Terms of Service

1. Service Provider

The Service is owned by TIMETIME SOFTWARE, S.L., a company incorporated under the laws of Spain (“TrainerStudio”). The Trainer may send any communication to the email address info@trainerstudio.io.

2. Definitions

• Service: the TrainerStudio platform, including the website, the trainer app, the client app, the application programming interfaces (APIs), the integrations and any related features.
• Trainer: the individual or legal entity that creates a professional account and subscribes to the Service, as well as the members of its team to whom it grants access.
• Clients: the individuals to whom the Trainer provides its services and who access the Service through the Trainer's account.
• Trainer Content: all information, data, programs, text, images, videos, messages, documents and other materials that the Trainer, its team or its Clients upload, generate or share through the Service.

3. Capacity and Professional Status

The Service is intended exclusively for professional use. To create a trainer account, a person must be at least 18 years of age and act in the course of a business or professional activity. By accepting these Terms, the Trainer represents that it is not acting as a consumer. Any person who accepts these Terms on behalf of a legal entity represents and warrants that he or she has sufficient authority to bind such entity.

Clients access the Service at the Trainer's invitation. The Clients' contractual relationship is exclusively with the Trainer and not with TrainerStudio.

4. User Account

The Trainer shall:

• Provide truthful, accurate and complete information and keep it up to date.
• Safeguard its login credentials with due care. The Trainer is responsible for all activity carried out through its account, including activity by the members of its team.
• Notify TrainerStudio as soon as possible, at info@trainerstudio.io, of any unauthorized use of its account or any security incident.
• Maintain a single account per professional or business. Creating multiple accounts to extend trial periods, circumvent the limits of the subscribed plan or improperly take advantage of promotions constitutes a material breach of these Terms.

5. Plans, Trial Period and Payments

Plans and Trial Period

The current plans, prices and limits are published on the TrainerStudio pricing page. TrainerStudio may offer trial periods or free plans, and may modify or withdraw them at any time. Upon expiration of the trial period, continued use of the Service shall require subscribing to a paid plan.

Billing and Renewal

• Subscriptions are paid in advance, on a monthly or annual basis, and renew automatically for successive periods of equal duration until canceled.
• Unless otherwise indicated, prices do not include taxes. VAT and any other applicable taxes shall be added.
• The Trainer authorizes TrainerStudio to charge the fees to the payment method provided. Card payments are processed by Stripe.
• Subscriptions purchased through the App Store or Google Play are governed, as regards billing, renewal and refunds, by the terms of Apple or Google, respectively.

Non-Payment

If a charge fails, TrainerStudio may retry it and shall notify the Trainer. If the situation is not remedied, TrainerStudio may restrict or suspend access to the account until all outstanding amounts have been paid in full, without prejudice to its right to claim such amounts together with any late-payment interest provided by law.

Price Changes

TrainerStudio may change its prices by giving the Trainer at least 30 days' prior notice. The new price shall apply from the next renewal. If the Trainer does not agree, it may cancel its subscription before that date.

Refunds

Amounts paid are non-refundable, including for partially used periods, unless required by law or expressly stated by TrainerStudio. In the event of any issue with a charge, the Trainer is requested to contact TrainerStudio before initiating a dispute with its bank.

6. The Trainer's Business and Relationship with Its Clients

TrainerStudio is a technology tool. The Trainer freely determines the manner in which it provides its services and is solely responsible for its relationship with the Clients. In particular, the following are the exclusive responsibility of the Trainer:

• Designing training programs, nutrition plans, recommendations and any other advice addressed to its Clients, as well as ensuring that they are appropriate for each individual.
• Holding the qualifications, professional registrations, authorizations, licenses and insurance required for its activity under applicable law.
• Assessing the health of its Clients before prescribing exercise or nutritional guidelines and, where appropriate, referring them to a healthcare professional.
• The contracts, terms, prices, invoices and tax obligations relating to the services it provides to its Clients.
• Compliance with data protection laws with respect to its Clients, in accordance with the section “Client Data and Data Protection”.

TrainerStudio is not a party to the agreements entered into between the Trainer and its Clients and assumes no liability whatsoever for any claims arising between them.

7. Client Data and Data Protection

With respect to the Clients' personal data, the Trainer acts as data controller and TrainerStudio acts as data processor. This section constitutes the data processing agreement required by Article 28 of Regulation (EU) 2016/679 (General Data Protection Regulation, “GDPR”).

Obligations of the Trainer

• Inform its Clients about the processing of their data and have a valid legal basis for such processing; in the case of health data (weight, measurements, injuries, progress photos, etc.), as a general rule, their explicit consent.
• Obtain the consent of the holders of parental authority or legal guardianship before registering minors under the age of 14, or such other age as may be established by applicable law.
• Respond to requests to exercise data subject rights submitted to it by its Clients.

