or stop any course of medical treatment without first consulting your physician; and

      6. participating in an exercise program or diet can cause injury, and you elect to do so entirely at your own risk.

    5. For the avoidance of doubt, nothing in this Agreement seeks to limit or exclude any of your rights under appliable consumer protection laws. 

    6. You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Site and Service.

    7. The Service may use information and data transmission networks operated by third parties to send data, information and content from a computer or device to Trainerize’s servers, and to serve data, information and content back to such computer or device. Depending on your wired or wireless data or similar plan with such third-party operators, you may incur charges from such third-party operators for use of its information and data transmission networks. You are solely responsible for any and all costs, including without limitation wireless and cellular data costs, you may incur as a result of the usage of the Service and/or as a result of data, information and content submitted or received by your computer or device through the Service.

    8. The Site, the Service, and any content on either, are provided for general information purposes only. They are not intended to amount to advice on which you should rely.

    9. The Service will be provided in accordance with (and nothing in this Agreement seeks to affect, restrict or exclude) your statutory rights. In particular, in the UK, Trainerize agrees to carry out the Service with reasonable care and skill and adhere to all legally required obligations in relation to the Service within a reasonable time. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

    10. Access to the Site and/or the Service may not be uninterrupted, timely, secure or error-free. If Trainerize needs to suspend or withdraw or restrict the availability of all or any part of our Site or the Service for any reason (including but not limited to business, operational, maintenance and/or security reasons), we will try to give you reasonable notice.

    11. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

  6. YOUR ACCOUNT

    1. Before you can interact with any Business Users via the Site, you must sign up for a Trainerize account (“Account”). 

    2. In order to set up an Account, you will either receive an email which includes instructions on how to set-up your Account, or you can sign up directly using an online link where one is available to you. Your application to register an Account is an offer by you to have an account with us. After you place your order, you will receive an e-mail from us acknowledging your order and confirming whether we have accepted your offer. If we accept your offer, a legally binding contract will be formed on the terms of this Agreement between you and us in respect of your Account.

    3. You agree and understand that you are responsible for maintaining the confidentiality of your email address and password. That email address and password, together with any or other user information you provide, including but not limited to your social media profiles and location, will form your “Profile Information” and allow you to access your Account. 

    4. You must provide true, accurate, current and complete information about yourself, and keep it up-to-date, and you agree not to misrepresent your Profile Information. 

    5. We do not provide backups of your Profile Information, and (save where we have acted negligently or in breach of this Agreement) you are responsible for any Profile Information that may be lost or unrecoverable through the use of the Site or Service.

    6. You agree not to disclose your email address or password to any third-party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Trainerize immediately at help@trainerize.com

    7. You agree:

      1. not to use the Site, the Service, or your Account in any way that breaches this Agreement or any applicable local, national or international law or regulation;

      2. not to infringe our intellectual property rights or those of any third-party in relation to your use of the Account; 

      3. not to use your Account for unauthorised mass-communication such as spam or junk mail;

      4. not to misuse the Site and/or Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

      5. not to attempt to gain unauthorised access to the Site and/or Service, the server on which the Site and/or Service is/are stored, or any server, computer or database connected to the Site and/or Service;

      6. not to attack the Site and/or Service via a denial-of-service attack or a distributed denial-of service attack;

      7. not to modify, decompile or reverse engineer any software supplied as part of, or in connection with, the Site and/or Service;

      8. not to use the Site and/or Service by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from Trainerize for use within a third-party website or application;

      9. not to collect or harvest any information or data from the Trainerize systems or attempt to decipher any transmission to or from the servers running the Site and/or Service;

      10. not to test or develop any third-party integrations with the Site and/or Service without Trainerize’s express written permission;

      11. not to ‘frame’ or ‘mirror’ any part of the Site and/or Service without Trainerize’s prior written consent;

      12. not to execute any form of network monitoring or run a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between or with the servers of the Site and/or Service;

      13. not to copy, or otherwise reproduce or re-sell any part of the Site and/or Service unless expressly permitted to do so in this Agreement;

      14. not to access, query or search the Site and/or Service with any automated system, other than through Trainerize’s published interfaces; 

      15. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Site and/or Service;

      16. not to make alterations to, or modifications of, the whole or any part of the Site and/or Service, or permit the Site and/or Service or any part of them to be combined with, or become incorporated in, any other programs; 

      17. not to circumvent any technical measures Trainerize uses to provide and/or secure the Site and/or Service; 

      18. not to attempt to gain unauthorized access to the computer systems of Trainerize or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Service; 

      19. not to decompile or reverse engineer or attempt to access the source code of the software underlying the Site, the Service or any other Trainerize technology;

      20. not to copy, archive, store, reproduce, rearrange, modify, download, upload, create derivative works from, display, perform, publish, distribute, redistribute, or disseminate all or any part of the Site or Service;

      21. not to access the Site or Service for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Service; 

      22. not to access the Site or Service for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;

      23. not to access the Site to upload any Content or computer code for the purposes of:

        • causing a breach or override of security to the Site or Service;

        • interfering with the proper working, functionality or performance of the Site or Service; or

        • preventing others from accessing or using the Site or Service; and

      24. not to create multiple accounts to evade punishment or avoid restrictions.

    8. We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the terms of this Agreement.

    9. Trainerize does not guarantee that the Site and/or Service will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site and/or Service and Trainerize recommends that you use your own virus protection software.

    10. By breaching Clause 6.7, you may also commit criminal offences. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to access or use the Site and/or Service will cease immediately.

