Effective Date: April 10, 2025
Last Updated: April 10, 2025
Welcome to TrainOn.io! These Terms and Conditions ("Terms") govern your access to and use of the website TrainOn.io (the "Site") and the TrainOn gym management software platform (the "Services"), provided by TrainOn Inc., a Delaware corporation located at 2130 W Chandler Blvd, Chandler, AZ 85224 ("TrainOn," "we," "us," or "our"). By accessing or using the Site or Services, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Site or Services.
1. Use of the Services
- Eligibility: You must be at least 18 years old and legally capable of entering into contracts to use the Services.
- Account: You must create an account to access certain features. You are responsible for maintaining the confidentiality of your account credentials and all activities under your account.
- Permitted Use: You may use the Services for gym management purposes (e.g., scheduling, CRM, member tracking) as intended. You may not misuse, reverse-engineer, or interfere with the Services.
2. Subscription and Fees
- Subscription: Access to the Services requires a paid subscription, with fees and terms outlined in your order form or on the Site.
- Payment: You authorize us to charge your provided payment method for all fees, which are non-refundable except as stated herein.
- Changes: We may adjust fees or features with 30 days' notice via email or Site posting. Continued use after changes constitutes acceptance.
3. User Content
- Ownership: You retain ownership of data you upload or generate through the Services ("User Content"), such as member profiles or gym schedules.
- License: You grant TrainOn a worldwide, non-exclusive, royalty-free license to use, store, and process User Content to provide and improve the Services.
- Responsibility: You are responsible for ensuring User Content complies with laws and does not infringe third-party rights.
4. Intellectual Property
- TrainOn Property: The Site, Services, and all software, designs, and AI features ("TrainOn Content") are owned by TrainOn or its licensors and protected by copyright, trademark, and other laws.
- Limited License: We grant you a non-exclusive, non-transferable license to use TrainOn Content solely for your internal business purposes during your subscription term.
- Restrictions: You may not copy, modify, distribute, or create derivative works from TrainOn Content without written consent.
5. Privacy
Your use of the Site and Services is also governed by our Privacy Policy (available at TrainOn.io/privacy), which details how we collect, use, and protect your information.
6. Termination
- By You: You may terminate your subscription with 30 days' written notice, subject to payment obligations for the current term.
- By Us: We may suspend or terminate your access for non-payment, violation of these Terms, or if required by law, with notice where feasible.
- Effect: Upon termination, your right to use the Services ends, but accrued obligations (e.g., fees owed) remain.
7. Disclaimers
- As-Is: The Site and Services are provided "as is" and "as available" without warranties, express or implied, including fitness for a particular purpose or uninterrupted use.
- Performance: We do not guarantee the Services will be error-free or meet all your needs, though we strive for excellence.
8. Limitation of Liability
To the fullest extent permitted by law:
- TrainOn's total liability for any claims arising from these Terms or the Services is limited to the fees you paid us in the 12 months preceding the claim.
- We are not liable for indirect, consequential, or punitive damages (e.g., lost profits, data loss), even if advised of the possibility.
9. Indemnification
You agree to indemnify and hold TrainOn, its affiliates, and employees harmless from claims, losses, or damages arising from your use of the Services, User Content, or breach of these Terms.
10. Governing Law and Dispute Resolution
- Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
- Disputes: Any disputes shall be resolved through binding arbitration in Phoenix, Arizona, under the American Arbitration Association's rules, except for injunctive relief, which may be sought in court.
11. Changes to Terms
We may update these Terms periodically. Changes will be posted on this page with an updated "Last Updated" date. Significant changes will be notified via email or Site notice. Continued use after changes constitutes acceptance.
12. Miscellaneous
- Entire Agreement: These Terms, along with our Privacy Policy and any order forms, constitute the full agreement between you and TrainOn.
- Severability: If any provision is invalid, the remaining Terms remain enforceable.
- No Waiver: Our failure to enforce any right does not waive it.
13. Contact Us
For questions about these Terms, contact:
TrainOn Inc.
2130 W Chandler Blvd, Chandler, AZ 85224
Email:
support@trainon.io