Trainnr Terms of Use

User Acknowledgement and Acceptance

Fitwise, Inc. (together with its, affiliates, partners, licensors, subsidiaries, and/or related companies, “Fitwise,” “us,” “our,” or “we”) is a health and fitness corporation that is dedicated to providing innovative ways to make the future healthier and fitter for everyone.

These Terms of Use govern your access to and use of our fitness platform located at www.trainnr.com(the “Trainnr Platform”), (“altogether “Services”). By visiting our website, using our web or mobile applications, and/or interface provided by us, whether you are a browser, trainer, potential customer, or anyone else you become a User of our Services and agree to be bound by the following Terms of Use.

As part of offering Services, you may be asked to provide and we will handle and process, certain personal information, including your name, address, email and phone number among other information. Our Privacy Policy (available here) details how your information is used when you use our Services, and is also your agreement that we can process your information in the ways set out in the Privacy Policy. These Terms of Use, our Privacy Policy, and any other policies or agreements incorporated herein, form a legally binding agreement between all Users and Fitwise. IF YOU DO NOT WISH TO BE BOUND HEREUNDER, YOU MUST DISCONTINUE YOURUSE OF THE TRAINNR PLATFORM AND SERVICES. Fitwise reserves the right to change these Terms of Use from time to time without notice to you. Users acknowledge and agree that it is their responsibility to review these Terms of Use periodically and to be familiar with any modifications. Any Users continued use of the Trainnr Platform and Services after such modifications will constitute acknowledgement and agreement to the modified Terms of Use.

Access to Services and Platform

The Trainnr Platform is a digital marketplace that enables fitness trainers and professionals (“Trainers”) to offer for sale to potential clients (“Subscribers”) virtual fitness, coaching, and wellness services (altogether “Fitness Services”)and related products and materials (altogether “Fitness Products”). It is understood that some of the provisions of these Terms of Use apply to all Users, while others are applicable only to Subscribers and/or Trainers.

You understand and agree that temporary interruptions of Services available through the Trainnr Platform may occur as normal events. You further understand and agree that we have no control over Third-Party Providers (as defined below) or networks you may access during your use of the Trainnr Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that temporary interruptions of Services available through the Trainnr Platform may occur as normal events. We reserve the sole right to modify or discontinue your use of the Trainnr Platform or any portion of the Trainnr Platform, at any time with or without notice to you. We will not be liable to you or any third-party should we exercise such right.

Mobile Applications and Services

The Trainnr Platforms may include certain Services that are available via your mobile phone through web applications, including without limitation the ability to access the Trainnr Platform and Services and purchase Fitness Services and Fitness Products through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services, however, your carrier’s normal messaging, data and other rates and fees will still apply. By using the Mobile Services, you agree that Fitwise may communicate with you regarding Services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your profile settings and registration data to ensure that your messages are not sent to the person that acquires your old number.

User License

Subject to your acceptance and compliance with these Terms of Use, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable, personal license to use the Trainnr Platform and the Services. No portion of the Trainnr Platform, may be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose other than as expressly set forth herein without our express written consent. Except as expressly set forth herein, these Terms of Use grant you no rights in or to Fitwise’s intellectual property. The license granted in this section is conditioned on your compliance with these Terms of Use, and in the event that you breach any provision of these Terms of Use, your rights under this section will immediately terminate.

Use by Minors

The Trainnr Platform is intended for use by Users who are eighteen (18) years of age. Any use of or access to the Trainnr Platforms or Services by anyone under eighteen (18) without the express permission of their parent or legal guardian is unauthorized, unlicensed and in violation of these Terms of Use. Fitwise does not collect any data or information from children under the age of thirteen (13).

