These Terms and Conditions (the “Terms”) are a binding agreement between you and Train-Me LLC, a Delaware limited liability company (“Train-Me,” “we,” “us,” or “our”). They govern your access to and use of the TrainMe Student and TrainMe Coach mobile applications for iOS and Android, related backend services, software and content, and the informational website at https://train-me.app (collectively, the “Platform”).

By creating an account, clicking to accept these Terms, or accessing or using the Platform, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Platform.

1. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding contract to create an account or use the Platform independently. A person who is 16 or 17 may use a Student account only with the prior consent and supervision of a parent or legal guardian who agrees to these Terms on the minor’s behalf and accepts responsibility for the minor’s activity. A parent or legal guardian may create and manage an account and book Coach Services for a younger minor only where the Platform and applicable Coach expressly permit it. The parent or guardian is responsible for the minor’s use of the Platform and participation in Coach Services and must ensure that the Coach permits and is qualified to serve minors. Coaches must be at least 18.

If you use the Platform for a company, gym, studio, or other organization, you represent that you have authority to bind that organization. In that case, “you” includes the organization.

You may not use the Platform if applicable law prohibits you from doing so, if we previously suspended or terminated you for cause, or if you are subject to sanctions that prohibit the transaction.

2. The Platform and Train-Me’s Role

Train-Me operates a technology marketplace that helps users seeking fitness or related services (“Students”) discover, communicate with, and book independent trainers, coaches, gyms, studios, or other service providers (“Coaches”). Coaches may use separate business-management tools offered through the Platform.

Train-Me is not a gym, medical provider, employer, employment agency, or provider of the training or coaching services listed by Coaches (“Coach Services”). Unless Train-Me expressly states otherwise in writing, each Coach is an independent business and is solely responsible for the Coach Services, including the description, price, availability, legality, safety, quality, location, cancellation policy, credentials, insurance, tax obligations, and performance of those services.

A booking creates a service relationship directly between the Student and the Coach. Train-Me is not a party to that service contract and does not direct or control how a Coach performs Coach Services. We do not guarantee any Coach’s identity, background, qualifications, licensing, insurance, availability, statements, conduct, or results. Any verification or badge shown on the Platform is limited to the information and checks expressly described and is not an endorsement or guarantee.

Depending on current availability and the user’s account type, application features may include public Coach profiles, service offers, online booking, manual booking confirmation, appointment calendars, staff and equipment management, email, SMS and push notifications, online payments, transaction records, reviews, and operational analytics. The website operates principally as an informational company website and as a location for legal notices, policies, contact information, and an optional newsletter; it is not the primary booking service. Features, booking channels, appearance, technical specifications, and availability may change for operational, legal, security, or technical reasons.

3. Accounts and Security

You must provide accurate, complete, and current information and promptly update it. You may create only accounts you are authorized to control. You are responsible for your account activity, maintaining the confidentiality of your credentials, and using reasonable safeguards. Notify us immediately at info@train-me.app if you suspect unauthorized access. We may require identity, business, credential, or payment verification and may refuse, limit, or revoke access if verification is not completed.

4. Terms for Students

As a Student, you agree to:

• review the Coach’s profile, price, qualifications, location, availability, policies, and service description before booking;
• provide information reasonably needed for the Coach to determine whether and how to provide the requested service safely;
• arrive on time, comply with reasonable safety instructions, and use facilities and equipment appropriately;
• pay all displayed charges and applicable taxes you authorize;
• communicate cancellations or disputes promptly and honestly; and
• avoid conduct that is threatening, discriminatory, harassing, fraudulent, unsafe, or unlawful.

You are responsible for evaluating whether a Coach and Coach Service are appropriate for you. Train-Me does not provide medical advice or guarantee fitness outcomes.

5. Terms for Coaches

Each Coach represents, warrants, and agrees that the Coach:

• operates an independent business and is not an employee, worker, joint venturer, partner, franchisee, representative, or agent of Train-Me;
• controls the manner, means, schedule, location, pricing, acceptance of bookings, and performance of Coach Services;
• will provide accurate and non-misleading profile, credential, price, availability, and service information;
• holds and will maintain all licenses, certifications, permits, registrations, insurance, training, and qualifications required by law and appropriate for the Coach Services;
• will perform Coach Services professionally, safely, lawfully, and in accordance with accepted industry standards;
• will inspect and maintain equipment and locations used for Coach Services and follow applicable health, safety, accessibility, and consumer-protection requirements;
• will make required disclosures and obtain required consents when serving minors or processing health-related or other sensitive information;
• is solely responsible for employment, contractor, wage, tax, insurance, and benefit obligations concerning the Coach and the Coach’s personnel;
• will honor confirmed bookings and the policies displayed at the time of booking;
• will not move a Platform-originated transaction off-platform to avoid applicable Fees; and
• will promptly cooperate with complaints, safety incidents, refunds, payment disputes, and legal or regulatory inquiries.