  7. SUBMISSION OF CONTENT

    1. The Site and the Service available thereon may enable you to provide or upload content, including but not limited to messages, materials, data, text, music, sound, photos, videos, graphics, applications, code and other information or content (collectively, “Content”), to Trainerize and/or Business Users for the purpose of accessing or using the Service or as otherwise permitted under this Agreement. If it is the case that you supply, upload or submit any Content, you are solely responsible for that Content and any consequences of your sharing it. 

    2. You agree that you will not publish or make available any Content that:

      1. infringes, violates or misappropriates any third-party intellectual property or proprietary rights;

      2. contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

      3. is misleading, deceptive, fraudulent or otherwise illegal;

      4. is libellous or defamatory;

      5. is in any way threatening, harmful, frightening, abusive, bullying, harassing or malicious to any person or entity;

      6. promotes or condones terrorism, violence or illegal behaviour of any kind (including but not limited to engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes);

      7. is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Trainerize; 

      8. is invasive of another’s privacy;

      9. impersonates a Trainerize employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity;

      10. interferes or attempts to interfere with the proper working of the Site or Service or prevents or negatively affects others’ ability to use the Site or Service (for example because it disrupts the normal flow of dialogue with an excessive number of messages in a flooding attack);

      11. uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Service or the content contained therein;

      12. facilitates the unlawful distribution of copyrighted Content;

      13. includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site or Service to users;

      14. constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests; 

      15. collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;

      16. requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Service for the purposes of automating logins to the Site; or

      17. contains obscene, offensive, adult or pornographic material.

    3. You guarantee that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Trainerize or Trainerize’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. 

    4. You agree that Trainerize is not responsible for any violations of any third-party intellectual property rights, privacy rights, publicity rights, trademark rights, contract rights or any other rights of any person or entity in any Content that you submit to Trainerize. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Content uploaded, displayed or otherwise provided by you to the Site. 

    5. Trainerize will use Content you upload solely in connection with providing the Service to you, and for no other reason. You agree that by uploading, or otherwise providing any Content on or through the Site and/or the Service, you grant to Trainerize a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such Content, solely in connection with providing the Service to you. This license includes the right to host, index, cache or otherwise format your Content in order to provide the Service. 

    6. You acknowledge and agree that your Content may be disclosed to others in accordance with the selected privacy settings, utilized features and general functionality of the Service, and as such may be accessible to others including without limitation to: 

      1. other End Users of the Service; 

      2. Business Users and their agents; 

      3. third-party service providers and their agents; 

      4. any other person to whom any of the foregoing persons have granted access to your Content; and 

      5. our affiliates in accordance with our Privacy Policy. 

    7. Trainerize shall take commercially reasonable steps to ensure that Content identified as private within the functionality of the Service is not shared (unless you select otherwise), but you acknowledge and agree that Trainerize cannot and does not guarantee any confidentiality with respect to your Content whatsoever.

    8. All End Users must consent to monitoring of Content. Whilst Trainerize has no obligation to monitor, moderate or vet Content, we reserve the right to do so. Trainerize may at any time remove or require you to remove Content and may disclose any information necessary or appropriate to satisfy our legal obligations, protect Trainerize or its customers or affiliates, operate the Site or Service properly, or improve the Site or Service.

    9. If you would like to flag any Content that you believe to be unacceptable, please contact us at help@trainerize.com. To assist us in investigating, please provide us with your full name and address, along with details of: 

      1. the date and time the relevant Content was posted; 

      2. where it can be found on the Site; 

      3. the username of the person who posted it; 

      4. reasons why the Content should be deleted, along with evidence for this; and 

      5. copies of any communication with the person who posted it (if any).

  8. BUSINESS USER PAYMENTS AND PAYMENT PROCESSORS

    1. Certain Business Users have elected to utilize the Service to process payments related to goods or services offered by them to End Users through the Service (the “Integrated Payments Service”). Processing of payments for goods or services that you receive from a Business User (“Business User Payments”) through the Integrated Payments Service is provided by Stripe Payments Canada Ltd. and their respective affiliates (each a “Payment Processor” and collectively, the “Payment Processors”). 

    2. You acknowledge and agree that each Payment Processor’s terms will govern your relationship and interactions with that Payment Processor and that our terms and policies do not govern the processing of your payment by any of the Payment Processors, and that we have no liability arising from your use of or access to any Payment Processor’s services. We are not responsible for any errors by any Payment Processor. You should review the applicable terms and policies of each Payment Processor, including their privacy and data gathering practices, available at the following websites (if you are not resident in the UK, please refer to terms and policies for your jurisdiction using the link below):

      Stripe Payments Canada Ltd.: https://stripe.com/gb/privacy

    3. If you make a Business User Payment, Trainerize will, through its Payment Processors, facilitate the transfer of the Business User Payment to the applicable Business User, and such method of payment shall be considered the same as payment made directly by you to the Business User. 

    4. You may only use the Service for legitimate transactions with Business Users. 

    5. You are responsible for your relationship with a Business User. Trainerize is not responsible for or liable to you for the goods or services that you purchase from Business Users or for authorized and completed Business User Payments that are later the subject of a dispute, refund, or reversal, or are submitted without authorization or in error, or violate any applicable laws.

  9. THIRD-PARTY WEBSITES

    1. The Site may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. These other websites are not under Trainerize’s control, and you acknowledge that Trainerize is not responsible or liable for any third-party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third-party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Trainerize or any association with its operators. You further acknowledge and agree that Trainerize will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through any such website or resource. Access and use of third-party sites, including the information, material, products and services on third-party sites or available through third-party sites, is solely at your own risk.

    2. Without limiting the foregoing, the Service utilizes certain YouTube API services, and by using the Service you are also agreeing to be bound by the YouTube Terms of Service (found at https://www.youtube.com/t/terms), as may be amended from time to time.