Prohibited Uses

Each User represents and warrants to Fitwise that they will not use the Trainnr Platform (or any portion thereof) or Services for any purpose other than for the legitimate purposes outlined here and that agrees not to violate the following prohibitions:

  • Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.Perform the obligations that you agree to perform
  • Don’t post information you know is false, misleading, or inaccurate, or take any actions that are deceptive or fraudulent.
  • Don’t offer any products or services that are illegal, violate any applicable law, statute, ordinance, or regulation, including the charging or payment of any applicable taxes.
  • Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy
  • Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Trainnr Platform
  • Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Trainnr Platform (whether it belongs to Fitwise or another party).
  • Don’t violate the rules on dealing with personal and confidential information. When you use the Trainnr Platform, and especially if you are a Trainer, you may receive personal information about Clients, including things like their names, email addresses, and postal addresses, as well as their health and fitness history, challenges and personal goals. This information is to be kept confidential in accordance with these Terms of Use, and used solely for purposes of providing Fitness Services and Fitness Products.
  • Don’t try to interfere with the proper workings of the Services, bypass any measures we’ve put in place to secure the Services or gain unauthorized access to any system, data, password, or other information, whether it belongs to Fitwise or another party.
  • Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Trainnr Platform to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  • Don’t take apart or reverse engineer any aspect of the Trainnr Platform in an effort to access things like source code, underlying ideas, or algorithms

Account; Subscription Package

In order to access certain Services and/or Mobile Services, including the ability to register as a Trainer and/or purchase Fitness Services and Fitness Products, Users will be required to create an account with a password that can be obtained by completing our online registration form(altogether “Account”). By creating an Account, you agree that all information provided in the registration data is true and accurate and that you will maintain and update this information as required to keep it current, complete, and accurate. You are solely responsible for maintaining the confidentiality of your password and Account and for any and all statements made and acts or omissions that occur through the use of your password and Account, whether or not permitted or authorized by you.

[Once you establish an Account, you can purchase different packages (“Subscriptions”). There is no charge for becoming a Subscriber, however, once Subscribers purchase a Subscription, they agree that they will keep their Account active for so long as required in connection with the provision of any Fitness Services or Fitness Products purchased.

[cancellation] Subscriber at all times as part of and you may cancel your Subscription any time by using the [cancellation mechanism provided on the Trainnr Platform] or by giving us written notice or your wish to terminate your Subscription at [ ].

Purchase and Sale of Fitness Services and Fitness Products

Through the Trainnr Platform, Users may engage in commercial transactions with other Users and/or Third-Party Providers. You acknowledge that all transactions relating to any Fitness Services or Fitness Products, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the Trainer and Subscriber. Users understand that Fitwise does not manufacture, store, inspect or monitor any of the Fitness Services or Fitness Products sold through our Services, such items produced, listed, and sold directly to Subscribers by Trainers are between independent parties, and Fitwise cannot and does not make any warranties about their quality, safety, or even their legality. Any claim related to Fitness Services or Fitness Products, whether initiated by Subscriber or Trainer must be brought directly against the applicable purchaser or seller of the item. Users expressly understand that if there are any customer service issues relating to Fitness Services or Fitness Products, the Users must resolve issues amongst themselves.

All Users explicitly and entirely release Fitwise from any claims related to items sold through Services or on the Trainnr Platform, including for defective items, misrepresentations by sellers, items that caused physical injury (like product liability claims), claims that purchasers failed to pay amounts owed, tax issues, or termination of Users access to the Trainnr Platform or Services. Users are solely responsible for interactions on the Trainnr Platform with other Users.

Third-party Providers

As a feature of Services, the Trainnr Platform provides a mechanism for Trainers to offer and Subscribers to purchase Fitness Services and Fitness Products by contracting with Stripe, Inc., a Third-Party Provider payment processor. Users’ interactions with such Third-Party Providers, which supply certain services, or equipment not owned or controlled by Fitwise, will be entirely at the User’s own risk and subject to the terms and conditions (and applicable privacy policy) for such Third-Party Provider. Fitwise is not responsible for or liable to any User for the performance of any Third-Party Provider accessed through the Trainnr Platform, and expressly releases Fitwise for any liability in connection with any such claims.

In order to use Third Party Provider services, such as payment processing, Users may be subject to processing or other fees or charges assessed by such Third-Party Providers that are beyond our control. USERS EXPRESSLY AGREE AND ACKNOWLEDGE THAT FITWISE IS NOT RESPONSIBLE FOR ANY SUCH THIRD-PARTY PROVIDER FEES BUT THAT USERS MAY NOT BE ABLE TO PURCHASE FITNESS SERVICES AND FITNESS PRODUCTS WITHOUT BEING SUCBJECT TO SUCH THIRD-PARTY PROVIDER POLICIES AND REQUIREMENTS.