Coaches have no authority to bind Train-Me or make representations on our behalf. Nothing in these Terms restricts a Coach from providing services through other channels, subject to the prohibition on circumventing Fees for Platform-originated transactions.

Each Coach account and public profile must relate to one Coach business. A Coach may maintain a separate profile for each distinct service location, but may not create multiple profiles for the same location or combine unrelated Coach businesses into one profile without Train-Me’s written approval. We may merge, suspend, or delete duplicative or misleading profiles. Coaches are responsible for the acts and omissions of employees, contractors, and collaborators who access the Platform through their business.

6. Bookings and Coach Services

A Student may request a booking through the TrainMe Student application. Unless the application expressly indicates instant booking, the Coach manually accepts or rejects the request through the TrainMe Coach application. The booking and the service agreement between the Student and Coach become binding when the Coach confirms the request and any required payment authorization succeeds. The terms displayed with the Coach’s offer at the time of booking—including service details, price, location, duration, participant requirements, deposit or prepayment requirements, and cancellation terms—form part of the agreement between the Student and Coach.

Coaches, not Train-Me, are responsible for providing Coach Services. Students and Coaches should resolve service-quality, attendance, rescheduling, and similar issues directly, although Train-Me may assist at its discretion. We may correct obvious Platform errors, cancel transactions affected by fraud or illegality, or take steps reasonably necessary for safety or Platform integrity.

Train-Me may verify whether a booking status, service price, completion status, refund, or cancellation corresponds to the actual transaction. This includes review of bookings with a non-market or manipulated price, repeated status changes, suspected commission avoidance, or conflicting evidence from a Student and Coach. We may correct a status or transaction record based on reasonably reliable documentation after giving affected users an opportunity to respond where practicable.

7. Payments, Fees, and Taxes

The Platform may enable payments through Stripe or another identified third-party payment processor. By adding a payment method or initiating a transaction, you authorize the processor and Train-Me to charge the amounts presented to you, including the Coach’s price, Platform fees, commissions, taxes, cancellation charges, and other amounts disclosed before authorization. Payment processing is also subject to the processor’s connected-account or merchant terms and privacy notice presented during onboarding. Train-Me is not a bank, money transmitter, or payment-account provider and does not hold user funds as a deposit.

Coach commission. Unless a different rate is clearly disclosed in a Coach’s order form, subscription page, or separate written agreement, Train-Me charges the Coach a commission equal to 3% of each payment processed through the Platform. The commission may be deducted before payout. Other payment-processing, subscription, messaging, tax, refund, chargeback, or optional-service fees apply only if disclosed before the Coach incurs them.

Coaches authorize Train-Me and its payment processor to receive amounts from Students as limited payment collection agent for the Coach and to deduct amounts owed to Train-Me. A Student’s payment to the designated processor satisfies the Student’s payment obligation to the Coach for that amount, subject to reversal, refund, or chargeback. Train-Me may delay, withhold, set off, or reverse payouts where reasonably necessary to address refunds, chargebacks, suspected fraud, legal requirements, reserve obligations, or amounts the Coach owes us.

Coaches must complete payment onboarding, provide current bank, identity, business, and tax information, and maintain an eligible payout account. A Coach authorizes electronic delivery of transaction statements, fee records, and invoices through the Platform or Stripe dashboard and is responsible for downloading and retaining them. Availability of a record in the applicable dashboard constitutes delivery to the extent permitted by law.

If a deduction cannot be completed because available transaction funds are insufficient, the Coach must pay the deficiency by the deadline in the payment request. Train-Me or the processor may apply later funds, establish a reasonable reserve, pause payouts, or suspend payment functionality until the balance is resolved. Unless expressly stated otherwise, payment-processing fees already incurred are not returned to the Coach when a Student receives a refund, and the Coach may be responsible for disclosed refund or dispute fees.

Except for taxes Train-Me is legally required to collect or remit, each Coach is solely responsible for identifying, collecting, reporting, and paying taxes arising from Coach Services, earnings, personnel, or business operations. Train-Me may collect tax information, issue tax forms, withhold amounts, or report transactions when required by law. Coaches must provide accurate tax information on request.

