Terms of Usage | Trainary

Effective Date: March 14, 2026

Last Updated: March 14, 2026

1. Agreement to Terms

By downloading, installing, accessing, or using the Trainary mobile application ("App"), website at trainary.fit ("Website"), and any related services (collectively, the "Services"), you agree to be bound by these Terms of Usage ("Terms"). These Terms constitute a legally binding agreement between you and Trainary Inc. ("Trainary," "we," "us," or "our").

If you do not agree to these Terms, you must immediately stop using the Services and delete the App from your device.

These Terms are supplemented by our Privacy Policy, which is incorporated by reference.

2. Eligibility

You must be at least 13 years old (or 16 in the European Economic Area) to use the Services. By using the Services, you represent and warrant that you meet this age requirement. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

3. Medical Disclaimer and Assumption of Risk

TRAINARY IS NOT A MEDICAL PROVIDER, LICENSED PHYSICIAN, DIETITIAN, OR PERSONAL TRAINER.

The content, workout plans, AI-generated reports, exercise suggestions, body measurements, progression data, and any other information provided through the Services are for informational and educational purposes only. They are not intended to be, and should not be construed as, a substitute for professional medical advice, diagnosis, treatment, or professional fitness instruction.

Consult a Physician: Always consult with a qualified physician or healthcare provider before starting, modifying, or intensifying any fitness program, especially if you have any pre-existing medical conditions, injuries, or health concerns.
Stop if Injured: If you experience faintness, dizziness, pain, shortness of breath, nausea, or any other adverse symptoms during exercise, stop immediately and seek medical attention.
Your Responsibility: You expressly acknowledge and agree that any physical activity carries inherent risks of injury, disability, or death, and that you voluntarily assume all such risks. Your use of workout programs, exercise data, and any information within the Services is solely at your own risk.
Not Medical Advice: AI-generated session reports, progression insights, and any automated analysis are generated by algorithms and should not be relied upon for medical, health, or diagnostic decisions.
Coach Responsibility: If you use the Services as a coach, you are solely responsible for the appropriateness and safety of the workout programs you create and assign to your clients. Trainary is a tool — it does not evaluate, validate, or endorse the safety or effectiveness of any workout program created by coaches.

4. License Grant and Restrictions

4.1 License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device that you own or control, solely for your personal or professional coaching use in connection with the Services.

4.2 Restrictions

You agree NOT to:

Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the App or any part of the Services.
Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code of the App.
Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
Use the Services to develop a competing product or service.
Use automated systems, bots, scrapers, or any non-human means to access or interact with the Services.
Circumvent, disable, or interfere with security features or access restrictions of the Services.
Use the Services for any illegal, fraudulent, or harmful purpose.
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
Upload, transmit, or distribute viruses, malware, or any other harmful code.
Harass, abuse, threaten, or intimidate any other user of the Services.
Use the Services to collect personal data about other users without their consent.
Resell or commercially exploit access to the Services without our prior written consent.

5. User Accounts

To access certain features of the Services, you must create an account using Apple Sign-In. You agree to:

Provide accurate, current, and complete information during registration.
Maintain the security of your account credentials and authentication methods.
Immediately notify us of any unauthorized access to or use of your account.
Accept full responsibility for all activities that occur under your account, whether or not authorized by you.

We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms.

6. User Content and Data

6.1 Your Content

You retain ownership of all content you create, upload, or submit through the Services, including workout programs, exercise definitions, notes, measurements, and other user-generated content ("User Content").

6.2 License to Us

By submitting User Content, you grant Trainary a worldwide, non-exclusive, royalty-free, transferable license to use, store, reproduce, and process your User Content solely for the purpose of providing, maintaining, and improving the Services. This license continues until you delete your content or account, except for content shared with other users (e.g., workout assignments to clients) which may persist in the recipient's account.

6.3 Your Representations

You represent and warrant that: (a) you own or have the necessary rights to your User Content; (b) your User Content does not infringe the intellectual property or privacy rights of any third party; and (c) your User Content does not violate any applicable law or regulation.

6.4 Coach-Created Content

If you are a coach, you acknowledge that workout programs and exercises you assign to clients may be viewed and used by those clients within the App. You are solely responsible for the content, accuracy, and safety of the programs you create and assign.

7. Coach-Client Relationship

The Services facilitate a digital connection between fitness coaches and their clients. Important clarifications:

Trainary is a platform and tool. We do not employ, endorse, certify, or verify the qualifications of any coach using the Services.
The coach-client relationship exists solely between the coach and client. Trainary is not a party to, and bears no responsibility for, any agreement, arrangement, or interaction between coaches and clients.
Coaches are independent users of the platform and are solely responsible for: (a) their professional qualifications and certifications; (b) the safety and appropriateness of workout programs they create; (c) compliance with applicable laws and regulations in their jurisdiction; (d) their own privacy obligations to their clients.
Clients should independently verify the qualifications and credentials of any coach they connect with through the Services.
Trainary does not guarantee results, outcomes, or the quality of any coaching services facilitated through the platform.