Trainnr Transaction Fees

All purchases and sales of Fitness Services or Fitness Products through the Trainnr Platform are subject to a fifteen percent (15%) transaction fee(“Transaction Fee”), which is to be paid by the applicable Trainer to Fitwise through the Third-Party Provider payment processor, and which fee is calculated based upon the total value of the Fitness Services and/or Fitness Products being purchased by Subscribers. Additional terms relating to the Trainnr Transaction Fee are posted [HERE].

User Content

The Trainnr Platform enables Trainers to post, submit, publish, display, or transmit content or materials on the site, including linking content from the User’s Facebook, YouTube, Instagram and other social media accounts, for the purposes of selling Fitness Services and Fitness Products (collectively, “User Content”).Trainers agree that all User Content must comply with these Terms of Use. Any User Content is considered non-confidential. By providing any User Content via the Trainnr Platform, Trainers grant Fitwise an irrevocable, perpetual, royalty-free worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third-parties any of your User Content for any purpose. This license also includes the right to sublicense your User Content to third-parties or other users.

Fitwise neither endorses nor assumes any liability for any User Content, or the contents of any material uploaded or submitted by Users. Fitwise does not pre-screen, monitor, or edit User Content. Fitwise reserves the right in its sole discretion to remove any User Content that does not comply with these Terms of Use, or which is otherwise harmful, unlawful, objectionable, or inaccurate.

Users hereby represent and warrant that you own or control all rights in and to your User Content and have the right to grant the license granted above to us; your User Content does not and will not infringe any intellectual property, contract, privacy or contract rights of any third party, and your User Content does and will comply at all times when Services are in use with these Terms of Use.

Fitwise Intellectual Property

All content included on the Trainnr Platform or in connection with Services that is not User Content, such as descriptions, text, graphics, logos, images, videos, as well as the compilation thereof, and any software used to provide the Service, is the exclusive property of Fitwise and protected by trademark, copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Trainnr logos and service names are trademarks, registered trademarks or service marks of Fitwise or its affiliates. The use of Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Fitwise. You agree that you do not acquire any ownership rights in any of Fitwise’s intellectual property. No licenses, express or implied, to the intellectual property of Fitwise has been granted except as expressly authorized by these Terms of Use.

Disclaimer of Warranties

ALL SERVICES ON THE TRAINNR PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTIES OF TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICESWILL MEET YOUR REQUIREMENTS, (B) THE SERVICESWILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICESWILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM A TRAINER WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

FURTHER, FITWISE WILLNOT BE LIABLE IN ANY WAY FOR FITNESS SERVICES OR FITNESS PRODUCTS OFFERED FOR SALE THROUGH THE TRAINNR PLATFORMOR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH ANY TRAINNR PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS, RETURNS, EXCHANGES OR ANY OTHER CUSTOMER SERVICE ISSUES.

Fitwise Limitation of Liability

IN NO EVENT SHALL FITWISEBE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM INURIES, LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE TRAINNR PLATFORM, SERVICES, USER CONTENT, OR OF ANY OTHER SITE OR SERVICE REFERENCED OR LINKED TOORFROM A TRAINNR PLATFORM.

IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING EXCLUSIONS OF LIABILITY, WE, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS IS LIABLE TO YOU FOR ANY AMOUNTS UNDER THESE TERMS OF USE UNDER ANY THEORY OF RECOVERY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, OUR TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNTS WE ACTUALLY RECEIVED FROM YOU FOR SERVICESIN THE TWELVE (12)-MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR ANY PORTION THEREOF MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. IN THE EVENT THAT YOUR JURISDICTION PROHIBITS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THISSECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS OF USE OR SERVICES.

Health and Safety Warning; Assumption of Risk

The Trainnr Platform and Services are designed for recreational and healthy living purposes only and are not intended as medical or nutritional advice. The information contained in the Trainnr Platforms should not be used to diagnose or treat any illness, metabolic disorder, disease or health problem. Always consult your physician, medical practitioner, or other health care provider before beginning any fitness or exercise program. Use of the programs, advice, and information contained in the Trainnr Platform is at the sole choice and risk of the User. You expressly agree that engaging in athletic or fitness activities carry certain inherent and significant risks of bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or in part by the action, inaction or negligence of Fitwise or any User.