8. Subscriptions and Automatic Renewal

If you purchase a subscription, the checkout page will disclose the price, billing frequency, subscription term, any trial or promotional period, how and when pricing changes, and how to cancel. By purchasing, you authorize recurring charges to your selected payment method at the disclosed interval until you cancel.

You may cancel through the same reasonably accessible method offered in the Platform or account settings, or by contacting info@train-me.app. Cancellation stops future renewal charges but does not ordinarily provide a refund for the current billing period unless required by law or stated at purchase. You must cancel before the renewal date to avoid the next charge. If a payment fails, we may retry the charge, suspend access, or terminate the subscription. Any material price change will be communicated in advance as required by law.

9. Cancellations, Refunds, and Chargebacks

The cancellation and refund policy displayed with a Coach’s offer when a booking is made governs the booking, subject to applicable law. A Coach may set reasonable cancellation deadlines and fees. If no Coach-specific policy is displayed, contact the Coach before booking.

If a Coach cancels or fails to provide a prepaid Coach Service, the Student ordinarily will be entitled to rescheduling or a refund of the affected Coach charge. Platform or processing fees are refundable only where stated at purchase or required by law. Refunds are generally returned to the original payment method and may take time to appear.

Before initiating a chargeback, please contact the Coach and Train-Me and allow a reasonable opportunity to investigate. Fraudulent or abusive chargebacks are prohibited. A chargeback does not eliminate valid payment obligations, and we may provide transaction records to the payment provider and suspend accounts involved in abuse.

A Coach is financially responsible for chargebacks, reversals, refunds, network assessments, and associated fees arising from the Coach’s transactions except to the extent caused solely by Train-Me’s error. If requested, the Coach must provide receipts, attendance records, communications, cancellation terms, and other relevant evidence within seven calendar days. Failure to cooperate may prevent a dispute from being contested. The processor may withhold or reverse funds where required by card-network, anti-money-laundering, sanctions, fraud-prevention, or other legal obligations.

A refund may not exceed the original transaction amount and must include applicable taxes where required. Refund timing and eligibility are governed by the Coach’s displayed policy, these Terms, processor rules, and applicable law. A request submitted more than 30 days after the transaction may require manual review and is not guaranteed unless law or the displayed booking terms require it.

10. Fitness and Health Disclaimer; Assumption of Risk

The Platform and Coach Services are not medical services and do not provide medical diagnosis, treatment, or emergency care. Information available through the Platform is general and is not a substitute for advice from a qualified healthcare professional.

Physical exercise and training involve inherent risks, including overexertion, falls, collisions, equipment failure, aggravation of existing conditions, serious injury, disability, and death. Before beginning or changing a fitness program, consult a qualified healthcare professional, particularly if you are pregnant, have a medical condition, take medication, have been inactive, or have concerns about your ability to exercise safely. Stop activity and seek appropriate assistance if you experience pain, dizziness, shortness of breath, faintness, or other concerning symptoms. In an emergency, contact local emergency services.

To the fullest extent permitted by law, you voluntarily assume the risks inherent in your participation in Coach Services and your use of facilities or equipment. This provision does not waive rights that cannot lawfully be waived and does not release a Coach from the Coach’s own obligations or liability.

11. Acceptable Use

You may use the Platform only for lawful purposes and in accordance with these Terms. You may not:

• violate law or another person’s rights;
• misrepresent identity, qualifications, credentials, pricing, availability, affiliation, or experience;
• harass, threaten, exploit, discriminate against, stalk, or harm another person;
• post unlawful, fraudulent, defamatory, infringing, sexually exploitative, or dangerously misleading material;
• solicit or provide unlawful services or controlled substances;
• interfere with Platform operation or security, introduce malicious code, probe vulnerabilities, or bypass access controls;
• scrape, harvest, index, copy, or use Platform data through automated means except as expressly authorized;
• reverse engineer, decompile, frame, mirror, resell, or commercially exploit the Platform except where law prohibits the restriction;
• send spam or unauthorized marketing;
• manipulate bookings, payments, rankings, reviews, referrals, promotions, or Platform metrics;
• use Platform information to build a competing database or service; or
• help another person do any of the above.

12. User Content and Reviews

You retain ownership of content you submit, including profile information, photos, messages, and reviews (“User Content”). You grant Train-Me a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify for technical or formatting purposes, display, distribute, and otherwise use User Content as reasonably necessary to operate, secure, improve, and promote the Platform. For public User Content, this license continues until the content is deleted from our active systems, subject to reasonable backup cycles, legal retention, and copies shared by others. We will not use the content of private messages for public promotion without permission.

