Terms of use

Last update: 09 Jan 2023

Please read these Terms of Use before using the Trainn mobile application.

These Terms of Use (“Terms” or "Agreement") are are entered into by and between you as a user (“User”, "you", "you're" or "your") and Trainn Fitness Ltd (the “Company”, "we", "us" or "our") and it's affiliates, and supersede and replace any terms and conditions of services that you may have previously agreed with Trainn in connection with the Platform. This is a legally binding contract. It applies to your use of (and subscription to) the Trainn website and mobile application ("app" or "platform"). Unless otherwise specified, all references to our services (“Service” or "Services") include the subscription, technology, content, services and products available through the Trainn Website and App, as well as any software that Trainn provides to you with that allows you to access the Services.

Each time you access or use our Services, subscribe to a plan or purchase something from us, you, and if you are acting on behalf of a third party or your employer, such third party or employer, agree to be bound by these Terms of Use and our Privacy Policy whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use our Service. We reserve the right to update and revise these Terms at any time by posting an updated Terms of Use on this Website. If any amendment to these Terms is unacceptable to you, you shall cease using this Website or App. If you continue using the Website or the App, you will be conclusively deemed to have accepted the changes. In addition, certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.

For more details about Trainn's Privacy Policy, please refer to our Privacy Policy available at the following webpage:

https://www.trainnfitness.com/privacy-policy

USER

Eligibility and Access to Services

By accessing our Services, you warrant that:

(i) You are legally capable of entering into binding contracts;

(ii) All registration information you submit is truthful and accurate;

(iii) You will maintain the accuracy of such information; and

(iv) Your use of the Services does not violate any applicable law or regulation.

By accessing or using the Platform, you confirm that you are of legal age in your country and not under 16 years old, or you have consent from your parent or guardian, you have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Platform.

To access our Services, you may be required to register with the Site and create a user account (“Account” or "User Account"). If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. You agree that all information that you submit upon creation of your Account is accurate and truthful and you have the right to post the content on the Service and grant a license to Trainn Fitness Ltd. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.

You should not share your Account information. You should not use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Security

By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). Trainn is not responsible for any loss or activity that results from the unauthorised use of your User Account due to your failure to secure your access credentials.

You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the Trainn team in writing at hello@trainnfitness.com of any unauthorised use of your User Account or any other breaches of security.

SUBSCRIPTION

Subscription Services

You can choose to subscribe to the Platform either on a monthly, quarterly or annual basis, or for such other periods that Trainn may offer from time to time, and the applicable fees are set forth on the applicable app store from which the Trainn App can be downloaded.

Trainn reserves the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe to the Platform), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.

You authorise Trainn to charge the Account designated during the registration process the current fees and charges for each term according to the subscription plan. You may cancel the Service at any time. Once you cancel, you will not be charged again for the Service. You are responsible for any charges associated to connecting to the Site, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide Caliber Fitness with accurate, complete and updated information as to your name and e-mail address and payment information provided by you at registration. Failure to do so shall constitute a breach of these Terms.

Payment Details and Recurring Billing

The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the Platform).

When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. Trainn reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.

In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees.

Your subscription will automatically renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.

Refunds

Trainn does not offer any refunds unless it is due to a fault on our side. These refunds will be provided on a case-by-case basis.

Where you have subscribed for the Platform through an app store, the cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that app store. It is the sole responsibility of the User to read and understand what services are being offered prior to joining.

Changing Fees and Charges

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We may also at any time and from time to time, in our sole discretion, change or remove any of the pricing models in place.

Free Trials

We may provide a free trial subscription for a fixed period of time, as determined by Trainn in its sole discretion. Unless otherwise stated by Trainn in respect of specific promotions, free trials are only available to new Trainn users, and Trainn reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees.

After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. If you sign up for a free trial of the Services, you must cancel the Service before the end of the free trial period to avoid being charged the subscription fee designated during the registration process.