  10. INTELLECTUAL PROPERTY RIGHTS

    1. All material available on the Site and all material and services provided by or through Trainerize, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and ‘look and feel’, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by Trainerize or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws. 

    2. Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, Trainerize grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you. You are not permitted to download, copy or otherwise store any Materials.

    3. If Trainerize, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service or any of its users, data, or Materials, or to your or a third-party system, then Trainerize may immediately suspend access to or use of the Service by you or any or all Business Users or End Users. The suspension of use and access is not a breach of this Agreement, but we will take steps to notify you of the reasons for the suspension and an estimated duration. You acknowledge that the preservation of security, confidentiality and data is paramount. Trainerize has no liability to you for suspending the Service under this provision. This does not affect your rights of termination as set out in the ‘Cancellation and Termination’ Clause below.

    4. This Clause 10 does not apply to Content; however, you agree that any ideas, suggestions, concepts, processes or techniques which you provide to Trainerize related to the Service, the Site or Trainerize or its business (“Feedback”) are and will be Trainerize’s exclusive property without any compensation or other consideration payable to you by Trainerize, and you do so of your own free will and volition. Trainerize may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Trainerize may decide into the Site, the Service, its software, documentation, business or other products or services, or any future versions or derivatives of the foregoing. You hereby provide to Trainerize a perpetual, royalty-free, transferable, worldwide license to use for any reason all rights in any Feedback and, as applicable, procure the waiver of any moral rights and consent to acts which might otherwise infringe your moral rights. 

    5. Trainerize responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging. Please be aware that celebrities, and others, may have a ‘right of publicity’, which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. If you use a celebrity name or likeness on the Service and you do not have appropriate permission, you risk infringing the celebrity’s rights, and depending on the circumstances, this may be true for non-celebrities as well.

    6. If you believe that your rights have been infringed, please contact us immediately at copyright@trainerize.com

  11. PRIVACY AND PERSONAL INFORMATION

    1. We only use your personal information in accordance with our privacy policy (available here). 

  12. ACCESS TO THE SERVICE VIA THE APP

    1. If you access the Service via our mobile application (rather than our website), the following terms and conditions shall apply to you.

    2. For the purpose of this Clause, "Appstore Provider" means the provider of the app store through which you have downloaded the Trainerize app (for example, Apple is the Appstore Provider if you have downloaded the app from the Apple App Store, Google is the Appstore Provider if you have downloaded the app from Google Play, etc).

    3. You acknowledge and agree that:

      1. this Agreement has been concluded between you and Trainerize, and not with the Appstore Provider; 

      2. the Appstore Provider is not responsible for the app and its content;

      3. the Appstore Provider has no obligation to provide any maintenance or support in respect of the app;

      4. the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the app, including (without limitation): product liability claims; any claim that the app fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. 

    4. In the event that the app does not conform with any product warranty provided for by this Agreement, the Appstore Provider may provide you with a refund of the price that you paid to purchase the app (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the app.

    5. In the event that a third-party claims that the app infringes its intellectual property rights (other than any third-party claims of infringement relating to Content), Trainerize (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.

    6. You confirm that: 

      1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and 

      2. you are not listed on any U.S. Government list of prohibited or restricted parties.

    7. If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries to this Agreement. Upon your acceptance of this Agreement, Apple will have the right to enforce the Agreement against you as a third-party beneficiary.

  13. CANCELLATION AND TERMINATION

    1. You may cancel your Account with Trainerize at any time by contacting us at help@trainerize.com. Email requests from email accounts other than your Trainerize email account or phone requests to cancel your Account may not be accepted. Cancelling your Account with Trainerize does not terminate the contract that you have entered into separately with a Business User (for example, your trainer, gym, coach or other fitness or nutrition professional that provided you with a link to access the Service). If you wish to cancel or terminate the contract that you have entered into with a Business User (to which Trainerize is not a party) you must do so in accordance with the terms of that contract. Trainerize cannot assist you in the termination of any such contract.

    2. Trainerize reserves the right at any time, and without cost, charge or liability, to terminate this Agreement for any serious reason, including, but not limited to:

      1. if you fail to comply with the terms of this Agreement;

      2. if your use of the Site or Service is in violation of this Agreement or applicable laws;

      3. if your use of the Site or Service disturbs the normal operation of the Site or Service for other users; or

      4. if your use of the Site or Service attempts to circumvent our security measures. 

    3. If you breach any term of this Agreement, we may immediately do any or all of the following (without limitation):

      1. issue a warning to you;

      2. temporarily or permanently remove any Content uploaded by you to the Site; 

      3. temporarily or permanently withdraw your right to use the Site and/or Service;

      4. suspend or terminate your Account;

      5. issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);

      6. take further legal action against you; and/or

      7. disclose such information to law enforcement authorities as we reasonably feel is necessary.

    4. On termination of this Agreement for any reason:

      1. your Account will be deleted;

      2. you will not have access to any information provided by you or generated by you or stored on your Account (including but not limited to your Profile Information and Content);

      3. the limited license granted to you in Clause 10.2 above shall immediately cease;

      4. you may be prohibited and blocked from creating further Accounts; and

      5. any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

  14. OUR LIABILITY

    1. Nothing in this Agreement excludes or limits our liability for:

      1. death or personal injury caused by our negligence;

      2. fraud or fraudulent misrepresentation; and

      3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

    2. Save as set out in Clause 14.1, the following sub-clauses apply: 

      1. if we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site;

      2. nothing in this Agreement affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office;

      3. we only supply the Site and Service for domestic and private use. You agree not to use the Site or Service, or any content therein, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;

      4. we are not liable for any loss or damage suffered by you as a result of your negligence whilst using the Site or Service; and

      5. subject to the foregoing, our total and aggregate liability to you in respect of any loss or damage suffered and arising out of or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise shall not exceed the amount of £100. 