You represent that you own or have all rights necessary for your User Content and that our permitted use will not violate law or another person’s rights. Do not upload sensitive or confidential information unless necessary and authorized.

Reviews must reflect a genuine experience and may not be fake, purchased, misleading, submitted by someone with an undisclosed material connection, or conditioned on expressing a particular sentiment. We do not prohibit or penalize honest reviews. We may moderate or remove content that violates these Terms, applicable law, or neutral content standards, including content that is irrelevant, fraudulent, harassing, contains personal information, or infringes rights. Train-Me does not endorse User Content and is not responsible for its accuracy.

If you believe content infringes your copyright, send a notice to info@train-me.app with identification of the work, the allegedly infringing material and its location, your contact information, a good-faith statement, a statement under penalty of perjury that the information is accurate and you are authorized to act, and your physical or electronic signature.

A Coach who uploads a logo, photograph, video, portfolio item, or other promotional material also authorizes Train-Me to use that material, the Coach’s name, and the Coach’s logo to display and promote the Coach’s profile, Coach Services, and the Platform in the applications, Train-Me website, search results, email, and Train-Me-controlled social-media channels. This promotional license is worldwide, royalty-free, sublicensable to vendors acting for Train-Me, and continues while the content or profile is active. After deletion, Train-Me may retain archival copies and previously created materials, but will stop creating new promotional uses within a commercially reasonable period following a valid request, except where continued use is permitted by law or separately authorized.

A Coach may authorize Train-Me to import or reuse material from the Coach’s Facebook, Instagram, or other social-media account. The Coach represents that the Coach owns or has permission to use and license all imported material, including images of clients, employees, or other persons. Connecting an account does not give Train-Me ownership of the social-media account.

13. Electronic Communications

You consent to receive agreements, disclosures, receipts, and other records electronically. You may retain copies by printing or saving them. You are responsible for maintaining a working email address and compatible device and software.

We may send transactional and service communications by email, push notification, in-app message, or text where you provide a number and applicable law permits. Marketing communications require any consent mandated by law. You may opt out of marketing email through its unsubscribe link and of marketing texts by replying STOP. Message and data rates may apply. Opting out of marketing does not stop necessary transactional, security, or legal messages.

14. Privacy and Data

Our Privacy Policy explains how Train-Me handles personal information. Coaches may separately control information received in connection with Coach Services and must comply with applicable privacy, health-data, marketing, breach-notification, and records laws.

If a Coach uploads or directs Train-Me to process personal information on the Coach’s behalf, the Coach represents that it has a lawful basis and has provided required notices and obtained required consents. The parties may enter into a separate Data Processing Addendum where required. A Coach may not use Student information obtained through the Platform for unrelated marketing unless the Coach has the Student’s valid consent or another lawful basis.

15. Train-Me Intellectual Property

The Platform, including its software, design, text, graphics, branding, compilation, and other content supplied by Train-Me, is owned by or licensed to Train-Me and protected by intellectual-property laws. Subject to these Terms, Train-Me grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended purpose during the term of your account. No other rights are granted. “Train-Me” and associated names, logos, and marks may not be used without prior written permission.

If you provide suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation, provided we do not identify you publicly without permission.

16. Third-Party Services

The Platform may link to or interoperate with Stripe, Apple App Store, Google Play, Firebase notification services, Apple Push Notification service, maps, devices, websites, or other third-party services. The application backend and MySQL database are hosted using IONOS infrastructure. Train-Me does not control third-party services and is not responsible for their independent services. Your use may also be governed by the applicable third party’s terms. App-store providers are not responsible for maintaining or supporting the Platform and are third-party beneficiaries of the provisions applicable to your app license where their terms so provide.

Train-Me may advertise the applications through external advertising platforms, including Meta Ads. Purchasing advertising does not make the advertising platform part of the TrainMe Student or TrainMe Coach applications. Unless separately disclosed in the Privacy Policy, Train-Me does not grant an advertising platform access to private Platform content merely because Train-Me purchases an advertisement.

17. Suspension and Termination

You may stop using the Platform and request account deletion at any time. A Coach may terminate an ongoing paid Platform agreement on one month’s notice effective at the end of the next billing period, unless a separate order form states otherwise. Subscription cancellation is governed by Section 8.

We may suspend, limit, or terminate access immediately if we reasonably believe you violated these Terms, created safety or legal risk, engaged in fraud or abuse, failed to pay, infringed rights, or if suspension is necessary to protect users or Platform integrity. We may also discontinue an account or service on reasonable notice where practicable.

