TrainOS

Terms of Service

Last updated: October 24, 2026

These Terms of Service (the "Terms") are a binding agreement between you and TrainOS LLC, a New York limited liability company ("TrainOS," "we," "us," or "our"). They govern your use of the TrainOS website, web application, mobile applications, APIs, and related services (together, the "Service").

The Terms have three parts:

  • Part A: General Terms apply to everyone who uses the Service.
  • Part B: Academy Terms also apply to gyms, academies, studios, and other fitness businesses that use the Service to run their business, and to the people who set up or administer their accounts.
  • Part C: Member Terms also apply to members, students, prospects, parents and guardians, and anyone else who uses the Service to interact with an Academy.

If the parts conflict, Part B or Part C (as applicable) controls over Part A for the subject it covers.

PLEASE READ SECTION A.18 (DISPUTE RESOLUTION) CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION A.18.7.

You accept these Terms by creating an account, by checking a box or clicking a button that refers to them, or by signing in to, booking, buying, signing, or submitting anything through the Service after being shown a notice that doing so means you agree to them. The current version of these Terms, as updated under Section A.20, applies each time you use the Service. You also agree to follow our Acceptable Use & Community Guidelines. Our Privacy Policy explains how we handle personal information. If you do not agree, do not use the Service.

Part A: General Terms (All Users)

A.1 Definitions

  • "Academy" means a gym, academy, studio, school, club, or other fitness or training business that uses the Service to manage its operations, including any organization that operates several locations.
  • "Academy Staff" (or "Staff") means owners, administrators, instructors, coaches, front-desk staff, and other people an Academy authorizes to use the Service on its behalf.
  • "Member" means a person who uses the Service to interact with an Academy, including members, students, trial participants, prospects, and people who book, buy, or sign something through an Academy's pages.
  • "Guardian" means a parent or legal guardian who uses the Service for, or consents on behalf of, a minor.
  • "User Content" means anything you submit to the Service, including posts, comments, messages, photos, videos, profile information, notes, forms, and signatures.
  • "Academy Data" means data an Academy or its Staff submits to or generates in the Service about the Academy's business, including member rosters, attendance, schedules, plans, prices, and records imported from other systems.
  • "Payment Processor" means a third-party payment provider used through the Service, such as Stripe, Square, etc.
  • "AI Features" means features of the Service that use machine learning or large language models to generate content, answer questions, summarize information, or take actions.

A.2 Eligibility; Minors

  1. You must be at least 18 years old (or the age of majority where you live) to create an account on your own, or have a Guardian's permission as described below.
  2. Under 13. Children under 13 may not create their own account or provide personal information to the Service. An Academy or Guardian may keep a record for a child under 13 (for example, for attendance or billing), but only the Guardian or Academy may use the Service for that child.
  3. Ages 13 to 17. Minors aged 13 to 17 may use the Service only with the permission of a Guardian. A Guardian who permits a minor to use the Service agrees to these Terms on the minor's behalf, including Section A.18 to the extent the law allows, and is responsible for the minor's use.
  4. Accurate age. You must give your accurate date of birth when the Service asks for it, and keep it accurate, so that you receive an age-appropriate experience. For example, profiles of users under 18 are kept private. Giving a false date of birth violates these Terms. If we learn that a child under 13 has created an account, we will delete it.
  5. You may not use the Service if you are barred from doing so under applicable law, or if we have previously terminated your account.

A.3 TrainOS Is a Software Provider

  1. TrainOS provides software tools. TrainOS does not own, operate, manage, or supervise any Academy, facility, class, event, or instructor, and does not provide fitness, training, medical, or instructional services.
  2. Each Academy is an independent business. The relationship between an Academy and its Members, including memberships, prices, class access, refunds, cancellations, waivers, and the quality and safety of instruction, is solely between the Academy and the Member. TrainOS is not a party to that relationship.
  3. TrainOS does not verify, endorse, or guarantee any Academy, instructor, rank or credential, class, product, or claim made by an Academy or Member. Ranks, belts, levels, certifications, and similar information shown in the Service are entered by Academies and users.

A.4 Physical Activity and Assumption of Risk

  1. Academies on the Service may offer physical activities, including martial arts, combat sports, strength and conditioning, group fitness, yoga, climbing, dance, and other athletic training. These activities carry inherent risks, including serious injury, permanent disability, and death.
  2. You understand that TrainOS does not control and is not responsible for any activity, facility, equipment, instruction, supervision, or other participant. You voluntarily assume all risks of participating in any activity you book, join, or learn about through the Service.
  3. You are responsible for consulting a physician before beginning any exercise program and for deciding whether an activity is appropriate for you. Content in the Service, including training content, videos, and AI Features, is general information only and is not medical, health, or professional advice.
  4. To the fullest extent permitted by law, you release TrainOS and its members, managers, employees, and contractors from all claims for injury, illness, death, or property damage arising from any physical activity, facility, class, or event offered by an Academy, whether or not you booked, paid for, or signed a waiver for it through the Service, including claims based on TrainOS's own ordinary negligence. This release does not cover TrainOS's gross negligence or willful misconduct, or any claim the law does not allow to be released. If a Guardian gives this release for a minor, it applies to the extent the law allows.

