Terms and Conditions Training Companion

Subscription Agreement for Personal Training & Nutrition Services

This Subscription Agreement (the “Agreement”) is entered into by and between EVERESTING CHALLENGE, SL, a company organized and existing under the laws of Spain, with its principal place of business at C/ Freixa 6, Barcelona (08021) and with VAT ESB70725288 (hereinafter referred to as “Company” or “We”), and the individual subscribing to the personal training services (hereinafter referred to as “Client” or “You”).

The Company has designed a personal trainer program, which operates with AI and with data of many particulars in order to create and adapt hyper-personal workouts and result-oriented exercise programs (hereinafter referred to as “Services”). The Services may be delivered through various means, including but not limited to online sessions, videos, phone calls, and messaging platforms such as, but not limited to, WhatsApp. For questions about the Terms or our Services, please contact us at [email protected].

By subscribing to any of these personal training services, You agree to the terms and conditions outlined in this Agreement. Please read these Terms carefully. By accessing or using our Services, you acknowledge that you accept and agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

Registration and Eligibility
1. Minimum Age: You must be at least 16 years old to use and access the App. Our Services are not directed at, or intended for, children under 16 years old, it being that Company Services are intended and provided for people from 16 years old. If you are aware of anyone under 16 using the Services, please contact us at [email protected], and we will take the required steps to delete such information and/or the account.

Registration: Provide accurate, complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else. You’re responsible for all activities occurring under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

Training and Nutrition Plans: By accepting these terms and conditions You are subscribing to a Personal Training and Nutrition plan, which will be created according to your goal and daily adapted as per your exercises work out, follow up of the plan, as well as your personal response to each plan. By submitting to the Services, You hereby accept that the data you provide to the Company will be shared and stored to our General Data and will be further used to improve others Services, as well as other Clients data will be shared, stored and used to improve your Services.
1. Subscription Terms
Duration: This Agreement is effective from the date of subscription and will continue on each particular subscription period basis, either monthly, weekly, yearly as per each subscription; unless terminated by either party in accordance with this Agreement.

Fees: By submitting to this Agreement, you agree to pay the subscription fee in the amount established per your subscription package, which will be charged automatically to the payment method provided by You. All payments are non-refundable except as provided under this Agreement.

Renewal: The subscription will automatically renew at the end of each subscription period unless the Client provides written notice of termination at least one (one) business day before the renewal date.

Important Disclaimers

When You use our Services, You, acknowledge and agree with the below disclaimers.

General disclaimer: Exercise and health are matters that vary from person to person. Our Services are not intended as a substitute for the medical advice and supervision of your pharmacist or medical Consultancy. Moreover, You, accept specifically the following:
- If you are over 35 or have been inactive for a few years, see your physician before beginning any exercise program. This is especially important if your family has a history of heart disease, high blood pressure, high cholesterol, diabetes, arthritis, obesity, cigarette smoking, or other health conditions. If you have any doubts whatsoever, consult your physician. Do not start any fitness program if your physician or health care provider advises against it.
- If you are pregnant, nursing, diabetic, on medication, have any specifical medical condition, or are beginning a weight control program, consult your physician before starting to exercise /train or making any dietary changes. Discontinue use if adverse events occur.
- If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising you should stop immediately.
Exercise disclaimer: The workouts provided via our Services are for training purposes only and are not to be interpreted as a medical recommendation for a specific treatment plan, product, or course of action. Exercise is not without its risks, and this or any other exercise program may result in injury. You hereby agree that our training plans are intended as a training program to achieve certain objectives, whether for a specific challenge or to participate in an event. The risks include but are not limited to:
risk of injury (most probably if provided data are not given correctly or workouts are not followed properly);
aggravation of a pre-existing condition;
adverse effect of over-exertion such as muscle strain, abnormal blood pressure, fainting, disorders of heartbeat, and very rare instances of heart attack.

To reduce the risk of injury, before beginning this or any exercise program, please consult a healthcare provider for appropriate exercise prescription and safety precautions.
The exercise instruction and advice presented are in no way intended as a substitute for medical consultation. We disclaim any liability from and in connection with this
program.

Information disclaimer: The information provided via our Services is for personal enrichment purposes only, and is not to be interpreted as a recommendation for a specific treatment plan, product, or course of action.

Information on the Services does not replace consultation with a qualified health or medical professional who sees you in person, for your health and your medical needs. Please see a physician or health professional immediately if you suspect you may be ill or injured.