Obligations of TrainerStudio as Data Processor

• Process the data solely for the provision of the Service and in accordance with the Trainer's documented instructions, which are those the Trainer gives when configuring and using the Service.
• Ensure that persons authorized to process the data have committed themselves to confidentiality.
• Implement technical and organizational measures appropriate to the risk.
• Engage only the sub-processors listed in the Privacy Policy, with whom TrainerStudio has entered into agreements imposing equivalent safeguards. The Trainer grants a general authorization for their engagement, replacement or addition. Changes shall be published in that policy, and the Trainer may object to them by canceling its account.
• Assist the Trainer, to a reasonable extent, in responding to data subject requests and in complying with its obligations regarding security and data protection impact assessments.
• Notify the Trainer without undue delay of any personal data breach affecting its Clients' data of which TrainerStudio becomes aware.
• Upon termination of the agreement, return or delete the data in accordance with the section “Cancellation, Suspension and Termination”, unless there is a legal obligation to retain it.
• Make available to the Trainer the information reasonably necessary to demonstrate compliance with these obligations.

8. No Medical Advice

Neither the Service nor its content (exercise library, food database, templates, calculations, metrics or suggestions) constitutes medical advice, diagnosis or treatment, and TrainerStudio is not a medical device. Nutritional information comes from public and third-party sources and may contain errors. Decisions regarding the Clients' health rest exclusively with the Trainer and the Clients themselves.

9. Trainer Payments from Clients

When the Trainer uses the payment features, its Clients' payments shall be processed through Stripe into the Trainer's own connected account and shall be subject to Stripe's terms. The Trainer acts as the seller and is solely responsible to its Clients for its prices, refunds, chargebacks, invoices and taxes. TrainerStudio does not receive or hold such funds and is not liable for any holds, reserves or decisions that Stripe may adopt with respect to the Trainer's account.

10. Artificial Intelligence Features

Certain features use third-party artificial intelligence models to assist the Trainer in creating programs, drafting messages or summarizing information. The output generated may be inaccurate, incomplete or unsuitable for a particular Client. The Trainer shall review such output before using or sending it and shall be solely responsible for its use.

11. Messaging, WhatsApp and Notifications

The Trainer is responsible for the content of the messages, reminders, campaigns and notifications it sends to its Clients through the Service, whether by email, WhatsApp, push notifications or other channels, as well as for obtaining the necessary consent from each recipient. These channels depend on third-party providers, such as Meta or Twilio, which may apply their own policies, limits or blocks. TrainerStudio may restrict or suspend any sending that appears to constitute unsolicited communications or that compromises the operation of the Service.

12. Document Signing

The signing feature records the Clients' acceptance of documents by means of a simple electronic signature. It does not constitute an advanced or qualified electronic signature. The Trainer decides which documents to use and is responsible for their validity and sufficiency.

13. Acceptable Use

The following are prohibited:

• Using the Service for unlawful or fraudulent purposes, or for purposes that infringe the rights of third parties.
• Uploading content that is unlawful or offensive, that infringes intellectual or industrial property rights, or that contains malicious software.
• Sending unsolicited commercial communications.
• Accessing or attempting to access other accounts, systems or data without authorization, or disrupting the operation of the Service.
• Extracting data or content by automated means (scraping, bots) without prior written authorization, except through TrainerStudio's public APIs and within their limits.
• Copying, decompiling or reverse engineering the Service, or using it to develop a competing product.
• Reselling or transferring access to the Service without authorization.
• Impersonating any person or entity.

14. Trainer Content

The Trainer retains ownership of the Trainer Content. The Trainer grants TrainerStudio a worldwide, royalty-free, non-exclusive license to host, reproduce, process, transmit and display such content to the extent necessary to provide, maintain, protect and improve the Service. With respect to content that the Trainer publishes in public areas of the Service, such as its public profile or its trainer website, the license includes the right to make such content available to the public.

The Trainer is solely responsible for all Trainer Content. The Trainer represents and warrants that it owns or holds all rights, licenses, permissions and consents necessary for such content (including text, music, images and videos of its own, of third parties or of its Clients, as well as the consent of the individuals appearing in them), and that the content and its use within the Service comply with the law and do not infringe the rights of third parties.

TrainerStudio does not review or monitor content prior to its publication and assumes no liability whatsoever for it. If TrainerStudio receives a complaint or becomes aware of content that appears to be unlawful or contrary to these Terms, it may remove such content or block access to it without prior notice.

TrainerStudio may use aggregated and anonymized data, which does not allow any individual or any Trainer to be identified, for the purposes of analysis, improvement of the Service and preparation of statistics.

TrainerStudio may freely use any suggestions or feedback that the Trainer submits regarding the Service, without any obligation to provide compensation.

Notwithstanding the backups performed by TrainerStudio, the Trainer is advised to periodically export the information essential to its business.

15. TrainerStudio Intellectual Property

The Service and its software, design, trademarks, exercise library, videos, templates and other proprietary content are owned by TrainerStudio or its licensors. For the duration of its account, TrainerStudio grants the Trainer a limited, non-exclusive, non-transferable and revocable license to use them within the Service in the course of its professional activity. No other rights are granted.