A.5 Accounts and Security

  1. You must give accurate information and keep it current. Each account is for one person; do not share your login.
  2. You are responsible for activity under your account and for keeping your credentials secure. Tell us promptly at [email protected] if you believe your account has been compromised.
  3. An Academy may create a record for you before you have an account. Section C.4 explains what happens when you claim it.

A.6 User Content

  1. You own your User Content. You grant TrainOS a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, process, transmit, display, and adapt your User Content only as needed to operate, secure, and improve the Service and to provide it to you and the people you share it with. This license ends when your User Content is deleted from the Service, except for copies kept in backups for a limited time, copies others have already shared, content described in Section A.6.4, or copies we must keep by law.
  2. You represent that you have all rights needed to submit your User Content, and that it does not violate any law or anyone's rights, including privacy, publicity, and intellectual property rights. Do not post images or videos of other people without their permission, and never post images of minors without their Guardian's permission.
  3. You are solely responsible for your User Content. TrainOS does not pre-screen User Content, but we may review, remove, or restrict access to any User Content, and suspend accounts, at our discretion, including content that violates these Terms or our Acceptable Use & Community Guidelines.
  4. Content that stays with an Academy. Forms, waivers, signatures, and other information you submit to an Academy also become part of that Academy's records (Academy Data under Part B), and the Academy may keep them as Part B and the law allow. Posts and comments you make in an Academy's community may remain visible, without your name, after you leave the Academy or delete your account, unless you delete them first.
  5. Academies may also moderate content within their own community spaces, and may remove content or Members from those spaces.

We respect intellectual property rights and respond to notices under the Digital Millennium Copyright Act (DMCA). To report infringement, send us a notice containing the information required by 17 U.S.C. § 512(c)(3): your signature; identification of the copyrighted work; identification of the infringing material and where it appears; your contact information; a statement of good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act for the owner.

Copyright notices: TrainOS LLC, [email protected].

We may remove allegedly infringing material, notify the user who posted it, process counter-notices as the DMCA provides, and terminate repeat infringers.

A.8 Acceptable Use

You agree to follow our Acceptable Use & Community Guidelines. Among other things, you will not:

  • harass, threaten, bully, stalk, defame, or discriminate against anyone;
  • post sexual content, content that sexualizes minors, graphic violence, hate speech, or illegal content;
  • impersonate anyone or misrepresent your affiliation, rank, or credentials;
  • send spam or unsolicited commercial messages, or use the Service to message people without the consent the law requires;
  • upload malware, probe or attack the Service, bypass security or usage limits, or access accounts or data that are not yours;
  • scrape, crawl, or harvest data from the Service, or use it to build a competing product;
  • reverse engineer, decompile, or copy the Service, except where the law expressly allows it; or
  • use the Service for anything unlawful, fraudulent, or deceptive, including processing payments for goods or services you are not permitted to sell.

A.9 AI Features

  1. AI Features may produce output that is inaccurate, incomplete, offensive, or out of date. Output is not professional, medical, legal, financial, or tax advice. You are responsible for reviewing output before you rely on it, share it, or act on it.
  2. Some AI Features can take actions in the Service at your direction, such as drafting or sending communications, changing schedules, or updating records. You are responsible for actions you request or approve. Review proposed actions before confirming them.
  3. To provide AI Features, we send your inputs, and information needed to respond to them, to third-party AI providers that process it on our behalf. This may include personal information about Members that Staff ask an AI Feature to work with. We use AI providers under business terms that do not allow them to use this data to train their general-purpose models.
  4. Do not submit to AI Features information you are not permitted to share, such as other people's sensitive health information, unless you have the right and any required consent to do so.