  15. NOTICES

    1. Any notice given to a party under or in connection with this Agreement shall be in writing and shall be:

      1. delivered by hand or by pre-paid first-class post or other next working day delivery service; or

      2. sent by email,

      in the case of Trainerize, to the address specified in Clause 1.1 and in the case of the End User, to the address specified in its Account, each as may be updated by written notice from time to time.

    2. Any notice shall be deemed to have been received:

      1. if delivered by hand, at the time the notice is left at the proper address;

      2. if sent by pre-paid first-class post or other next working day delivery service, at 9:00 am on the second business day after posting. “Business day” in this context means a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business; or

      3. if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. “Business hours” in this context means 9:00am to 5:00pm Monday to Friday on a day that is not a public holiday in England.

    3. A notice given under this Agreement in relation to the termination of, or legal proceedings arising out of or in relation to, this Agreement, is not valid if sent only by email.

  16. OTHER IMPORTANT INFORMATION

    1. Each of the clauses of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

    2. You may only transfer your rights or your obligations under this Agreement if Trainerize agrees in writing. Trainerize may transfer its rights and obligations under this Agreement at any time without restriction provided that such assignment will not affect your rights or obligations under this Agreement, we will notify you in advance, and you will have the right to cancel your Agreement and Account.

    3. If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    4. This Agreement is between you and Trainerize. Except as provided in Clause 12.7, this Agreement does not give rise to any rights to third parties to enforce any of its terms.

  17. DISPUTES, GOVERNING LAW AND JURISDICTION

    1. You hereby agree that any dispute (either contractual or non-contractual) arising out of, or in connection with, this Agreement will be governed by and construed in accordance with the laws of England and Wales.

    2. As a consumer resident in the United Kingdom or the European Union:

      1. you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law; 

      2. you may bring any dispute (either contractual or non-contractual) that may arise under or in connection with this Agreement, at your discretion, to the competent courts of England and Wales or to the competent court of your country of habitual residence, which courts are competent to settle such a dispute. We shall bring any dispute (either contractual or non-contractual) which may arise under this Agreement to the competent court of your country of habitual residence if this is in within the United Kingdom or an EU Member State; and

      3. If you are a consumer based in the European Union who wishes to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We note that this does not apply to consumers based in the United Kingdom. We further note that Trainerize may not be obliged to participate in online dispute resolution.

SERVICE TERMS APPLICABLE TO CONSUMERS (“END USERS”) IN AUSTRALIA AND NEW ZEALAND ONLY


  1. WHO WE ARE?

    1. We are a limited company registered in British Columbia under registered company number BC1264977, and with our registered office at 2900 - 550 Burrard Street Vancouver, BC V6C 0A3e.  

    2. These Terms of Service (this “Agreement”) set forth the terms and conditions that apply to the access and use of the website located at https://www.trainerize.com and the Trainerize mobile software application (collectively, the “Site”), each owned and operated by TSR Gym Technik Ltd. and its affiliates (“Trainerize”, “we”, “our” or “us”), and the services available thereon, including without limitation the services described in the ‘Service Description’ Clause below (the “Service”). 

    3. You may contact Trainerize, including to raise any dispute or complaint by email at help@trainerize.com.

    4. You may also reach us by telephone at 1-844-625-1155, but you may be charged additional fees by your network operator. We are not liable to you for any such charges.

  2. WHO THESE TERMS APPLY TO

    1. This Agreement applies to consumers in Australia and New Zealand. If you are based elsewhere, then these terms and conditions do not apply to you - please navigate back to the correct page for your jurisdiction.

    2. You are a consumer if you are an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession who has registered to use the Service for the purpose of accessing, obtaining or otherwise acquiring fitness training, meal planning or other related services from a trainer, gym, coach or other fitness or nutrition professional. Consumers are referred to as “End Users” in this Agreement.

    3. If you have registered to use the Service as a trainer, gym, coach or other fitness or nutrition professional, including without limitation, for the purpose of offering, providing or otherwise furnishing fitness training, meal planning or other related services to one or more End Users, you are a “Business User” and this Agreement does not apply to you. The Terms of Service applicable to Business Users are available here: https://www.trainerize.com/businessTerms.

  3. UNDERSTANDING THESE TERMS

    1. This Agreement sets out your rights and obligations when accessing or using the Site and/or the Services.

    2. By accepting this Agreement, or by clicking on the “I Accept” button in relation to these terms, you agree to be bound by the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must not access or use the Site or the Service.

    3. In order to access or use the Site or the Service, you must be aged 18 or over.

    4. This Agreement is made in the English language only.

  4. CHANGES TO THESE TERMS

    1. We may make changes to this Agreement from time to time (this may be, for example, to reflect changes in law or commercial practice, or to deal with additional features that we introduce). If you have registered an Account with us, we will provide you with at least 30 days' advance notice of any such changes (unless the change is due to a change in law or for security reasons, in which case we may need to effect the change on shorter notice).

    2. If you disagree with any amendments, you may terminate this Agreement in accordance with your termination rights set out in the ‘Cancellation and Termination’ Clause of this Agreement. There is no cost or penalty for terminating in this context. 

    3. From time to time, updates to the mobile app may be issued through the relevant app store. Depending on the update, you may not be able to use the app until you have downloaded the latest version of the app and accepted any new terms.

  5. SERVICE DESCRIPTION

    1. The Service is the provision of access to and use of a platform that facilitates communications, interactions and transactions between Business Users and End Users for the purpose of enabling Business Users to monitor, coach, train and communicate with End Users, and enabling End Users to access workout and meal plans, track their progress, access their appointments and classes, buy products, and more. 

