Acceptance of the Terms

The following Terms of Service (these “Terms”) are entered into by and between you and Comenta Corporation, doing business as Train100 (“Train100,” “Company,” “we,” “us,” or “our”). These Terms govern your access to and use of our website, www.train100.fit (the “Site”), along with any other products, services, or content offered by us (collectively and together with the Site, the “Services”).

By accessing, browsing, or using the Services, or by clicking to accept or agree to these Terms when this option is made available, you:

• Acknowledge that you have read and understood these Terms.
• Represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms.
• Accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference, whether or not you register as a free member (“Registrant”) or become a paid subscriber (“Member”).

If you do not agree to these Terms, you must not access or use the Services.

Privacy Policy

Your use of the Services is subject to our Privacy Policy, which outlines how we collect and use your information. The Privacy Policy can be accessed at www.train100.fit/privacy-policy.

Changes to the Terms of Service

We may revise and update these Terms from time to time at our sole discretion. Changes are effective immediately when posted and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of the changes. Please review these Terms periodically.

Access to Services & Account Registration

To access our Services, you may be required to register with the Site and create a user account (“Account”). If you create an Account, you are solely responsible for any activity that occurs through your Account. You agree that all information that you submit upon creation of your Account is accurate and truthful. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.

You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. You should not use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Free Trial Membership

Train100 offers a free trial period during which you can access our Services without the need to provide payment information. The free trial period begins when you register for the Services and continues for the duration specified during the registration process. At the conclusion of the free trial, your access to the Services will automatically expire unless you choose to subscribe to a paid plan.

Train100 does not require a credit card or any payment information to activate the free trial, ensuring a commitment-free experience. You are under no obligation to continue using the Services once your free trial ends, providing complete flexibility to decide whether Train100 is right for you.

If you wish to continue using the Services beyond the free trial, you must select a subscription plan and provide payment information before the trial period expires. Failure to subscribe prior to the trial’s conclusion will result in the deactivation of your account and loss of access to the Services.

Subscription Services and Payments

Train100 offers subscription-based access to its Services. You may start with a free trial, which does not require payment information. If you choose to continue using the Services after the free trial period, you must select a paid plan and provide payment information.

By subscribing, you authorize Train100 to charge the payment method you designate for the subscription fees according to the selected plan. You may cancel your subscription at any time by accessing your account settings or contacting team@train100.fit. Once you cancel, you will not be charged again.

It is your responsibility to provide accurate, complete, and updated information, including your name, email address, and payment details when subscribing. Failure to do so shall constitute a breach of these Terms.

Recurring Billing

Subscriptions automatically renew at the end of each billing cycle unless canceled before the next cycle begins. Billing occurs at the start of the subscription term and provides unlimited access for the duration of the selected plan.

If you cancel your subscription, you may continue to use the Services until the end of the current billing period. Your subscription will not renew after the current term expires.

By subscribing, you acknowledge and accept responsibility for all recurring charges incurred prior to cancellation. You may manage or cancel your subscription at any time through your account settings or by contacting team@train100.fit.

Refunds

Train100 may, at its sole discretion, provide refunds on a case by case basis. All services are accurately represented and explained within the Site. It is the sole responsibility of the Registrant or Member to read and understand what services are being offered prior to joining.

Changing Fees and Charges

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We may also at any time and from time to time, in our sole discretion, change or remove any of the pricing models in place.

Eligibility to Use the Services

Train100’s Services are available only to individuals who are at least 18 years old or the legal age of majority in their province, territory, or country, and who are capable of forming legally binding contracts. Individuals under 18 years old or the applicable age of majority (“Minors”) may use the Services only with the explicit consent and active support of a parent, legal guardian, or other qualified adult.

If you are a parent or guardian who allows a Minor to use the Services, you agree to be responsible for the Minor’s use of the Services and to be bound by these Terms. If you are a Minor and do not have the necessary consent, you must not access or use the Services.

Your use of the Services is subject to compliance with the laws of your jurisdiction and the United States. It is your responsibility to ensure that these Terms and your use of the Services comply with all applicable laws, rules, and regulations in your area. Train100 is not responsible for any consequences arising from your failure to comply with local laws.

Use of the Services; Restrictions on Use

Train100 may, at its sole discretion, develop and provide updates to the Services, modify the Services, restrict access to the Services (including for users and subscribers), or withdraw or terminate the Services entirely without prior notice. Any updates or changes to the Services will automatically become part of the Services and will be governed by these Terms. Train100 is not liable to you or any third party for any modification, suspension, or discontinuation of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

You may only use the Services as explicitly authorized and in compliance with all applicable policies and these Terms. Proprietary information or materials provided through the Services may only be used for their intended purpose and may not be reproduced, distributed, or modified in any form or by any means without express written permission from Train100.