You acknowledge your use of our Services and the content thereon is at your own risk, including any and all risks associated with your use of any workouts set out there.

You acknowledge that there are inherent risks of injury with any physical activity and you hereby release us and all of our employees, directors, officers and representatives and other parties involved in the creation, maintenance and distribution of the content on our Services from any and all liability arising as a result of your use of the Services or the content thereon, including, without limitations, any direct, special, incidental, indirect or consequential damages or other damages of any kind, including, but not limited to physical injury, illness, death, loss of profits, loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise.

Medical Disclaimer: In using our Services, you affirm that either your physician has approved your use of the Service or that ALL of the following statements are true:
- no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;you have never felt chest pain when engaging in physical activity;you have not experienced chest pain when not engaged in physical activity at any time within the past month;you have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion;you do not have a bone or joint problem that could be made worse by a change in your physical activity;your physician is not currently prescribing drugs for your blood pressure or heart condition;you do not have a history of high blood pressure or breathing issues, andyou do not know of any other reason you should not exercise. You are responsible for providing accurate information and disclosing any health or medical issues.
Responsibilities of the Client
In order to fulfill your goals, You agree to follow the scheduled training sessions and follow the workout plans, instructions, and guidance provided by the Company, always subject to the mentioned at clauses 1.3 and 3 above. Your training plan will be regularly updated.
You acknowledge that achieving desired results depends on your effort, consistency, and adherence to the program. The Company does not guarantee specific results.
You agree to immediately inform the Company of any health conditions, injuries, or other factors that may affect their ability to participate in the training sessions.
While using our Services you agree not to violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using our Services. Specifically, you shall not:
- resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services;
- engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- modify, reverse engineer, decompile or disassemble any part of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- copy, adapt, alter, modify, translate, or create derivative works of the Services without the written authorization of the Company;
- circumvent or disable any technological features or measures in the App for protection of intellectual property rights;
- attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- use or access the Services to compile data in a manner that is used or usable by a competitive product or service;
- use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates the Terms, or
- use data, content, or features from the App and the website to diagnose, treat, or mitigate any health conditions.
- Interact in the service heavily that forces us in extra costs, or making an improper use of the Services.
Our use of your content: By subscribing to this Agreement, You accept that We may use your conversations with AI Assistant (de-identified), to provide, maintain, develop, and improve our Services, comply with applicable law, enforce the Terms and other policies, and keep our Services safe, all of which also according to what has been stated at Clause 1.3. You also accept that by subscribing this Agreement, You accept that for proper provision of Services, some of them may be subcontracted to third parties and that therefore, some of the information that You provide to the Company by making us of our Services may be transferred to third parties for the sole purpose of providing the Services to which you have subscribed, it being essence of the Agreement and being fully known and accepted by You.

Use at your own risk: Our goal is to help make the information more readily available and useful to you. However, the Services cannot and do not guarantee health-related improvements or outcomes. Your use of the Services and any information, predictions, or suggestions provided in the Services are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Services and you agree and understand that the Services are not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.
Personal Data and Communication
Data Collection: You agree to provide personal information, including but not limited to name, contact information, health data, and fitness goals, which is necessary for the provision of the services.

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. The Privacy Policy constitutes an integral part of the Terms. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Terms shall govern.

Use of instant messaging Platforms such as Whatsapp: You agree to communicate and share personal data, such as workout progress, data and feedback, via any available messaging Platforms such as WhatsApp. The Client acknowledges and accepts that any messaging Platforms such as WhatsApp is a third-party messaging platform and that Company is not responsible for any data breaches or privacy issues arising from its use.

By subscribing to this Agreement, You specifically permit the access to use of the chosen messaging Platforms from the available at any time, such as WhatsApp and different applications and data contained in your smartphone or other item with connectivity and with access to personal data.