8. Subscriptions, Payments, and Auto-Renewal

Trainary may offer auto-renewing subscription plans to access premium features:

Payment: Payment will be charged to your Apple ID account at confirmation of purchase through the App Store.
Auto-Renewal: Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current billing period.
Renewal Charge: Your account will be charged for renewal within 24 hours prior to the end of the current billing period at the rate of the selected subscription plan.
Price Changes: Subscription prices may change. We will notify you in advance of any price increase and, where required, obtain your consent before applying the new price.
Management: You can manage your subscription and turn off auto-renewal in your Apple ID Account Settings at any time.
Free Trials: If a free trial is offered, any unused portion of the free trial period will be forfeited when you purchase a subscription. Free trials are limited to one per Apple ID.
Refunds: All payments are processed through the App Store. Refund requests must be submitted to Apple in accordance with Apple's refund policy. Trainary does not process refunds directly.

9. Intellectual Property

The Services — including but not limited to the App, Website, software, design, graphics, text, logos, icons, images, audio, video, data compilations, and all other content and materials (excluding User Content) — are the exclusive property of Trainary Inc. and its licensors, protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

The Trainary name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Trainary Inc. You may not use these marks without our prior written permission.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, Trainary disclaims all warranties, including but not limited to:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE.
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, DATA, OR INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING AI-GENERATED REPORTS AND INSIGHTS.
WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
WARRANTIES REGARDING THE SAFETY, EFFECTIVENESS, OR APPROPRIATENESS OF ANY WORKOUT PROGRAM CREATED BY ANY USER.

You acknowledge that you use the Services at your sole risk. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in full.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAINARY INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.
ANY PERSONAL INJURY OR BODILY HARM ARISING FROM YOUR USE OF THE SERVICES OR ANY WORKOUT PROGRAM ACCESSED THROUGH THE SERVICES.
ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS.
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING COACHES AND CLIENTS.
ANY ERRORS, INACCURACIES, OR OMISSIONS IN AI-GENERATED CONTENT, REPORTS, OR DATA EXTRACTION.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO TRAINARY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

The limitations in this section apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if Trainary has been advised of the possibility of such damages. Some jurisdictions do not allow limitations on certain damages, so some or all of these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Trainary Inc., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of or access to the Services.
Your violation of these Terms.
Your violation of any third-party rights, including intellectual property or privacy rights.
Your User Content.
Any workout program you create, assign, or follow through the Services.
Any injury, loss, or damage (including death) arising from physical activities performed in connection with workout programs accessed through the Services.
Your negligence or willful misconduct.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@trainary.fit and attempt to resolve the dispute informally for at least 30 days.

13.2 Binding Arbitration

If the dispute cannot be resolved informally, you and Trainary agree that any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND TRAINARY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

13.4 Exceptions

Notwithstanding the above, either party may: (a) bring an individual action in small claims court; or (b) seek injunctive or equitable relief in a court of competent jurisdiction to prevent infringement or misappropriation of intellectual property rights.

13.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to support@trainary.fit within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the courts specified in the Governing Law section.

14. Termination

By You: You may terminate your account at any time by deleting your account through the App's Profile settings or by contacting us. Termination does not entitle you to a refund of any subscription fees already paid.
By Us: We may suspend or terminate your account and access to the Services immediately, without prior notice or liability, if: (a) you breach these Terms; (b) we are required to do so by law; (c) we discontinue the Services; or (d) we determine, in our sole discretion, that your use poses a risk to the Services or other users.
Effect of Termination: Upon termination, your license to use the Services is immediately revoked. Sections that by their nature should survive termination will survive, including but not limited to: Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

15. Service Availability and Modifications

We do not guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors.
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you.
We may update the App from time to time. You may need to update the App to continue using the Services. We are not obligated to provide any updates or to maintain backward compatibility with older versions.

16. Third-Party Services and Links

The Services may integrate with or contain links to third-party services (e.g., Apple HealthKit, Firebase, AI providers). These third-party services are governed by their own terms and privacy policies. Trainary is not responsible for the content, functionality, or practices of any third-party services. Your use of third-party services is at your own risk.

17. Force Majeure

Trainary shall not be liable for any failure or delay in performing its obligations under these Terms caused by events beyond its reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government actions, power failures, internet or telecommunications failures, cyberattacks, or third-party service outages.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

19. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

Update the "Last Updated" date at the top of this page.
Notify you via email or in-App notification.
Where required by law, obtain your consent before the changes take effect.

Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.

20. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Trainary regarding the Services and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by Trainary.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights, except as expressly stated.
Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.
Export Compliance: You agree to comply with all applicable export and re-export control laws and regulations.
Government Use: If you are a U.S. government entity, the Services are provided as "commercial items" as defined in 48 C.F.R. 2.101.

21. Apple-Specific Terms

The following terms apply to your use of the App downloaded from the Apple App Store:

These Terms are between you and Trainary Inc., not Apple Inc. Trainary, not Apple, is solely responsible for the App and its content.
Apple has no obligation to provide any maintenance or support services for the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation with respect to the App.
Apple is not responsible for addressing any claims relating to the App, including product liability, consumer protection, or intellectual property infringement claims.
In the event of any third-party claim that the App infringes a third party's intellectual property rights, Trainary, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

22. Contact Us

If you have any questions about these Terms, please contact us at:

Trainary Inc.
Email: support@trainary.fit