    2. Trainerize does not provide or perform training or coaching. Trainerize is not responsible for any interactions or transactions that you enter into with Business Users that are facilitated through or in connection with the Service, nor does Trainerize have any control over the quality, timing, provision or failure to provide, or any aspect whatsoever relating to the provision of coaching, training, workouts, meal plans, progress tracking, appointments, classes, product purchases and other services provided by Business Users to End Users. The terms and conditions of, and your rights and obligations in respect of, your relationship with any Business User you choose to interact with, will be as agreed between you and such Business User. You may be required to enter into a separate contractual agreement with a Business User. You will be liable to the Business User for any charges associated with your interaction with them. 

    3. Smart Meal Planner: 

      Included as part of the Service is a tool that can be used to generate meal plans and healthy eating recommendations (the “Smart Meal Planner”). If you have elected to utilize the Smart Meal Planner, you acknowledge and agree that:

      1. the Smart Meal Planner is not a diagnostic tool or medical device;

      2. the Smart Meal Planner should not be used for the diagnosis, prevention, monitoring, treatment, alleviation, cure or mitigation of any disease, health or medical condition, injury, disability or physiological or pathological process or state;

      3. any recommendations provided through the Smart Meal Planner are not intended to be a substitute for professional medical advice, diagnosis or treatment and you should: 

        • review and consider the appropriateness of such recommendations before implementing them; and 

        • discuss questions about any medical condition or health concern with your physician or other suitable medical professional; and

      4. you are solely responsible and liable for the information you input into the Smart Meal Planner, and you understand that the accuracy, suitability and safety of the meal plans and recommendations generated by the Smart Meal Planner Service may be negatively impacted if the information you input is inaccurate or misleading.

      5. To the extent permitted by law, Trainerize makes no guarantees regarding the accuracy of caloric and other food nutritional information provided through the Smart Meal Planner or otherwise provided through the Site, the platform or the Service. All such information is sourced from third party food vendors and restaurants. Trainerize cannot control the quality, quantity or consistency of foods served and sold by such third parties.

    4. When using the Service, you acknowledge and agree as follows:

      1. if you have an emergency, have an urgent health concern or need to obtain medical advice, you should refrain from using the Service and should immediately contact your physician or go to the nearest hospital;

      2. the information contained within the Service and the content on the Site (as defined below) is intended to be general in nature. Nothing contained within the Service or the Content constitutes medical advice, and you should not rely on anything contained within the Service or the Content as a substitute for appropriate and timely contact with your physician;

      3. To the extent permitted by law, Trainerize does not make any representations or warranties with respect to: 

        • content forming part of or provided through the Service, including without limitation work-out plans, exercise videos, and other similar content, whether or not provided by or on behalf of Trainerize; or 

        • any Business Users you interact with through or in connection with the Service, including without limitation their quality, expertise, education or level of certification; 

      4. interactions with Business Users through the Service or otherwise are at your sole discretion and risk;

      5. you should never change or stop any course of medical treatment without first consulting your physician; and

      6. participating in an exercise program or diet can cause injury, and you elect to do so entirely at your own risk.

    5. For the avoidance of doubt, nothing in this Agreement seeks to limit or exclude any of your rights under appliable consumer protection laws. 

    6. You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Site and Service.

    7. The Service may use information and data transmission networks operated by third parties to send data, information and content from a computer or device to Trainerize’s servers, and to serve data, information and content back to such computer or device. Depending on your wired or wireless data or similar plan with such third-party operators, you may incur charges from such third-party operators for use of its information and data transmission networks. You are solely responsible for any and all costs, including without limitation wireless and cellular data costs, you may incur as a result of the usage of the Service and/or as a result of data, information and content submitted or received by your computer or device through the Service.

    8. The Site, the Service, and any content on either, are provided for general information purposes only. They are not intended to amount to advice on which you should rely.

    9. The Service will be provided in accordance with (and nothing in this Agreement seeks to affect, restrict or exclude) your statutory rights including under the Australian Consumer law. 

    10. Access to the Site and/or the Service may not be uninterrupted, timely, secure or error-free. If Trainerize needs to suspend or withdraw or restrict the availability of all or any part of our Site or the Service for any reason (including but not limited to business, operational, maintenance and/or security reasons), we will try to give you reasonable notice.

    11. To the extent permitted by law, defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 

  6. YOUR ACCOUNT

    1. Before you can interact with any Business Users via the Site, you must sign up for a Trainerize account (“Account”). 

    2. In order to set up an Account, you will either receive an email which includes instructions on how to set-up your Account, or you can sign up directly using an online link where one is available to you. Your application to register an Account is an offer by you to have an account with us. After you place your order, you will receive an e-mail from us acknowledging your order and confirming whether we have accepted your offer. If we accept your offer, a legally binding contract will be formed on the terms of this Agreement between you and us in respect of your Account.

    3. You agree and understand that you are responsible for maintaining the confidentiality of your email address and password. That email address and password, together with any or other user information you provide, including but not limited to your social media profiles and location, will form your “Profile Information” and allow you to access your Account. 

    4. You must provide true, accurate, current and complete information about yourself, and keep it up-to-date, and you agree not to misrepresent your Profile Information. 

    5. We do not provide backups of your Profile Information, and (save where we have acted negligently or in breach of this Agreement) you are responsible for any Profile Information that may be lost or unrecoverable through the use of the Site or Service.