A.10 Communications

  1. Service messages. By creating an account, you agree that we and the Academies you belong to may send you transactional and account messages by email, in-app notification, and push notification, such as receipts, booking confirmations, security alerts, and changes to these Terms. These messages are part of the Service.
  2. Marketing and Academy announcements. You can unsubscribe from marketing and non-essential emails using the link in each message or your email preferences, and turn off push notifications in your device or app settings.
  3. Text messages. Text messages are optional and separate from accepting these Terms. If you give a mobile number and expressly agree to receive text messages from TrainOS or from a specific Academy, you consent to receive recurring automated text messages from that sender at that number. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. You can opt out at any time by replying STOP or by telling the sender in any other reasonable way; reply HELP for help. Carriers are not liable for delayed or undelivered messages. You confirm that you are the subscriber or customary user of the number you provide, and you will tell us if the number changes.
  4. Consent to electronic records. You agree to receive agreements, notices, disclosures, receipts, and other records from TrainOS electronically, and that they satisfy any legal requirement that they be in writing. This consent covers all records relating to your account and the Service. To access and keep them, you need a device with internet access, a current web browser or our app, and a valid email address. You may request a paper copy of any record, or withdraw this consent, by contacting us at [email protected]; if you withdraw, you may no longer be able to use the Service. Keep your email address current in your account settings. Section C.3 covers documents you sign with an Academy.

A.11 Third-Party Services and App Stores

  1. The Service works with third-party services, including Payment Processors, app stores, video hosting, email delivery, analytics, and AI providers. Your use of a third-party service is governed by its own terms and privacy policy. TrainOS is not responsible for third-party services, including their availability, security, errors, fees, or decisions such as holding funds or declining a payment.
  2. Apple App Store. If you download our app from the Apple App Store: (a) these Terms are between you and TrainOS only, not Apple, and TrainOS, not Apple, is solely responsible for the app; (b) your license to use the app is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions; (c) Apple has no obligation to provide maintenance or support for the app; (d) if the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any, and Apple has no other warranty obligation; (e) Apple is not responsible for addressing any claims relating to the app, including product liability, legal or regulatory compliance, or consumer protection claims; (f) Apple is not responsible for any third-party claim that the app infringes intellectual property rights; (g) questions, complaints, and claims about the app should be sent to TrainOS using the contact details at the end of these Terms; (h) you represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties; (i) you must comply with any third-party terms that apply when you use the app, such as your wireless data service agreement; and (j) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
  3. Google Play. If you download our app from Google Play, you also agree to the Google Play Terms of Service, and Google is not responsible for the app.

A.12 TrainOS Intellectual Property

  1. TrainOS and its licensors own the Service, including its software, design, text, graphics, logos, and the TrainOS name and marks. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose.
  2. Feedback. If you send us ideas, suggestions, or feedback, we may use them without restriction or compensation to you.
  3. All rights not expressly granted in these Terms are reserved.

A.13 Privacy and Security

  1. Our Privacy Policy explains how we collect, use, and share personal information. It describes our practices and is not part of these Terms. Part B describes how we handle Academy Data on an Academy's behalf.
  2. We use reasonable administrative, technical, and physical safeguards designed to protect information in the Service. No system is perfectly secure, and we cannot guarantee that information will never be accessed, disclosed, altered, or lost. If we learn of a security breach affecting your personal information, we will notify you as required by law.

A.14 Changes to the Service; Beta Features

  1. We may add, change, suspend, or remove features of the Service at any time. If we remove a feature that is material to an Academy's paid use, we will try to give reasonable advance notice.
  2. Features labeled beta, preview, early access, or similar are provided for evaluation, may be changed or discontinued, and are provided without any warranty or commitment.

A.15 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT, AI OUTPUT, AND FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. TRAINOS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME; THAT DATA WILL NOT BE LOST; THAT ANY WAIVER, FORM, OR AGREEMENT CREATED OR SIGNED THROUGH THE SERVICE WILL BE ENFORCEABLE; OR THAT THE SERVICE WILL MEET ANY LEGAL, REGULATORY, OR TAX REQUIREMENT THAT APPLIES TO YOU. TRAINOS MAKES NO WARRANTY ABOUT ANY ACADEMY, INSTRUCTOR, MEMBER, ACTIVITY, PRODUCT, OR THIRD-PARTY SERVICE.

A.16 Limitation of Liability

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, TRAINOS AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. TO THE FULLEST EXTENT PERMITTED BY LAW, TRAINOS'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO TRAINOS FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS ($100). For an Academy, "amounts paid to TrainOS" means subscription fees and the platform fees TrainOS actually retained from the Academy's transactions, not the gross amount of payments processed or amounts retained by a Payment Processor.
  3. These limits apply to every theory of liability, including contract, tort (including negligence), strict liability, and statute, and even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as liability for gross negligence, willful misconduct, or fraud where applicable law does not permit a limit.