Privacy Policy: All personal data provided by You will be handled in accordance with our Privacy Policy, which is available on our website. By agreeing to this Agreement, You also agree to the terms of our Privacy Policy. Any communication regarding to Privacy Policy shall be sent to [email protected].
License
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use our Services for personal and non-commercial purposes in accordance with the Terms.
You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Services without prior express written permission from the Company which may be withheld for any or no reason.
We own all the rights, title, and interest in and to the Services (“Company’s Content”). If you wish to use our software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain a written permission from us. You shall send permission requests to [email protected].
Except as expressly and unambiguously provided in the Terms, we do not grant you any express or implied rights, and all rights in and to the Services and the Company’s
Content are retained by us.
Indemnification & Warranty Disclaimer
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the Terms.
The Company controls and operates the Services from various locations and makes no representation that the Services are appropriate or available for use in all locations.
The Services or certain features of it may not be available in your location or may vary across locations.
The Services are provided “as is”, “as available” and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
Neither the Company, nor any of its officers, directors, employees, agents, affiliates, representatives, suppliers, partners, advertisers or content providers warrants, and
each of them hereby expressly disclaims, that:
the Services will be secure or available at any particular time or location;
any defects or errors will be corrected;
any content or software available through the Services is free of viruses or other harmful components;
the results of using the Services will meet your requirements;
the accuracy, reliability, or completeness of the content, text, images, software, graphics, or communications provided by third parties on or through the Services. CONVERSATIONS WITH AI ASSISTANT. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL
INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Your use of the Services is solely at your own risk. Some states / countries do not allow limitations on implied warranties, so some or all of the above limitations may not
apply to you.
Limitation of Liability
In no event shall the Company, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of our Services.
In no event will the Company’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Services exceed the amounts you have paid to the Company for use of the Services or one hundred euros (€100) if you have not had any payment obligations to the Company, as applicable.
Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you. The Company, or any third parties mentioned on our
Services, are not liable for any personal injury, including death, caused by your use or misuse of the app.
Notwithstanding the foregoing, nothing in these Terms will (a) limit or exclude our liability for death or personal injury resulting from negligence; (b) limit or exclude our liability for fraud or fraudulent misrepresentation; (c) mit any of our liabilities in any way that is not permitted under applicable law; or (d) exclude any of our liabilities that may not be
excluded under applicable law.
Third-Party Services and Links
The Services may give you access to links to third-party websites, apps, or other products or services (“Third-Party Services”). We do not control Third-Party Services in any
manner and, accordingly, do not assume any liability associated with such Third-Party Services.
You need to take appropriate steps to determine whether accessing a Third-
Party Service is appropriate, and to protect your personal information and privacy in using any such Third-Party Services.
We use Third-Party system services for payments, analytics, and other business services. Other companies, such as Stripe collects and processes personal data, including identifying information about the devices that connect to its services. Payment companies such as Stripe uses this information to operate and improve the services it provides to us, including for fraud detection and prevention. You can learn more about any payment company and its processing activities at their relevant websites. We cannot respond for failure on system of those third companies.
Changes to the Services
We may modify the Terms from time to time. If the changes affect your rights, we will notify you in advance by email or through the Services, or by presenting you with a new version of the Terms for you to accept. Your continued use of the Services after the effective date of an updated version of the Terms will indicate your acceptance of the Terms as modified.
We reserve the right to introduce minor changes to the Terms that do not materially affect your rights (e.g. technical corrections or description of a new feature) without notice.
Changes to the Terms
We may make changes to the Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Effective Date” section above. We may also attempt to notify you by providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes.
If you do not agree to the amended Terms, you must stop accessing and using our Services.
Termination
Either party may terminate this Agreement by providing written notice to the other party.
The Client may cancel the subscription at any time, but no refunds will be given for the remaining period of the subscription term.
The Company reserves the right to immediate terminate this Agreement if the Client fails to comply with any of the terms of this Agreement, including failure to make payment. We are not responsible for any loss or harm related to your inability to access or use our Services.
Copyright Claims
If you believe any materials accessible through our Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting the Company at [email protected] providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorized version of
the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and e-mail address.
A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the
copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Miscellaneous
Entire Agreement:These Terms constitute the entire agreement between you and the Company relating to your access and use of our Services and supersedes all prior agreements, understandings, and representations.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Spain. Any disputes arising from this Agreement shall be resolved in the courts of Barcelona (Spain).
Severability: If any provision or part of a provision of the Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
No Waiver: The failure of our Company to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision.
Titles: The section titles in these Terms are for convenience only and have no legal or contractual effect.
Third-Party Rights: Except as otherwise provided herein, the Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
Amendments: The Company reserves the right to amend the terms of this Agreement. Any changes will be communicated to the Client in writing, via email or through and “acceptance botton” or system through Any Instant messaging platform such as Whatsapp, and continued use of the services constitutes acceptance of the amended terms.
Acceptance: By subscribing to our services, You acknowledge that You have read, understood, and agree to be bound by this Agreement.
Contact Details: If you have any questions or comments on any part of the Services or any part of the Terms, require support, or have any claims, please contact us at [email protected].