Terms And Conditions

Valid from 30.10.2020

GENERAL

These terms and conditions apply to the mobile application (hereinafter "application") produced by Trainero Ltd (hereinafter "Trainero"), which is created for consumer customers. Use of the Services contained in the Application (the "Services") is subject to your acceptance of these Terms. Use of the service also requires that the Customer has a coach who has an agreement with Trainero For the purposes of these terms of use, a coach means both the coach himself and the fitness club as the company of which the Customer is a customer (hereinafter referred to as the "Coach"). Trainero provides an application and service as a platform for implementing the coaching relationship between the Client and the Coach. These terms of use apply to your use of the application and the services within it as far as the technical platform is concerned. These Terms And Conditions do not govern the contractual relationship between the Client and the Coach in any way. These terms are subject to Finnish law.

Trainero reserves the right to change these terms at any time. Changes take effect immediately and are prominently notified within the application, so that continued use of the application requires the approval of the changed terms. If the Customer does not accept the changes, he/she has the right to stop using the application free of charge.

Trainero is constantly developing the service and strives to ensure that the service is available continuously without undue disruption. Trainero has the right to change the content of the service without prior notice.

SERVICE USABILITY

The services are intended to be available at any time of the day, unless otherwise due to maintenance interruptions or other anticipated interruptions. However, Trainero does not guarantee that the service will always work without interruption. If necessary, Trainero may block access to the service or parts thereof, if there is a justified reason for this without prior notice.

USE OF THE SERVICE

The customer gets access to the service from their own Coach, who has a contract with Trainero. The coach produces content for the service on a customer-specific basis. Trainero takes no responsibility for the correctness, accuracy, safety, good manners, or legality of the content produced by the Coach.

If the Customer detects illegal or violations of good manners in the content, he/she is obliged to report it to Trainero's customer service.

INTELLECTUAL PROPERTY RIGHTS

All the content in the application, which is not self-produced by the customer, is fully owned by Trainero or a third party, and all intellectual property rights related belong to Trainero or a third party. These include e.g. videos, images, texts, interface, emails, logos, trademarks, licenses, and other graphics.

The materials that the Customer produces for the service belong to the Customer's intellectual property rights unless otherwise agreed. Trainero does not use the materials produced by the Customer for any purpose other than to provide service to the Customer and his/her Coach.

CUSTOMER'S RESPONSIBILITIES

The Customer is responsible that the username and password are only on their own for personal use and that they will not be passed on to a third party. If the Customer suspects that the username and password have been revealed to a third party, he/she must notify Trainero's customer service without delay.

The Customer commits to use the service in accordance with good manners. If the service is used in an unusual way, Trainero has the right to block access to the service.

TRAINERO'S RESPONSIBILITIES

Trainero commits to maintain the Service in accordance with this Agreement and that Trainero's operations comply with the law and regulations. Trainero is not liable for indirect damages caused to the Customer or others due to the non-functioning of the service, any other reason related to the service, or the coach's procedure. Immediate damages will be reimbursed by Trainero up to the amount of service charges invoiced during the problem situation.

In case of force majeure, Trainero will not be responsible.

PROCESSING OF PERSONAL DATA / PRIVACY POLICY

Trainero's services process the Customer's personal data, which includes name and e-mail address as mandatory information. Voluntary information is the telephone number, address, year of birth, height, weight, and health information in free-text form. This information can only be seen by the Client's Coach and other coaches connected to the Coach's account (other coaches of the company) and the Client him/herself.

Trainero stores this information on a server located in European Union in accordance with the practices of the General Data Protection Regulation (GDPR) of the European Union. The Client's Coach is a data controller in accordance with the General Data Protection Regulation, and Trainero is a processor of personal data. Trainero processes this personal information in order to provide to the Customer and to the Coach with content for the service, to store anonymous statistical and usage data for the development of the service, to identify the user on login, and to perform customer service tasks. Trainero does not use personal information for marketing purposes. Trainero will not transfer personal data to third countries without the Customer's consent.

Customer may, at any time, request his or her data removal from the service. Requests should be addressed to Trainero's customer support.

In addition to the coach, personal information will not be disclosed to third parties without the consent of the Customer.

If the service is not used for more than 12 months, Trainero will delete the health-related information saved into the customer account.

DATA PROTECTION AND DATA SECURITY

In terms of data protection, Trainero uses the best practices and protections in the industry in its service and strives to keep the service as secure as possible at all times. However, Trainero is not responsible for the Customer's information remaining in the service. Trainero does not accept liability for consequential damages arising if the data come into the hands of a third party.

When using the service, the Customer must be aware that the Internet is, at a general level, an environment where data theft is always possible, albeit unlikely. It is not just the Application but also e.g. Internet connections, terminal security breaches, outdated operating systems, viruses, etc. The customer should always consider what information, and in what form to provide to the Internet.

CANCELLING THE SERVICE

The customer has the right to cancel the service at any time. Cancellation takes place primarily by notifying the Coach, at which point he or she may disable the client account. The Customer can also notify Trainero's customer service of the cancellation. The cancellation shall take effect immediately or within a period specified by the Customer.

Trainero may terminate the service at any time if the Customer's actions violate these terms of use. Trainero will not reimburse the Customer for the costs related to the acquisition of the service.

COOKIE POLICY

Trainero uses cookies on the website to collect anonymous data about the use of the service in order to develop the service. In the application, this data is collected directly without cookie technology. Data is always anonymous, so data cannot be associated with an individual user.

SETTLEMENT OF DISPUTES

Disputes are primarily resolved by negotiations. If no settlement is reached, the dispute will be settled in the district court of Trainero's domicile. Finnish law shall prevail.