A.17 Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless TrainOS and its members, managers, employees, contractors, and agents from any third-party claim, and any resulting loss, liability, damage, fine, penalty, or expense (including reasonable attorneys' fees), arising out of or relating to: (a) your User Content; (b) your breach of these Terms or violation of any law; (c) your violation of anyone's rights; or (d) your gross negligence or willful misconduct. Academies have additional obligations in Section B.13. We may assume control of the defense of any matter at our own expense, and you will cooperate with us.

A.18 Dispute Resolution

A.18.1 Informal resolution first. Before filing a claim, you and TrainOS agree to try to resolve the dispute informally. The party raising the dispute must send a written notice describing it and the relief sought (to us at [email protected]; to you at the email on your account). Both parties will negotiate in good faith for at least 60 days, including a phone or video call if either party requests one, before starting arbitration or a small-claims case. Statutes of limitations are paused during this period.

A.18.2 Agreement to arbitrate. Except as provided below, any dispute, claim, or controversy between you and TrainOS arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, not in court. The arbitrator decides questions about the scope, enforceability, and arbitrability of this agreement, except that a court decides disputes about Sections A.18.5 (class waiver), A.18.6 (mass arbitration), and A.18.7 (opt-out). If you accept these Terms for a minor, this Section A.18 applies to claims by or on behalf of the minor to the extent the law allows. This agreement is governed by the Federal Arbitration Act.

A.18.3 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies and stays there; and (b) seek an injunction or other equitable relief in court to stop infringement or misuse of intellectual property or unauthorized access to the Service. Where the law does not allow a claim for public injunctive relief to be waived or arbitrated, that claim will be decided by a court after the individual claims are arbitrated, and will be paused until then.

A.18.4 Rules and costs. The arbitration will be administered by the American Arbitration Association (AAA). Claims by or against Members and other individuals under Part C are governed by the AAA Consumer Arbitration Rules, and claims by or against Academies under Part B by the AAA Commercial Arbitration Rules, in each case as modified by these Terms. Filing, administrative, and arbitrator fees are paid as the AAA rules provide. If you are an individual and show that the costs of arbitration would be prohibitive compared with going to court, TrainOS will pay as much of them as the arbitrator finds necessary to prevent that. The arbitration may be conducted by video, by phone, or on written submissions; any in-person hearing will be held in the county where you live or another place we agree on. The arbitrator may award any individual relief a court could award, and the award may be entered in any court with jurisdiction.

A.18.5 Class action and jury trial waiver. YOU AND TRAINOS EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Claims may be brought only on an individual basis, and the arbitrator may not consolidate claims of more than one person or award relief to anyone other than the individual party. If this waiver is found unenforceable for any claim, that claim must be severed and decided in court, and the rest will remain in arbitration.

A.18.6 Mass arbitration. If 25 or more similar demands for arbitration are filed against TrainOS by the same or coordinated counsel, the AAA Mass Arbitration Supplementary Rules will apply. A court decides any dispute about whether this subsection applies. Statutes of limitations are paused for each demand while it awaits administration.

A.18.7 30-day right to opt out. You may opt out of this arbitration agreement within 30 days after you first accept a version of these Terms that includes this Section A.18, by emailing [email protected] with your name, the email on your account, and a clear statement that you opt out of arbitration. Your opt-out applies to all later versions of these Terms. Opting out does not affect any other part of these Terms.

A.18.8 Changes. If we change this Section A.18 in a material way, you may reject the change by notifying us within 30 days of it taking effect, and the version you previously accepted will continue to apply.

A.18.9 Governing law and venue. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs Section A.18. Any claim not subject to arbitration will be brought exclusively in the state or federal courts located in New York County, New York, except that a small-claims case may be brought in the county where you live. You and TrainOS consent to the personal jurisdiction of those courts.

A.18.10 Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

A.19 Suspension and Termination

  1. You may stop using the Service and delete your account at any time in your account settings or by contacting us. Academies must also follow Section B.12.
  2. We may suspend or terminate your access to all or part of the Service at any time if we reasonably believe you have violated these Terms, created risk or possible legal exposure for TrainOS or others, engaged in fraud, or if required by law or a Payment Processor. Where practical and lawful, we will give notice and a chance to fix the problem.
  3. Any provision that by its nature should survive termination will survive, including: A.3, A.4, A.6 (for content that remains in the Service and your promises about it), A.9.1, A.9.2, A.11.2, A.12, and A.15 through A.21; Part B Sections B.2 (for amounts owed), B.3, B.4, B.10, B.12, B.13, and B.14; and Part C for obligations that arose before termination.

A.20 Changes to These Terms

We may update these Terms from time to time. For material changes, we will notify you at least 30 days before they take effect, by email, in-app notice, or a prominent notice on our website, unless a change is required sooner by law or to address security or fraud. Changes will not apply retroactively. Continuing to use the Service after a change takes effect means you accept it. If you do not agree, you must stop using the Service and may delete your account. Section A.18.8 explains how to reject a change to Section A.18.