    6. You agree not to disclose your email address or password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Trainerize immediately at help@trainerize.com

    7. You agree:

      1. not to use the Site, the Service, or your Account in any way that breaches this Agreement or any applicable local, national or international law or regulation;

      2. not to infringe our intellectual property rights or those of any third party in relation to your use of the Account; 

      3. not to use your Account for unauthorised mass-communication such as spam or junk mail;

      4. not to misuse the Site and/or Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

      5. not to attempt to gain unauthorised access to the Site and/or Service, the server on which the Site and/or Service is/are stored, or any server, computer or database connected to the Site and/or Service;

      6. not to attack the Site and/or Service via a denial-of-service attack or a distributed denial-of service attack;

      7. not to modify, decompile or reverse engineer any software supplied as part of, or in connection with, the Site and/or Service;

      8. not to use the Site and/or Service by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from Trainerize for use within a third-party website or application;

      9. not to collect or harvest any information or data from the Trainerize systems or attempt to decipher any transmission to or from the servers running the Site and/or Service;

      10. not to test or develop any third-party integrations with the Site and/or Service without Trainerize’s express written permission;

      11. not to ‘frame’ or ‘mirror’ any part of the Site and/or Service without Trainerize’s prior written consent;

      12. not to execute any form of network monitoring or run a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between or with the servers of the Site and/or Service;

      13. not to copy, or otherwise reproduce or re-sell any part of the Site and/or Service unless expressly permitted to do so in this Agreement;

      14. not to access, query or search the Site and/or Service with any automated system, other than through Trainerize’s published interfaces; 

      15. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Site and/or Service;

      16. not to make alterations to, or modifications of, the whole or any part of the Site and/or Service, or permit the Site and/or Service or any part of them to be combined with, or become incorporated in, any other programs; 

      17. not to circumvent any technical measures Trainerize uses to provide and/or secure the Site and/or Service; 

      18. not to attempt to gain unauthorized access to the computer systems of Trainerize or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Service; 

      19. not to decompile or reverse engineer or attempt to access the source code of the software underlying the Site, the Service or any other Trainerize technology;

      20. not to copy, archive, store, reproduce, rearrange, modify, download, upload, create derivative works from, display, perform, publish, distribute, redistribute, or disseminate all or any part of the Site or Service;

      21. not to access the Site or Service for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Service; 

      22. not to access the Site or Service for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; 

      23. not to access the Site to upload any Content or computer code for the purposes of: 

        • causing a breach or override of security to the Site or Service; 

        • interfering with the proper working, functionality or performance of the Site or Service; or 

        • preventing others from accessing or using the Site or Service; and

      24. not to create multiple accounts to evade punishment or avoid restrictions.

    8. We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the terms of this Agreement.

    9. To the extent permitted by law, Trainerize does not guarantee that the Site and/or Service will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site and/or Service and Trainerize recommends that you use your own virus protection software.

    10. By breaching Clause 6.7, you may also commit criminal offences. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to access or use the Site and/or Service will cease immediately.

  7. SUBMISSION OF CONTENT

    1. The Site and the Service available thereon may enable you to provide or upload content, including but not limited to messages, materials, data, text, music, sound, photos, videos, graphics, applications, code and other information or content (collectively, “Content”), to Trainerize and/or Business Users for the purpose of accessing or using the Service or as otherwise permitted under this Agreement. If it is the case that you supply, upload or submit any Content, you are solely responsible for that Content and any consequences of your sharing it. 

    2. You agree that you will not publish or make available any Content that:

      1. infringes, violates or misappropriates any third-party intellectual property or proprietary rights;

      2. contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

      3. is misleading, deceptive, fraudulent or otherwise illegal;

      4. is libellous or defamatory;

      5. is in any way threatening, harmful, frightening, abusive, bullying, harassing or malicious to any person or entity;

      6. promotes or condones terrorism, violence or illegal behaviour of any kind (including but not limited to engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes);

      7. is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Trainerize; 

      8. is invasive of another’s privacy;

      9. impersonates a Trainerize employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity;

      10. interferes or attempts to interfere with the proper working of the Site or Service or prevents or negatively affects others’ ability to use the Site or Service (for example because it disrupts the normal flow of dialogue with an excessive number of messages in a flooding attack);

      11. uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Service or the content contained therein;

      12. facilitates the unlawful distribution of copyrighted Content;

      13. includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site or Service to users;

      14. constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests; 

      15. collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;

      16. requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Service for the purposes of automating logins to the Site; or

      17. contains obscene, offensive, adult or pornographic material.

    3. You guarantee that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Trainerize or Trainerize’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. 

    4. You agree that Trainerize is not responsible for any violations of any third-party intellectual property rights, privacy rights, publicity rights, trademark rights, contract rights or any other rights of any person or entity in any Content that you submit to Trainerize. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Content uploaded, displayed or otherwise provided by you to the Site. 

    5. Trainerize will use Content you upload solely in connection with providing the Service to you, and for no other reason. You agree that by uploading, or otherwise providing any Content on or through the Site and/or the Service, you grant to Trainerize a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such Content, solely in connection with providing the Service to you. This license includes the right to host, index, cache or otherwise format your Content in order to provide the Service. 

    6. You acknowledge and agree that your Content may be disclosed to others in accordance with the selected privacy settings, utilized features and general functionality of the Service, and as such may be accessible to others including without limitation to: 

      1. other End Users of the Service; 

      2. Business Users and their agents; 

      3. third party service providers and their agents; 

      4. any other person to whom any of the foregoing persons have granted access to your Content; and 

      5. our affiliates in accordance with our Privacy Policy. 

    7. Trainerize shall take commercially reasonable steps to ensure that Content identified as private within the functionality of the Service is not shared (unless you select otherwise), but you acknowledge and agree that Trainerize cannot and does not guarantee any confidentiality with respect to your Content whatsoever.

