DRAFT — pending legal review. This document has been authored in good faith but has not yet been reviewed by counsel. Content may change before the platform exits beta.

Legal

Terms of Service

The agreement between you and FitTrainr that governs your use of the Service.

Version
v0.1
Effective
2026-04-26
Last updated
2026-04-26

These Terms of Service ("Terms") form a binding agreement between you and FitTrainr Inc. ("FitTrainr", "we", "us") and govern your access to and use of the FitTrainr coaching platform — the website, web application, and mobile apps (together, the "Service"). By creating an account or using the Service you agree to these Terms.

If you do not agree, do not use the Service.

1. Eligibility

You must be at least 16 years old to use the Service. By using the Service you represent that you meet this minimum age and that you have the legal capacity to enter into a binding contract in your jurisdiction.

If you are using the Service on behalf of an organisation (for example, a coaching business or gym), you represent that you have authority to bind that organisation to these Terms, and "you" in these Terms refers to that organisation.

2. Accounts

You are responsible for the security of your account. Keep your sign-in credentials confidential, enable two-factor authentication where available, and notify us immediately at support@fittrainr.com if you believe your account has been compromised.

You are responsible for everything that happens under your account, whether or not you authorised it, until you have notified us of compromise.

3. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations may result in suspension or termination of your account.

4. Subscriptions, Billing, and Refunds

Coaches pay a subscription fee for use of the Service; clients invited by a coach use the Service at no charge. Pricing and tier details are published at https://web.fittrainr.com/pricing.

4.1 Trials

Free trials, where offered, last for the period stated when you sign up. At the end of the trial you must select a paid plan to continue using the Service. No payment method is required during the beta period.

4.2 Billing cycle

Subscriptions renew automatically at the end of each billing period (typically monthly or annually). You can change or cancel your plan at any time from your billing settings.

4.3 Refunds

We do not provide refunds for partial subscription periods, except where required by law. If you believe you have been billed in error, contact support@fittrainr.com.

4.4 Price changes

We may change subscription pricing. Material changes apply to your next renewal and will be communicated by email at least 30 days in advance. You may cancel before the new price takes effect.

5. Coaches: Specific Terms

If you sign up as a coach, you additionally agree:

  • To act professionally toward your clients and to comply with all local licensing, certification, and insurance requirements applicable to your practice.
  • That you are an independent contractor and not an employee, agent, or representative of FitTrainr. Nothing in these Terms creates a partnership, joint venture, or franchise.
  • That the guidance you provide your clients is your own professional opinion. FitTrainr does not review, endorse, or assume responsibility for that guidance.
  • Not to provide medical advice, diagnose, treat, cure, or prevent any disease, or hold yourself out as a healthcare provider through the Service.
  • To handle your clients' personal information in accordance with applicable law.

6. Clients: Specific Terms

If you sign up as a client, you additionally acknowledge:

  • That FitTrainr is a wellness and fitness platform — not a medical service. See our wellness disclaimer.
  • That your coach is an independent professional whose advice is their own. You are solely responsible for evaluating that advice and consulting qualified professionals before acting on it.
  • That you will not rely on the Service or your coach for emergency situations, medical conditions, or anything that requires immediate professional intervention.

7. Your Content

You retain all rights to the content you upload to the Service — nutrition logs, photos, workout history, messages, programs you author, articles you publish. By uploading content you grant FitTrainr a worldwide, non-exclusive, royalty-free licence to host, store, display, and transmit that content solely for the purpose of operating the Service for you and the people you have authorised (such as your coach or your clients).

We do not use your content for any other purpose. We do not train public AI models on your content. We do not licence your content to third parties.

8. Intellectual Property

The Service, including its software, design, logos, and platform-authored content, is owned by FitTrainr and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms.

You may not copy, modify, distribute, sell, or reverse-engineer the Service except to the extent expressly permitted by law.

9. Suspension and Termination

We may suspend or terminate your account if you violate these Terms, the Acceptable Use Policy, or any applicable law; if your account presents a security or fraud risk; or if your subscription is past due.

You may terminate your account at any time. See Account Deletion for the steps. Termination does not relieve you of any payment obligations accrued before termination.

10. Disclaimers

The Service is provided "as is" and "as available" without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties — express, implied, statutory, or otherwise — including warranties of merchantability, fitness for a particular purpose, and non-infringement.

FitTrainr does not warrant that the Service will be uninterrupted, error-free, or free of harmful components, nor that any defect will be corrected.

11. Limitation of Liability

To the maximum extent permitted by law, FitTrainr will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising from or related to your use of the Service.

FitTrainr's maximum aggregate liability arising out of or related to these Terms or the Service is capped at the greater of (a) the amount you paid to FitTrainr in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars (USD 100).

Specific liability disclaimers regarding coach-client interactions are set out in our Liability Notice.

12. Indemnification

You agree to indemnify and hold harmless FitTrainr, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; or (c) your violation of any rights of a third party.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles. Any dispute arising under these Terms shall be resolved in the state or federal courts located in Delaware, and you consent to the exclusive jurisdiction and venue of those courts.

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

14. Changes to these Terms

We may revise these Terms from time to time. Material changes will be communicated by email at least 30 days before they take effect, and the version and effective date in the header above will be updated. The full history lives in our legal changelog. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Entire Agreement

These Terms, together with the documents they reference, constitute the entire agreement between you and FitTrainr regarding the Service and supersede any prior agreements. Our failure to enforce any right or provision is not a waiver of that right.

16. How to Contact Us

For questions about these Terms, email support@fittrainr.com.