A.21 General Provisions

  • Entire agreement. These Terms, the Acceptable Use & Community Guidelines, and any order form or written agreement signed by TrainOS and an Academy are the entire agreement between you and TrainOS about the Service. A signed agreement controls over these Terms where they conflict. Our Privacy Policy is not part of this agreement.
  • Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate.
  • Severability and waiver. If any provision is found unenforceable, it will be enforced to the maximum extent possible and the rest will remain in effect. Our failure to enforce a provision is not a waiver.
  • Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages of hosting, internet, or Payment Processor services, natural disasters, epidemics, war, terrorism, labor disputes, or government action. This does not excuse an obligation to pay amounts owed.
  • Independent parties. No partnership, joint venture, employment, agency, or fiduciary relationship is created by these Terms.
  • No third-party beneficiaries. No one other than you and TrainOS has rights under these Terms, except Apple as described in Section A.11.2, and TrainOS's members, managers, employees, contractors, and agents under the releases, limits, and indemnities that protect them.
  • Export and sanctions. You will comply with U.S. export control and sanctions laws and will not use the Service from, or on behalf of anyone in, an embargoed country or on a restricted-party list.
  • Notices. We may send notices to the email associated with your account. Legal notices to TrainOS must be sent to [email protected].
  • Headings. Headings are for convenience only. "Including" means "including without limitation."

California users. Under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Part B: Academy Terms

Part B applies when you use the Service to operate an Academy. In Part B, "you" means the Academy.

B.1 Accounts and Authority

  1. If you accept these Terms on behalf of an Academy, you personally represent that you have authority to bind it, and the Academy is bound by these Terms. The Academy uses the Service for business purposes, not personal, family, or household purposes.
  2. The Academy is responsible for all activity by its Staff, for assigning roles and permissions correctly, and for removing access promptly when someone leaves. If you operate several locations through an organization, the organization and each location are jointly and severally responsible for obligations under these Terms, and whoever accepts for the organization represents that they have authority to bind each location.

B.2 Fees

  1. Platform fees. TrainOS charges fees on transactions processed through the Service ("Platform Fees"), as shown in the Service, during onboarding, or in a fee schedule we provide (the "Fee Schedule"). Depending on your Payment Processor and plan, Platform Fees may be:
    1. collected as a separate fee deducted from each transaction through your Payment Processor; or
    2. included in a single, blended payment processing rate shown to you, which covers the Payment Processor's charges, card network and interchange costs, and TrainOS's compensation. In that case TrainOS's portion is not itemized separately, and TrainOS may earn the difference between the blended rate you pay and the underlying costs.
  2. Authorization to deduct. You authorize TrainOS and your Payment Processor to deduct Platform Fees and blended processing fees from your transactions or payouts, or to charge your payment method on file if they cannot be deducted.
  3. Refunds of fees. Except as the Fee Schedule states or the law requires, Platform Fees and processing fees are not returned when you refund a payment, when a payment is disputed or charged back, or when you cancel. If TrainOS or a Payment Processor returns all or part of a fee in some cases, that does not oblige us to do so in other cases.
  4. Subscriptions. TrainOS does not currently charge a recurring subscription fee. If we introduce subscription plans or other new fees, they will not apply to you unless you choose a paid plan or we give you at least 30 days' notice and you continue to use the affected features after that.
  5. Fee changes. We may change Platform Fees or processing rates by giving at least 30 days' notice. Changes apply to transactions after the effective date.
  6. Taxes. Fees do not include taxes. You are responsible for all taxes on your own sales to Members, including collecting and remitting sales tax, and for any taxes on fees you pay us, except taxes on TrainOS's income.

B.3 Payment Processing

  1. You are the merchant of record. You are the seller of all memberships, classes, products, and services you sell through the Service, and you are responsible for those transactions. TrainOS is not the seller and is not a party to transactions between you and your Members or customers.
  2. Payment Processor terms. To accept payments you must complete your Payment Processor's onboarding and identity verification and accept its terms, such as the Stripe Connected Account Agreement, Square's terms, or Finix's merchant terms, as applicable. Those terms are between you and the Payment Processor.
  3. TrainOS does not hold funds. TrainOS is not a bank, money transmitter, or payment processor. Payment Processors, not TrainOS, receive, hold, and settle funds to you. Payment Processors may delay, hold, reverse, or freeze funds, or close your account, under their own terms, and TrainOS is not responsible for those decisions.
  4. Authorization. You authorize TrainOS to share information with your Payment Processor and to create charges, subscriptions, refunds, and other transactions on your behalf as you configure the Service or as your Staff direct.
  5. Your settings. You are responsible for the accuracy of your prices, plans, coupons, taxes, billing schedules, and other payment settings. TrainOS is not responsible for amounts charged or not charged because of settings you or your Staff choose.
  6. Card data. Card data is collected and stored by the Payment Processor. Do not collect, store, or transmit card numbers outside the payment forms provided in the Service. You will comply with card network rules that apply to you. Card-reader hardware is governed by your Payment Processor's or hardware provider's terms.
  7. Cardholder authorization. When you charge a payment method, including by keying in card details, using a card reader or tap-to-pay, or charging someone who is not a Member, you will do so only with the cardholder's authorization, keep evidence of that authorization, and provide receipts as the law and card network rules require.