USE OF PLATFORM AND SERVICES

We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to Registrants and Members)) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice. Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms.

By using the Platform, you confirm that you will not use the Platform for any of the following:

(i) Unlawful Activity – any activity that: (1) involves proceeds from any illegal or unlawful activity; (2) publishes, distributes or disseminates any illegal or unlawful material or information; or (3) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which Trainn or the User are bound in any jurisdiction applicable to the access and use of the Platform ("Applicable Laws").
(ii) Unauthorised Use – any activity that: (1) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (2) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (3) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (4) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (5) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (6) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.
(iii) Abusive Acts – any act that: (1) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (2) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (3) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.
(iv) Fraud – any act that: (1) attempts to defraud SWEAT or any other person; or (2) provides false, inaccurate or misleading information to SWEAT.

Without limiting the foregoing, you may not do any of the following while accessing or using the Services:

(i) Use the Services for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;
(ii) Express or imply that any statements you make are endorsed by Trainn;
(iii) Scrape the Services or use other automated or manual means to take our content without our express prior written consent;
(iv) Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read;
(v) Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
(vi) Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
(vii) Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
(viii) Run any form of auto-responder or “spam” on the Services;
(ix) Access or use the Services for any illegal or unauthorised purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; or
(x) Otherwise take any action in violation of these Terms.

Contributed Content

You are solely responsible for all data, content or materials that you submit or otherwise upload to or through the Platform or to us (including any information contributed by you in form of a blog or message, and any comments, feedback or ideas that you send to Trainn) ("Contributed Content") and expressly agree not to submit or upload any Contributed Content which:

(i) advertises or promotes any services or brands (with respect to you or any third party);
(ii) contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;
(iii) you know not to be true and honest, or which spreads false or misleading statements;
(iv) you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party;
(v) impersonates any person or entity or otherwise associates, infers or misrepresents the User’s affiliation with a person or entity;
(vi) contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;
(vii) contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files;
(viii) constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute "spam";
(ix) may expose Trainn or other Users to any harm or liability of any kind; or
(x) is contrary to any Applicable Laws.

Availability of Services, Faults and Complaints

Trainn shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of Trainn's control. Trainn will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period. We will not be liable to you if the Services are unavailable from time to time.

Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in our Services, please report it to us at hello@trainnfitness.com and we will review your complaint and, where we determine it appropriate to do so, correct the fault.

Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can.

You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.

You acknowledge and agree that Trainn shall not have any liability or be responsible in any way for: (1) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (2) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (3) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.

You must immediately notify the Trainn team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.

Users may also be required to download and install updates to the Trainn App so as to maintain access to the Platform and its services. A User's failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible to the User until such update has been downloaded and installed.

INTELLECTUAL PROPERTY

All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights") in the Platform and the material published on and through it (except the Contributed Content) are owned by Trainn, it's licensors and other providers of such material and are protected by Applicable Laws.

Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, using the Services does not (1) give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorised use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

In particular, audio or video content from Trainn not explicitly indicated as downloadable may not be downloaded or copied from the Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of United Kingdom, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use.

You may not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorised use of the Services

To inquire about obtaining authorisation to use the materials or content other than as permitted in these Terms, please contact us at hello@trainnfitness.com

You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platfor.

Trainn reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.

By posting or otherwise providing Contributed Content, you grant Trainn a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.

THIRD PARTY SERVICES AND CONTENT

You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”).

In using the Platform, you may view content provided by third-parties, including links to web pages and services of such parties ("Third Party Content"). Unless expressly stated otherwise, Trainn does not control, endorse or adopt any Third Party Content and has no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.

Your dealings or correspondence with such third parties are solely between you and the third party. Trainn is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.

If you access the Platform through or using any services or software provided by third parties, you acknowledge and agree that Trainn is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services or software.