Without limiting the foregoing, you may not do any of the following while accessing or using the Services:

• Use the Services for any revenue-generating activities, commercial enterprises, or purposes other than personal, non-commercial use without express written consent.
• Express or imply that any statements you make are endorsed by Train100 without prior approval.
• Scrape, harvest, or use any automated or manual means to extract content from the Services without express written consent.
• Modify, reverse engineer, decompile, disassemble, or otherwise attempt to access or alter the underlying code or systems of the Services.
• Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure or that of our third-party providers.
• Interfere with or disrupt the proper functioning of the Services, including any activities conducted within them.
• Attempt to bypass or circumvent any measures used to prevent or restrict access to the Services, including unauthorized access to accounts, systems, or networks.
• Run any form of auto-responder, spam, or automated communication within the Services.
• Use the Services for any illegal or unauthorized purposes, including harassment, defamation, or infringement on the rights of others.
• Take any other actions that violate these Terms.

Failure to comply with these restrictions may result in the suspension or termination of your access to the Services and other legal consequences.

Intellectual Property

Train100 retains all rights, title, and interest in and to the Services, including but not limited to all technology, processes, enhancements, modifications, trademarks, service marks, site design, text, videos, graphics, logos, images, icons, and their arrangement. The Services and all proprietary content, information, and materials are protected by intellectual property laws, including copyright and trademark laws.

Unless expressly granted in these Terms or with prior written consent from Train100, your use of the Services does not (i) provide you with any ownership rights to Train100’s intellectual property or (ii) grant you permission to display, modify, reproduce, distribute, create derivative works of, download, store, transmit, or otherwise use any of Train100’s intellectual property. Any unauthorized use of any content or materials from the Services is strictly prohibited and may result in violations of copyright, trademark, privacy, publicity, and other applicable laws.

Specifically, audio or video content from Train100 that is not explicitly indicated as downloadable may not be downloaded, copied, or reproduced. Additionally, you may not use the Services, or any content or materials within, for commercial purposes without express written consent from Train100.

You acknowledge and agree that you do not acquire any ownership interest in the Services or any other rights beyond the limited use license granted under these Terms. Any illegal or unauthorized use of the Services may result in legal action.

For inquiries about obtaining authorization to use materials or content from Train100 beyond what is permitted under these Terms, please contact us at team@train100.fit.

Termination

We reserve the right to suspend or terminate your access to the Services at any time for violations of these Terms or for any other reason (including, without limitation, the unauthorized copying or download of content from the Services). Upon termination, your right to use the Services will cease immediately.

Train100 does not have to provide a refund for services under any conditions. Either you or Train100 may terminate your Account and/or use of the Services. Your only right with respect to any dissatisfaction with (i) any terms and conditions of these Terms, or policy or practice of Train100 in operating the Site (ii) content available through the Service or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your Account and/or use of the Services through our cancellation system or by contacting us at team@train100.fit. Notice of termination will be effective upon receipt by Train100. In the event that your Account is terminated or cancelled, no refund of any fees, including subscription fee, will be granted. Fees paid for any Service are paid at the beginning of the subscription cycle and are not refundable in whole or in part.

Availability of the Services

At Train100, we strive to provide the best possible experience, but we do not guarantee that the Services will meet your specific requirements or that they will be free from faults or interruptions. If you encounter any issues with the Services, please report them to us at team@train100.fit. We will review your feedback and, where appropriate, take steps to address the issue. However, we are not liable for any temporary unavailability or interruptions in the Services.

From time to time, your access to the Services may be restricted to allow for necessary repairs, maintenance, or the introduction of new features or updates. We will work to restore full functionality as quickly as reasonably possible.

Third-Party Links and Recommended Merchants

Train100 may provide links to third-party websites, services, or merchants for your convenience and information. Accessing these links is entirely at your discretion, and Train100 does not review, control, or endorse any of these third-party websites, services, or merchants.

We are not responsible for:

• The availability, functionality, or uptime of third-party websites or services.
• The privacy practices, policies, or data handling of third parties.
• The content, advertising, products, goods, or other materials available on or through these websites, services, or merchants.
• Any damage, loss, or issues arising from your use of, or reliance on, third-party websites, services, or merchants.

Train100 does not guarantee results or accept liability for any actions, products, or services provided by recommended merchants. This includes, but is not limited to, on-time payment processing, merchant website functionality, or any technical or non-technical issues.