    8. All End Users must consent to monitoring of Content. Whilst Trainerize has no obligation to monitor, moderate or vet Content, we reserve the right to do so. Trainerize may at any time remove or require you to remove Content and may disclose any information necessary or appropriate to satisfy our legal obligations, protect Trainerize or its customers or affiliates, operate the Site or Service properly, or improve the Site or Service.

    9. If you would like to flag any Content that you believe to be unacceptable, please contact us at help@trainerize.com. To assist us in investigating, please provide us with your full name and address, along with details of: 

      1. the date and time the relevant Content was posted; 

      2. where it can be found on the Site; 

      3. the username of the person who posted it; 

      4. reasons why the Content should be deleted, along with evidence for this; and 

      5. copies of any communication with the person who posted it (if any).

  8. BUSINESS USER PAYMENTS AND PAYMENT PROCESSORS

    1. Certain Business Users have elected to utilize the Service to process payments related to goods or services offered by them to End Users through the Service (the “Integrated Payments Service”). Processing of payments for goods or services that you receive from a Business User (“Business User Payments”) through the Integrated Payments Service is provided by Stripe Payments Canada Ltd. and their respective affiliates (each a “Payment Processor” and collectively, the “Payment Processors”). 

    2. You acknowledge and agree that each Payment Processor’s terms will govern your relationship and interactions with that Payment Processor and that our terms and policies do not govern with regard to the processing of your payment by any of the Payment Processors, and that we have no liability arising from your use of or access to any Payment Processor’s services. We are not responsible for any errors by any Payment Processor. You should review the applicable terms and policies of each Payment Processor, including their privacy and data gathering practices, available at the following websites (if you are not resident in Australia or New Zealand, please refer to terms and policies for your jurisdiction using the link below):

      Stripe Payments Canada Ltd.: https://stripe.com/gb/privacy

    3. If you make a Business User Payment, Trainerize will, through its Payment Processors, facilitate the transfer of the Business User Payment to the applicable Business User, and such method of payment shall be considered the same as payment made directly by you to the Business User. 

    4. You may only use the Service for legitimate transactions with Business Users. 

    5. You are responsible for your relationship with a Business User. Trainerize is not responsible for or liable to you for the goods or services that you purchase from Business Users or for authorized and completed Business User Payments that are later the subject of a dispute, refund, or reversal, or are submitted without authorization or in error, or violate any applicable laws.

  9. THIRD PARTY WEBSITES

    1. The Site may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. These other websites are not under Trainerize’s control, and you acknowledge that Trainerize is not responsible or liable for any third-party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third-party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Trainerize or any association with its operators. You further acknowledge and agree that Trainerize will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through any such website or resource. Access and use of third-party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.

    2. Without limiting the foregoing, the Service utilizes certain YouTube API services, and by using the Service you are also agreeing to be bound by the YouTube Terms of Service (found at https://www.youtube.com/t/terms), as may be amended from time to time.

  10. INTELLECTUAL PROPERTY RIGHTS

    1. All material available on the Site and all material and services provided by or through Trainerize, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and ‘look and feel’, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by Trainerize or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws. 

    2. Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, Trainerize grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you. You are not permitted to download, copy or otherwise store any Materials.

    3. If Trainerize, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service or any of its users, data, or Materials, or to your or a third-party system, then Trainerize may immediately suspend access to or use of the Service by you or any or all Business Users or End Users. The suspension of use and access is not a breach of this Agreement, but we will take steps to notify you of the reasons for the suspension and an estimated duration. You acknowledge that the preservation of security, confidentiality and data is paramount. Trainerize has no liability to you for suspending the Service under this provision. This does not affect your rights of termination as set out in the ‘Cancellation and Termination’ Clause below.

    4. This Clause 10 does not apply to Content; however, you agree that any ideas, suggestions, concepts, processes or techniques which you provide to Trainerize related to the Service, the Site or Trainerize or its business (“Feedback”) are and will be Trainerize’s exclusive property without any compensation or other consideration payable to you by Trainerize, and you do so of your own free will and volition. Trainerize may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Trainerize may decide into the Site, the Service, its software, documentation, business or other products or services, or any future versions or derivatives of the foregoing. You hereby provide to Trainerize a perpetual, royalty-free, transferable, worldwide license to use for any reason all rights in any Feedback and, as applicable, procure the waiver of any moral rights and consent to acts which might otherwise infringe your moral rights. 

    5. Trainerize responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging. Please be aware that celebrities, and others, may have a ‘right of publicity’, which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. If you use a celebrity name or likeness on the Service and you do not have appropriate permission, you risk infringing the celebrity’s rights, and depending on the circumstances, this may be true for non-celebrities as well.

    6. If you believe that your rights have been infringed, please contact us immediately at copyright@trainerize.com

  11. PRIVACY AND PERSONAL INFORMATION

    1. We only use your personal information in accordance with our privacy policy (available here). 

  12. ACCESS TO THE SERVICE VIA THE APP

    1. If you access the Service via our mobile application (rather than our website), the following terms and conditions shall apply to you.

    2. For the purpose of this Clause, "Appstore Provider" means the provider of the app store through which you have downloaded the Trainerize app (for example, Apple is the Appstore Provider if you have downloaded the app from the Apple App Store, Google is the Appstore Provider if you have downloaded the app from Google Play, etc).

    3. You acknowledge and agree that this Agreement has been concluded between you and Trainerize, and not with the Appstore Provider. 

    4. You acknowledge and agree that the Appstore Provider is not responsible for the app and its content.

    5. You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the app. 

    6. In the event that the app does not conform with any product warranty provided for by this Agreement, the Appstore Provider may provide you with a refund of the price that you paid to purchase the app (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the app.