B.4 Refunds, Chargebacks, and Losses

  1. You are solely responsible for refunds, cancellations, disputes, and chargebacks for your transactions, and for your refund policy.
  2. You are responsible for all chargeback amounts, dispute fees, card network fines and assessments, negative balances, and other losses arising from your transactions. If a Payment Processor or card network charges TrainOS for any of them, you will reimburse TrainOS, and you authorize TrainOS to recover the amount from your future transactions or payment method on file.

B.5 Your Responsibilities to Your Members

You are solely responsible for your relationship with your Members and customers, including:

  1. the terms of your memberships, contracts, trials, packages, and purchases, and clearly disclosing prices, recurring charges, commitments, and cancellation terms before a Member buys;
  2. complying with consumer protection laws, including automatic renewal laws (such as New York General Business Law § 527-a and California Business and Professions Code § 17600 and following), health club and gym contract laws (such as New York General Business Law Article 30), and laws governing gift cards, refunds, cancellation, and price disclosures;
  3. honoring cancellations, pauses, and refunds in line with your policies and the law, whether a Member asks through the Service or otherwise; and
  4. answering Member questions and complaints about your services and charges. If a Member contacts TrainOS about your services or charges, we may refer them to you.

TrainOS's tools for plans, checkout, trials, cancellation, pausing, and similar flows, and the default wording they show, are generic and provided for convenience. You must review them, configure them, and add any disclosures your memberships and the law require.

B.6 Waivers, Forms, and Electronic Signatures

  1. The Service lets you present documents to Members and collect electronic signatures. You are solely responsible for the content, legal sufficiency, and enforceability of your waivers, releases, agreements, and forms, and for obtaining signatures from the right person, including a Guardian for a minor. Some jurisdictions limit or void liability waivers for gyms and recreational facilities (for example, New York General Obligations Law § 5-326).
  2. Any template, sample, or suggested wording TrainOS provides, including waiver text generated or edited by AI Features, is a draft only, is not legal advice, and may not be enforceable where you operate. Have a licensed attorney review any waiver or agreement before you use it.
  3. TrainOS stores signed documents and signature records until your Academy is deleted (see Section B.12), and deleting your Academy permanently deletes them. You are responsible for exporting and keeping copies for as long as you need them, including for claims involving minors, which may be brought years later.

B.7 Minors

If you add or serve minors through the Service, you are responsible for obtaining verifiable consent from a Guardian where required (including under the Children's Online Privacy Protection Act for children under 13), for supervising minors, for any background checks or child-safety policies your activities require, and for ensuring Staff interact with minors appropriately.

B.8 Safety, Facilities, and Insurance

You are solely responsible for your facilities, equipment, classes, events, instructors, and supervision, for your instructors' qualifications, and for complying with health, safety, employment, licensing, and accessibility laws. You will maintain general liability insurance, and other insurance customary for your type of business, in amounts reasonable for your activities.

B.9 Communications Compliance

You are the sender of emails, push notifications, and text messages you send to Members, prospects, and other contacts through the Service, including automated messages you set up. You will:

  1. comply with all laws that apply to those messages, including the CAN-SPAM Act, the Telephone Consumer Protection Act, state telemarketing and messaging laws, and carrier requirements (such as 10DLC registration) for text messaging;
  2. obtain and keep records of any consent the law requires, and not upload or message purchased, rented, or scraped contact lists;
  3. honor opt-out requests promptly. TrainOS may suppress messages to recipients who have opted out, bounced, or complained, and may suspend messaging features that create legal or deliverability risk; and
  4. give TrainOS a valid physical postal address to include in commercial email you send through the Service, and keep it current.