LIMITATION OF LIABILITY, DISCLAIMER, INDEMNITY

Limitation of Liability

Trainn is not liable for any direct, special, incidental, indirect or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use our Platform and Services or the conduct of other Users (whether online or offline) or attendance at any Trainn event. You assume total responsibility for your use of the Platform and Services. That said, if Trainn is found to be liable to you for any damage or loss which is connected with your use of our Platform, Trainn's liability shall not exceed British Pound Sterling £100.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.

Medical disclaimer

ALWAYS CONSULT A PHYSICIAN BEFORE STARTING OR CHANGING YOUR EXERCISE ROUTINE OR WORKOUT PROGRAM OR TAKING ANY ADVICE FROM Trainn.

The information provided by Trainn on our website and Platform or sent to you in any way by Trainn (including emails, advertisements and private messages) is intended to assist you in your fitness efforts. All information is of a general nature and is furnished for educational purposes only. The information provided through our Platform is not intended as a substitute for medical counselling, or the professional advice of your personal physician, or the practice of medical or counselling care. For purposes of these Terms, the practice of medicine and counselling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis, or advice.

Before you begin any fitness or nutrition program, consult your physician to determine if the fitness or nutrition program is right for your needs. Do not start a fitness or nutrition program if your physician advises against it. Please note that Trainn's trainers, affiliates or employees cannot provide you with medical advice and nothing that you may read on this site or that is otherwise provided to you by Trainn’s trainers, affiliates or employees should be construed as such. Although the Trainn team, trainers, affiliates and employees make an effort to provide quality information to you, Trainn disclaims any express or implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any information provided through this site or sent to you by a Trainn trainer or the Platform.

Use of the Services is at your own risk. In using the Services, you are affirm that you do not have any of the following conditions, unless specifically approved by a physician to undertake physical activity despite such conditions: (i) heart and/or blood pressure conditions; (ii) chest pains; (iii) loss of balance due to dizziness; (iv) loss of consciousness; (v) bone or joint problems that could be made worse by a change in your physical activity; or (vi) history of high blood pressure or heart problems (including within your immediate family).

You further affirm that if you are pregnant or breastfeeding you have consulted with a physician regarding your use of the Services.

Trainn reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through the Services.

GENERAL

Force Majeure Event

We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control.

A "Force Majeure Event" means any event beyond Trainn's reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

If a Force Majeure Event occurs that affects Trainn's ability to perform its obligations under these Terms of Use, the Trainn team will contact you as soon as reasonably possible to notify you and Trainn's obligations under these Terms of Use will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.

Data Privacy

We will only use your personal information as set out in Trainn's Privacy Policy (as amended from time to time) available at the following webpage:

https://www.trainnfitness.com/privacy-policy

Transfers

Trainn may transfer its rights and obligations under these Terms of Use to another entity, but this will not affect your rights or Trainn's obligations under these Terms of Use. You may not transfer your rights and obligations under these Terms of Use to another person.

Validity

If any provision of these Terms of Use is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

Waiver

No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

Data Checks

Trainn may run some checks on any orders that you place on the Platform, including verification of the delivery address and the payment details that you have provided. Trainn may also carry out checks for security reasons and to identify fraud. Trainn reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.

No purchase for resale

The digital products (e.g. ebooks, training videos) that are available on the Platform are intended solely for direct sale to end consumers, and therefore the purchase of such digital products for resale (i.e. purchase with the intention for reselling the products to other consumers, business or third parties) is strictly prohibited. Trainn reserves the right to take any action to prevent resale of digital products, including restricting sales to you and cancelling any orders made by you.

Governing law

No matter where you’re located, the laws of United Kingdom will govern these Terms and the relationship between you and the Company.

Any dispute arising out of or in connection with these Terms, including any disputes regarding the existence, validity or termination thereof, shall be settled by mediation administrated by The International Mediation Institute in accordance with the rules on mediation adopted by The International Mediation Institute and in force at the time when such proceedings are commenced.

If the mediation proceedings are terminated without a settlement, the dispute shall be settled by the courts in London.

Comments, Concerns and Complaints

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: hello@trainnfitness.com