TrainSmartly Terms of Use

These Terms of Use (the "Terms") govern your access to and use of the websites, applications, waitlists, content, products, and related services (collectively, the "Services") offered by TrainSmartly Labs Inc., a corporation organized under the laws of Ontario, Canada ("TrainSmartly," "we," "us," or "our"). By creating an account, downloading the app, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility and Account Security

• You must be at least 13 years old (or the age of majority in your jurisdiction, if higher) to use the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
• You must provide accurate information when creating an account and keep it up to date. You are responsible for safeguarding your login credentials and for all activity under your account. Notify us immediately of any unauthorized use.
• We may refuse registration, disable accounts, or reclaim usernames if we believe they violate these Terms or pose a risk to the Services or other users.

2. Subscriptions, Trials, and Billing

• Certain features may require payment of fees on a subscription or transactional basis. Prices, features, and availability are subject to change with notice as required by law.
• If you sign up for a trial or promotional offer, it will convert to a paid subscription at the posted rate unless you cancel before the end of the trial period.
• Subscriptions renew automatically until canceled. You can manage or cancel renewals in your TrainSmartly account or through your app store settings. Payments are non-refundable except where required by law.
• We may suspend or terminate access if payment cannot be processed, if you request chargeback, or if we suspect fraudulent activity.

3. User Content and Permissions

• "User Content" includes workouts, notes, progress photos, goals, messages, feedback, and other material you submit or display through the Services.
• You retain ownership of your User Content. By submitting User Content, you grant TrainSmartly a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, adapt, distribute, and display that content as necessary to provide, operate, promote, and improve the Services.
• You represent that your User Content and its use by TrainSmartly as permitted herein will not violate any law or infringe the rights of any third party.
• We may remove or disable access to User Content that violates these Terms or applicable law, or in response to a valid legal request. We do not pre-screen content and are not responsible for what other users post.
• If you provide feedback or suggestions, you grant us the right to use them without any obligation to you.

4. Acceptable Use

You agree not to:

• Use the Services for unlawful, deceptive, harmful, or harassing purposes.
• Attempt to gain unauthorized access to any system or interfere with the integrity or performance of the Services.
• Reverse engineer, decompile, or attempt to derive source code except where permitted by law.
• Use automated scripts, bots, or scrapers without our prior written consent.
• Misrepresent your affiliation with any person or entity or impersonate another individual.
• Upload viruses, malware, or other harmful code.
• Engage in any activity that infringes or violates the rights of others.

5. Health and Wellness Notice

TrainSmartly provides educational and motivational content only. We are not a medical provider, nutritionist, or personal trainer. The Services do not replace professional medical advice, diagnosis, or treatment. Always consult a physician before starting a new training or nutrition program and listen to your body. If you experience pain, dizziness, shortness of breath, or other concerning symptoms, stop exercising and seek medical attention. You accept full responsibility for any decisions or actions taken based on information available through the Services.

6. Third-Party Services

The Services may link to, integrate with, or allow you to import data from third-party applications, wearables, or partners. Those services are governed by their own terms and privacy policies. TrainSmartly is not responsible for third-party content or functionality and providing links does not signify endorsement. Any disputes with third parties are solely between you and the third party.

7. Intellectual Property

TrainSmartly and its trademarks, logos, graphics, text, software, and other materials are protected by intellectual property laws. Except for the rights expressly granted, all rights are reserved. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for personal, non-commercial purposes. Any unauthorized use terminates this license.

8. Termination

You may stop using the Services at any time. We may suspend or terminate access, in whole or in part, with or without notice if we believe you have violated these Terms, created risk or legal exposure for us or other users, or for any other reason allowed by law. Sections that by their nature should survive termination (including ownership provisions, disclaimers, indemnity, and limitations of liability) will continue to apply.

9. Indemnification

You agree to indemnify, defend, and hold harmless TrainSmartly and our officers, directors, employees, partners, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from your use of the Services, your User Content, or your violation of these Terms or applicable law.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THAT HEALTH OR FITNESS RESULTS WILL MEET YOUR EXPECTATIONS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR PROVINCE OR TERRITORY (INCLUDING THE LAWS OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN), TRAINSMARTLY AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID TO TRAINSMARTLY FOR ACCESSING THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME RIGHTS MAY NOT BE WAIVED UNDER CONSUMER PROTECTION STATUTES; IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE SMALLEST EXTENT PERMITTED BY LAW.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Any dispute arising out of or relating to the Services will be resolved through good-faith negotiations. If the parties cannot resolve the dispute informally, the dispute will be brought exclusively in the courts of the Province of Ontario located in Toronto, and you consent to their jurisdiction and venue. Nothing in this section limits a party’s ability to seek injunctive or other equitable relief.

13. Acceptance of Standard Apple EULA

By using our app on Apple platforms, you agree to accept all terms listed in the Apple Standard End User License Agreement (EULA) available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.

14. Changes to These Terms

We may modify these Terms from time to time. When we make material changes, we will provide notice through the Services or by email. The updated Terms will take effect on the date indicated at the top. Your continued use after the effective date constitutes acceptance of the revised Terms.

15. Contact Us

If you have questions about these Terms or the Services, contact us at info@trainsmartly.ca