B.10 Academy Data

  1. You own your Academy Data. You grant TrainOS a non-exclusive license to host, copy, process, transmit, and display Academy Data to provide, secure, support, and improve the Service, to comply with law, and as you otherwise direct.
  2. TrainOS's role. For personal information about your Members contained in Academy Data, TrainOS acts as your service provider and processes it on your behalf and according to your instructions, which include your configuration and use of the Service. Where privacy laws such as the California Consumer Privacy Act apply, TrainOS will process that information only for the business purposes described in these Terms, will not sell or share it (as those laws define those terms), and will meet the obligations those laws place on service providers. You are responsible for giving any notices and obtaining any consents the law requires for that processing. A Data Processing Addendum is available on request.
  3. Our commitments. TrainOS will not sell Academy Data, will not use your Member list to market another academy to your Members or solicit them away from you, and will not share Academy Data with third parties except to provide the Service (including to Payment Processors and other service providers), at your direction, as required by law, or as part of a merger, acquisition, or sale of assets in which the recipient is bound by these commitments.
  4. Aggregated data. TrainOS may create and use aggregated or de-identified data derived from use of the Service, such as benchmarks and usage statistics, provided it does not identify you, your Members, or any individual.
  5. Members' own data. Each Member owns their user-level information, such as their profile, rank and promotion history, and achievements, and may keep it if they leave your Academy. You keep your business records about the Member, such as attendance, payments, and notes, subject to Section B.12 and the law.
  6. Imported data and migrated billing. When you import data from another provider or file, you represent that you have the right to export and import it, including any consent the law requires, and that doing so does not violate your agreement with your prior provider. If you move Members' recurring billing to the Service, you represent that each of those Members authorized ongoing charges to that payment method, that the authorization covers billing through the Service, and that you have given any notice the law or card network rules require. TrainOS is not responsible for the accuracy or completeness of imported data.

B.11 Staff, Integrations, AI, and Academy Content

  1. Actions in your account. Actions taken by your Staff, by integrations you connect, and by AI Features that your Staff direct or approve are your actions. You are responsible for reviewing AI-proposed changes, communications, and charges before approving them.
  2. Integrations. If you connect a third-party service (such as a Payment Processor, point-of-sale system, or other software), you authorize TrainOS to exchange data with it as needed for the integration.
  3. Academy content. You own the logos, photos, videos, curriculum, and other content you upload. You represent that you have the rights to it, including music and the consent of people who appear in it, and grant TrainOS the license described in Section A.6.1 for that content, plus the right to display your name and logo in the Service and on your public Academy pages.
  4. Websites and public pages. TrainOS may host public pages and websites for your Academy, such as schedule, signup, store, trial, form, and waiver pages, including on a domain you control. You are responsible for their content and for your domain registration. TrainOS may remove content from them that violates these Terms, and will take them down when your Academy is deleted.

B.12 Term, Cancellation, Data Export, and Deletion

  1. These Terms apply to your Academy from when you accept them until your Academy is deleted.
  2. Export before you delete. You may delete your Academy at any time in the Service or by contacting us. You must export any Academy Data you want to keep before you start deletion. Once deletion begins, your Academy Data, including member records, signed waivers and signature images, videos, and images, will be permanently lost and cannot be recovered. TrainOS has no obligation to keep, restore, or provide copies of deleted data.
  3. Deletion timing. TrainOS will complete deletion of your Academy Data within 30 days after you delete your Academy, and some or all of it may be deleted immediately. This does not apply to: (a) copies in backups, which are overwritten on a rolling schedule; (b) records we must keep by law or for tax, accounting, fraud prevention, or dispute purposes, such as payment and subscription records; and (c) Members' user-level information described in Section B.10.5.
  4. Members and recurring charges. Before deleting, you are responsible for notifying your Members and handling active memberships. If you choose not to cancel recurring charges when deleting your Academy, they may continue through your Payment Processor and remain your responsibility.
  5. Last owner. If the last owner of an Academy deletes their personal account, ownership may pass to an active administrator. If there is none, the Academy is deleted as described in this Section B.12.
  6. Closure by TrainOS. If we close your Academy account for a reason other than illegal activity or a legal requirement, we will give you a reasonable opportunity to export your Academy Data first, where practical.
  7. Fees and other amounts owed before deletion remain payable.

B.13 Academy Indemnification

In addition to Section A.17, you will defend, indemnify, and hold harmless TrainOS and its members, managers, employees, contractors, and agents from any third-party claim, and any resulting loss, liability, damage, fine, penalty, or expense (including reasonable attorneys' fees), arising out of or relating to:

  1. your services, classes, events, facilities, equipment, instruction, or Staff, including any injury, illness, death, or property damage suffered by a Member, participant, or visitor;
  2. your memberships, prices, billing, refunds, cancellations, and contracts, and any dispute with a Member or customer;
  3. your waivers, forms, and agreements;
  4. messages you send through the Service;
  5. your Academy Data and content, including imported data;
  6. actions taken in your account by your Staff, by integrations you connect, or by AI Features used in your account; and
  7. your violation of any law, including consumer protection, automatic renewal, privacy, child-protection, employment, and tax laws, or of your Payment Processor's terms.