We reserve the right to modify, update, or remove links to third-party websites or recommended merchants from our Services at any time, for any reason, without prior notice. Your interactions with third-party websites or merchants are solely between you and those parties, and you agree that Train100 is not liable for any consequences arising from those interactions.

Third-Party Materials and Content

The Services may display, include, or make available content, data, information, applications, or materials from third parties, as well as links to third-party websites (“Third-Party Materials”). By using Train100’s Services, you acknowledge and agree that we, our affiliates, and our third-party partners may place advertising or other promotional content within the Services.

Train100 does not examine or evaluate the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, or quality of any Third-Party Materials. We expressly disclaim any responsibility or liability for all aspects of such materials. You agree that Train100 is not responsible for any damage or loss, direct or indirect, caused by or related to your use of or reliance on any Third-Party Materials, including but not limited to content, goods, or services obtained through third-party websites or applications.

The use of third-party trademarks or content within the Services does not imply affiliation with, endorsement of, or sponsorship by these third parties. These Terms do not grant you any rights to use third-party trademarks or content, which remain the property of their respective owners.

By accessing or interacting with Third-Party Materials through Train100’s Services, you do so at your own risk and agree that Train100 bears no responsibility for the content or functionality of third-party offerings.

Medical Disclaimer

The information provided through Train100’s Services, including this website or communications from Train100 coaches, is intended to support your fitness efforts and is furnished for general educational purposes only. This information is not a substitute for professional medical advice, counseling, or care from your physician or other qualified healthcare provider. For the purposes of these Terms, medical advice includes, but is not limited to, diagnosis, treatment, recommendations, or any form of healthcare instructions.

Before beginning any fitness or nutrition program, consult your physician to determine whether it is appropriate for your specific health conditions and needs. Do not start a program if your physician advises against it. Train100 coaches, employees, and affiliates are not authorized to provide medical advice, and nothing you read or receive from Train100 should be construed as such. While we strive to provide high-quality information, Train100 disclaims any guarantees, express or implied, regarding the accuracy, timeliness, or completeness of the information provided.

By using Train100’s Services, you affirm that you do not have any of the following conditions unless explicitly approved by a physician for physical activity despite such conditions:

• Heart and/or blood pressure conditions.
• Chest pains.
• Loss of balance due to dizziness.
• Loss of consciousness.
• Bone or joint problems that could worsen with physical activity.
• A history of high blood pressure or heart problems, including within your immediate family.

If you are pregnant or breastfeeding, you affirm that you have consulted with a physician regarding your participation in the Services.

Train100 reserves the right to refuse or cancel your membership if we determine that you have medical conditions or that representations regarding your health are untrue.

Warranty Disclaimers; Limitation of Liability

The Services are provided “as is” and without any warranty, express or implied. To the maximum extent permitted by law, Train100 disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any implied warranties arising from course of dealing or usage in trade. We do not guarantee that the Services will meet your requirements, be free of defects, or operate without interruption.

You assume full responsibility and risk for your use of the Services. Train100 is not liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, goodwill, or data, arising from your use of the Services, even if we were advised of the possibility of such damages.

If Train100 is found liable for any claim related to your use of the Services, our liability is limited to the greater of (i) the total fees you paid to Train100 in the six (6) months before the claim or (ii) $500. These limitations apply to the fullest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, and successors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your violation of these Terms, or your reliance on information obtained through the Services.

Governing Law

These Terms are governed by the laws of the state of Delaware, without regard to its conflict of laws principles. Any disputes arising out of or related to these Terms or your use of the Services will be resolved under the exclusive jurisdiction of the federal or state courts located in Delaware.

Arbitration

At Train100’s sole discretion, any disputes arising under these Terms may be resolved through final and binding arbitration under the Rules of Arbitration of the American Arbitration Association. The arbitration will take place in Delaware and be governed by its laws.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remainder of the Terms will remain in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and the Company and supersede any prior agreements or communications, whether oral or written, regarding the Services.

Force Majeure

Train100 is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to mechanical or electronic failures, labor disputes, or supply chain disruptions.

Assignment

You may not assign or transfer your rights or obligations under these Terms without Train100’s prior written consent. Train100 may assign or transfer its rights and obligations without restriction.

Waiver

Failure by Train100 to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision of these Terms.

Release

By using the Services, you release Train100 and its successors from all claims, damages, or actions of any kind related to your use of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, would have materially affected his or her settlement with the debtor.” This release does not apply to any Claims for unconscionable commercial practice by the Company or fraud, deception, false, promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services.

Contact Us

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: team@train100.fit.