Indemnification

Each User, as applicable, agrees to defend, indemnify, and hold Fitwise and its respective directors, officers, employees, and agents harmless from all demands, actions, investigations, damages, claims, liabilities, whether actual or threatened, and all losses and expenses, including, but not limited to, attorneys’ fees that Fitwise incurs or is required to pay, arising from your use or misuse of any Trainer Services or Trainer Products, violation of these Terms of Use, or actual or threatened claim that User Content, as applicable, infringes any patent, trademark, trade secret, copyright, right of publicity or privacy, or other proprietary or contract right of any party. Fitwise reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User, in which event such User will cooperate with Fitwise in asserting any available defenses. This indemnification shall survive the termination of these Terms of Use or Services.

International

The Trainnr Platform is controlled, operated, and administered by Fitwise from its offices within the United States of America. Fitwise makes no representation or warranty that the materials contained within the Trainnr Platform or Services are appropriate or available for use at locations outside of the United States. If Users access the Fitwise Services from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.

Termination of User

Users agree that we may, in our sole discretion, terminate or suspend any User’s access to any or all of the Services or the Trainnr Platform with or without notice and for any reason, including without limitation breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services and the Trainnr Platform shall immediately cease, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Trainnr Platform. We shall not be liable to any User, whether a Subscriber, Trainer or a third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Governing Law

You agree that the laws of the State of New York, without regard to principles of conflict of laws, will exclusively govern these Terms of use and any dispute between you and Fitwise. New York law will apply regardless of your residence or the location where you live or access the Trainr Platform or use Services. Jurisdiction will be exclusively in the state and federal courts sitting within New York City.

Arbitration

Users agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

No Class Actions

Users acknowledge and agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms of Use.

Attorneys’ Fees

In the event any litigation, action, or arbitration is brought by Fitwise in connection with these Terms of Use or use of the Trainnr Platform or Services, Fitwise will be entitled to recover from you its costs and other expenses, including reasonable attorneys’ fees, incurred in such litigation, action, or arbitration.

Miscellaneous

The Terms of Use, along with all the policies incorporated herein, supersede any other agreement between you and Fitwise regarding the Trainnr Platform and Services. If any part hereof is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect. Our failure to enforce any part of the Terms of Use is not a waiver of our right to later enforce that or any other part. Fitwise may assign, sell, or transfer our rights and obligations under this Agreement, in whole or in part, to any person or entity at any time without your consent, including our rights to payment under this Agreement. You may not assign your rights to use the Trainnr Platform or Services without Fitwise’s express written consent. If any provision of these Terms of Use, or a part thereof, shall be unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions or parts hereof .The provisions of these Terms of Use, which by their nature should survive termination will survive such termination.

Notices

All notices required or permitted to be given under these Terms of Use must be in writing. Fitwise may provide Users notice by sending an e-mail to the address on file in your Account, which you agree electronically satisfies any legal requirement that such notice be in writing. USERSBEAR THE SOLE RESPONSIBILITY OF ENSURING THAT THE E-MAIL ADDRESS ON FILE WITH FITWISEIS ACCURATE AND CURRENT, AND NOTICE SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY FITWISEOF AN EMAIL TO THAT ADDRESS.

Contact Us

FITWISE INC welcomes your questions or comments regarding the Terms:

Fitwise Inc.

651 N Broad St., Suite 205, #600

Middletown, DE 19709

Email Address: 

admin@trainnr.com

Effective as of July 1, 2020

Trainnr is a platform product by Fitwise Inc.

Fitwise Inc. is a health and fitness corporation that is dedicated to bringing a fitness future that provides the necessary tools and technology to democratize fitness. Making the future a healthier fitter future for everyone regardless of race, background, orientation, or socioeconomic background.

TRAINNR IS A PLATFORM PRODUCT BY FITWISE INC.

Fitwise Inc. is a health and fitness corporation that is dedicated to bringing a fitness future that provides the necessary tools and technology to democratize fitness. Providing a healthier and fitter future regardless of race, background, orientation, or socioeconomic background.

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