This Section B.13 does not apply to the extent a claim is caused by TrainOS's breach of these Terms, gross negligence, or willful misconduct.

B.14 Confidentiality

  1. Each party will protect the other's non-public business information it receives in connection with the Service ("Confidential Information") with at least reasonable care, and use it only to perform under these Terms. TrainOS treats your non-public business information, such as revenue, Member lists, and pricing, as Confidential Information.
  2. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known to it, is received from a third party without a duty of confidentiality, or is independently developed. A party may disclose Confidential Information if required by law, after giving notice where legally permitted.

Part C: Member Terms

Part C applies when you use the Service as a Member or Guardian. In Part C, "you" means the Member or Guardian.

C.1 Your Agreement Is With Your Academy

  1. When you join, book, buy, or sign up with an Academy through the Service, your contract for memberships, classes, products, and services is with that Academy, not with TrainOS. The Academy sets its own prices, schedules, policies, refund and cancellation terms, and rules.
  2. Questions about charges, refunds, cancellations, freezes, or the Academy's services should go to the Academy first. The Academy controls these decisions. TrainOS may help route your request but cannot override the Academy's policies.
  3. Each Academy is responsible for its classes, facilities, instructors, and other participants. See Section A.4 (Physical Activity and Assumption of Risk).

C.2 Payments

  1. Payments to an Academy are processed by a Payment Processor on the Academy's behalf, and the Academy is the merchant that charges you. Your statement may show the Academy's name, TrainOS, or the Payment Processor.
  2. Recurring charges. If you sign up for a recurring membership or payment plan, you authorize the Academy, through the Service and its Payment Processor, to charge your payment method on the schedule and for the amounts shown at sign-up, until you cancel under the Academy's terms. You can see your plan and payment history in the app.
  3. Saved payment methods. If you save a payment method, it is stored by the Payment Processor, not TrainOS, and you authorize the Academy to charge it for purchases you make and for amounts you owe under your agreement with the Academy.
  4. If you believe a charge is wrong, contacting the Academy is usually the fastest way to resolve it.

C.3 Waivers and Electronic Signatures

  1. You agree to use electronic records and signatures, and that signing a waiver, release, agreement, or form through the Service (by typing your name, drawing your signature, checking a box, or tapping to agree) has the same legal effect as a handwritten signature, under the federal E-SIGN Act and New York's Electronic Signatures and Records Act.
  2. Documents you sign are the Academy's documents, not TrainOS's. TrainOS is not a party to them and does not give legal advice about them. Read each document carefully before signing.
  3. You can view documents you have signed in the app, and may request a paper copy from the Academy. You may withdraw consent to electronic records by contacting the Academy, but the Academy may then require paper documents before you participate.
  4. Guardians. If you sign for a minor, you represent that you are the minor's parent or legal guardian and have authority to sign for them.

C.4 Claimed Profiles

An Academy may create a profile for you before you have an account, for example when importing its roster. If you claim that profile using a code or invitation, you confirm that it is yours, and the Academy's records about you, such as attendance, rank history, and memberships, will be linked to your account. Tell the Academy if anything is inaccurate. Do not claim a profile that is not yours.

C.5 Community and Your Profile

  1. Academy community feeds and member directories are visible to other Members and Staff of that Academy according to your privacy settings. If your date of birth shows you are under 18, your profile is kept private and cannot be made public.
  2. Follow Section A.6 (User Content), Section A.8 (Acceptable Use), and the Academy's own community rules. You can report content to the Academy and block other users in the app.

C.6 Leaving an Academy and Deleting Your Account

  1. Leaving an Academy. If you stop being a member of an Academy, or the Academy removes you, you keep your TrainOS account and your user-level information, such as your profile, rank and promotion history, and achievements. The Academy may keep its business records about you, such as attendance, payments, signed waivers, and notes, as its policies and the law allow. Ending a membership is governed by the Academy's cancellation terms.
  2. Deleting your account. You may delete your TrainOS account at any time in the app's settings. Deletion removes your profile and user-level information from the Service, subject to Section A.6.4 and the exceptions in our Privacy Policy, and cancels recurring payments billed through the Service. It does not delete records an Academy is entitled to keep, and does not end any commitment or amount you owe under your agreement with the Academy.

C.7 Academies With Several Locations

If your Academy is part of an organization that operates several locations, the organization's Staff may see your information across its locations, and the organization decides which locations your membership covers.

Contact Us

TrainOS LLC
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