    7. You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the app, including (without limitation): product liability claims; any claim that the app fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. 

    8. In the event that a third-party claims that the app infringes its intellectual property rights (other than any third-party claims of infringement relating to Content), Trainerize (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.

    9. You confirm that: 

      1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and 

      2. you are not listed on any U.S. Government list of prohibited or restricted parties.

    10. If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries to this Agreement. Upon your acceptance of this Agreement, Apple will have the right to enforce the Agreement against you as a third-party beneficiary.

  13. CANCELLATION AND TERMINATION

    1. You may cancel your Account with Trainerize at any time by contacting us at help@trainerize.com. Email requests from email accounts other than your Trainerize email account or phone requests to cancel your Account may not be accepted. Cancelling your Account with Trainerize does not terminate the contract that you have entered into separately with a Business User (for example, your trainer, gym, coach or other fitness or nutrition professional that provided you with a link to access the Service). If you wish to cancel or terminate the contract that you have entered into with a Business User (to which Trainerize is not a party) you must do so in accordance with the terms of that contract. Trainerize cannot assist you in the termination of any such contract.

    2. Trainerize reserves the right at any time, and without cost, charge or liability, to terminate this Agreement for any serious reason, including, but not limited to:

      1. if you fail to comply with the terms of this Agreement;

      2. if your use of the Site or Service is in violation of this Agreement or applicable laws;

      3. if your use of the Site or Service disturbs the normal operation of the Site or Service for other users; or

      4. if your use of the Site or Service attempts to circumvent our security measures. 

    3. If you breach any term of this Agreement, we may immediately do any or all of the following (without limitation):

      1. issue a warning to you;

      2. temporarily or permanently remove any Content uploaded by you to the Site; 

      3. temporarily or permanently withdraw your right to use the Site and/or Service;

      4. suspend or terminate your Account;

      5. issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);

      6. take further legal action against you; and/or

      7. disclose such information to law enforcement authorities as we reasonably feel is necessary.

    4. On termination of this Agreement for any reason:

      1. your Account will be deleted;

      2. you will not have access to any information provided by you or generated by you or stored on your Account (including but not limited to your Profile Information and Content);

      3. the limited license granted to you in Clause 10.2 above shall immediately cease;

      4. you may be prohibited and blocked from creating further Accounts; and

      5. any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

  14. OUR LIABILITY

    1. Nothing in this Agreement excludes or limits our liability for:

      1. death or personal injury caused by our negligence;

      2. fraud or fraudulent misrepresentation; and

      3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

    2. Trainerize does not seek to exclude or restrict its liability where to do so would be illegal or ineffective. Nothing in this Agreement limits or excludes any liability which cannot legally be limited, including under the consumer guarantees under the Australian Consumer Law. If there is a major failure in the delivery of the Service to you in Australia, you will under the law be entitled at your election to:

      1. a resupply of the Service;

      2. a refund; and/or

      3. compensation.

    3. Save as set out in Clause 14.1 and 14.2, the following sub-clauses apply: 

      1. if we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site;

      2. nothing in this Agreement affects your statutory rights;

      3. we only supply the Site and Service for domestic and private use. You agree not to use the Site or Service, or any content therein, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;

      4. we are not liable for any loss or damage suffered by you as a result of your negligence whilst using the Site or Service; and

      5. subject to the foregoing, our total and aggregate liability to you in respect of any loss or damage suffered and arising out of or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise shall not exceed the amount of AU$100. 

  15. NOTICES

    1. Any notice given to a party under or in connection with this Agreement shall be in writing and shall be:

      1. delivered by hand or by pre-paid first-class post or other next working day delivery service; or

      2. sent by email,

      in the case of Trainerize, to the address specified in Clause 1. and in the case of the End User, to the address specified in its Account, each as may be updated by written notice from time to time.

    2. Any notice shall be deemed to have been received:

      1. if delivered by hand, at the time the notice is left at the proper address;

      2. if sent by pre-paid first-class post or other next working day delivery service, at 9:00 am on the second business day after posting. “Business day” in this context means a day, other than a Saturday, Sunday or public holiday in Australia, when banks in Sydney are open for business; and

      3. if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. “Business hours” in this context means 9:00am to 5:00pm Monday to Friday on a day that is not a public holiday in Australia.

    3. A notice given under this Agreement in relation to the termination of, or legal proceedings arising out of or in relation to, this Agreement, is not valid if sent only by email.

  16. OTHER IMPORTANT INFORMATION

    1. Each of the clauses of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

    2. You may only transfer your rights or your obligations under this Agreement if Trainerize agrees in writing. Trainerize may transfer its rights and obligations under this Agreement at any time without restriction provided that such assignment will not affect your rights or obligations under this Agreement, we will notify you in advance, and you will have the right to cancel your Agreement and Account.

    3. If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    4. This Agreement is between you and Trainerize. Except as provided in Clause 12.10, this Agreement does not give rise to any rights to third parties to enforce any of its terms.

  17. DISPUTES, GOVERNING LAW AND JURISDICTION

    1. You hereby agree that any dispute (either contractual or non-contractual) arising out of, or in connection with, this Agreement will be governed by and construed in accordance with the laws of New South Wales, Australia.

    2. As a consumer resident in Australia or New Zealand:

      1. you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law; and

      2. you may bring any dispute (either contractual or non-contractual) that may arise under or in connection with this Agreement, at your discretion, to the competent courts of New South Wales, Australia or to the competent court of your country of habitual residence, which courts are competent to settle such a dispute. We shall bring any dispute (either contractual or non-contractual) which may arise under this Agreement to the competent court of your country of habitual residence if this is in Australia or New Zealand.