16. Third-Party Services

The Service integrates with third-party services, such as Stripe, Apple, Google, Meta (WhatsApp) or external calendars, the use of which is governed by each provider's terms. TrainerStudio is not liable for their availability, their changes or their acts.

17. Beta Features

Features identified as beta, experimental or preview are provided “AS IS”, for testing purposes, and may be modified or withdrawn at any time.

18. Availability and Changes to the Service

TrainerStudio shall use reasonable efforts to keep the Service available and functioning properly, but does not warrant that it will be free from interruptions or errors. The Service may be interrupted due to maintenance, updates, provider failures or other causes beyond TrainerStudio's control.

TrainerStudio may add, modify or withdraw features. Where an essential feature of a paid plan is withdrawn, the Trainer shall be given reasonable prior notice.

19. Cancellation, Suspension and Termination

The Trainer may cancel its subscription at any time from its account settings or, where applicable, from the App Store or Google Play. Cancellation shall take effect at the end of the period already paid.

TrainerStudio may suspend or terminate the Trainer's account with immediate effect and without any right to a refund in the event of breach of these Terms, non-payment, legal requirement, or where necessary to protect the Service, other users or third parties. TrainerStudio may also discontinue the Service for any other reason upon 30 days' prior notice; in that case, it shall refund the pro rata portion of any amounts paid in advance corresponding to the unused period.

Upon termination of the agreement, the Trainer shall have 30 days to request an export of its data. After that period, TrainerStudio may permanently delete the data, except for any data it is required by law to retain. Any provisions that by their nature should survive termination of the agreement, such as those relating to limitation of liability, indemnification or governing law, shall remain in effect.

20. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose or absence of errors. TrainerStudio does not guarantee that the Trainer or its Clients will achieve any particular results.

21. Limitation of Liability

To the maximum extent permitted by law:

• TrainerStudio shall not be liable for any indirect, incidental, special or consequential damages, or for any loss of profits, revenue, customers, data, reputation or business opportunities.
• TrainerStudio shall not be liable for any injuries, health problems or damages suffered by Clients or third parties as a result of the Trainer's programs, guidelines or recommendations, or for any damages arising from Trainer Content.
• TrainerStudio's total aggregate liability for any claim relating to the Service or to these Terms shall not exceed the amount paid by the Trainer in the 12 months preceding the event giving rise to the claim. For free plans, such limit shall be €50.

These limitations shall not apply in cases of willful misconduct or gross negligence, or in cases where the law does not permit liability to be limited or excluded.

22. Indemnification

The Trainer shall indemnify and hold harmless TrainerStudio and its directors, employees and contractors from and against any claim, penalty, damage, loss or expense (including reasonable attorneys' fees and court costs) arising from: (a) the Trainer's use of the Service; (b) the Trainer Content; (c) the Trainer's relationship with its Clients, including the programs, guidelines and recommendations it provides to them and the payments it collects from them; (d) the communications it sends through the Service; or (e) any breach of these Terms or of applicable law.

23. Force Majeure

Neither party shall be liable for any delay in or failure to perform its obligations where such delay or failure results from causes beyond its reasonable control, such as natural disasters, armed conflicts, pandemics, acts of government authorities, cyberattacks, utility or telecommunications outages, or failures of essential providers. The foregoing shall not relieve the Trainer of its payment obligations.

24. Changes to the Terms

TrainerStudio may amend these Terms to reflect changes in the Service, in the law or in its business. Material changes shall be notified to the Trainer by email or through the Service at least 15 days in advance. Continued use of the Service after the changes take effect shall constitute acceptance of the amended Terms. If the Trainer does not agree, it may cancel its account before that date.

25. Governing Law and Jurisdiction

These Terms are governed by the laws of Spain. Before bringing any legal action, the parties undertake to attempt in good faith to resolve their disputes for a period of at least 30 days, for which purpose the Trainer may write to info@trainerstudio.io. If no agreement is reached, the parties expressly submit to the courts of Pontevedra (Spain), waiving any other jurisdiction that may otherwise apply to them, unless mandatory law provides otherwise.

26. General Provisions

• Entire Agreement: these Terms, together with the Privacy Policy and any specific terms that the Trainer may accept, constitute the entire agreement between the parties with respect to the Service.
• Severability: if any provision is held to be invalid or unenforceable, it shall be modified to the minimum extent necessary to make it valid, and the remaining provisions shall remain in full force and effect.
• No Waiver: TrainerStudio's failure to exercise any right shall not constitute a waiver of such right.
• Assignment: the Trainer may not assign its rights and obligations under these Terms without TrainerStudio's prior written consent. TrainerStudio may assign them in the event of a merger, acquisition or sale of assets, or to a company within its group.
• Notices: TrainerStudio shall send its notices to the email address associated with the account or through the Service. The Trainer may send its notices to info@trainerstudio.io.
• Language: these Terms are published in several languages. In the event of any discrepancy, the English version shall prevail.

27. Contact

Any inquiries regarding these Terms may be sent to info@trainerstudio.io.