Available remedial actions include requesting correction or removal of content; refusing publication; restricting visibility; correcting booking or payment records; temporarily disabling content, features, payment functions, or a profile; withholding payouts as permitted by Section 7; permanently removing content; deleting a duplicative profile; suspending an account; or terminating the agreement. We may act without advance notice in urgent safety, fraud, security, legal, or platform-integrity situations. Otherwise, where practicable, we will notify the affected user and provide a reasonable opportunity to respond.

Termination does not cancel accrued payment obligations, confirmed Coach obligations, or provisions that by their nature should survive, including ownership, licenses already granted as necessary, disclaimers, limitations, indemnity, and dispute terms. On a Coach’s written request submitted within three months after termination, Train-Me will make available a reasonable export of Coach-provided account and business records that remain in active systems, subject to privacy rights, security, technical feasibility, processor restrictions, and legal retention. After that period, data may be deleted or deidentified under our retention practices and the Data Processing Addendum.

18. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TRAIN-ME DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

TRAIN-ME DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, ACCURATE, OR AVAILABLE AT A PARTICULAR TIME; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY COACH, STUDENT, USER CONTENT, COACH SERVICE, RESULT, PAYMENT, OR TRANSACTION WILL MEET YOUR NEEDS OR EXPECTATIONS. YOU ARE RESPONSIBLE FOR BACKING UP INFORMATION YOU NEED.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TRAIN-ME AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL; PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM COACH SERVICES; OR DAMAGES ARISING FROM THE CONDUCT OF A COACH, STUDENT, OR OTHER THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, TRAIN-ME’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO TRAIN-ME, EXCLUDING AMOUNTS PASSED THROUGH TO COACHES, DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100.

THE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED, WHICH MAY INCLUDE LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR CERTAIN PERSONAL INJURIES, DEPENDING ON APPLICABLE LAW. YOUR STATE MAY PROVIDE ADDITIONAL RIGHTS.

20. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Train-Me and its affiliates, officers, directors, employees, contractors, licensors, and agents from third-party claims, liabilities, damages, judgments, losses, and reasonable legal fees arising from your User Content, misuse of the Platform, violation of these Terms or law, or infringement of another person’s rights.

A Coach’s indemnity also covers the Coach Services; injury, death, or property damage connected with those services; the Coach’s personnel; taxes; credentials; insurance; pricing and advertising; cancellation or refund policies; and the Coach’s collection or use of personal information. Train-Me may control the defense and settlement, and you will reasonably cooperate. A Student consumer’s indemnity applies only to the extent enforceable under applicable law.

21. Governing Law

These Terms and any dispute are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to conflict-of-law principles. This choice does not deprive a consumer of non-waivable protections of the law of the consumer’s state of residence.

22. Dispute Resolution and Arbitration Agreement

Please read this section carefully. It requires most disputes to be resolved by individual binding arbitration and waives jury trial and class proceedings.

22.1 Informal resolution first

Before filing arbitration or a lawsuit, the claimant must send an individualized written Notice of Dispute to the other party and allow 60 days for good-faith informal resolution. Notices to Train-Me must be sent by email to info@train-me.app with the subject “Notice of Dispute” and by mail to Train-Me LLC, Attn: Legal, 8 The Green, Dover, DE 19901, USA. The notice must include the claimant’s name, account contact information, a description of the dispute, supporting facts, and the specific relief sought. Train-Me will send a notice to the email or mailing address associated with your account. Any limitation period is tolled during this 60-day process.

22.2 Agreement to arbitrate

Except for the exclusions below, you and Train-Me agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, communications, transactions, or the relationship between you and Train-Me will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules or Commercial Arbitration Rules, as appropriate, as modified by this section. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Arbitration may be conducted by video, telephone, documents-only process, or in person in the county where you live or another mutually agreed location. Train-Me will pay arbitration fees it is required to pay under applicable AAA rules and law. The arbitrator may award the same individual remedies a court could award and must issue a reasoned written decision. A court with jurisdiction may enter judgment on the award.

22.3 Exceptions

Either party may: bring an individual claim in small claims court if eligible; seek emergency or temporary injunctive relief from a court to preserve the status quo pending arbitration; or bring a court action concerning infringement or misappropriation of intellectual-property rights. Government agencies may pursue remedies available to them. Questions about whether this arbitration agreement was formed, is enforceable, or applies to a dispute are for a court, while other issues are for the arbitrator, except as applicable law requires otherwise.

22.4 Class action and jury trial waiver

YOU AND TRAIN-ME WAIVE THE RIGHT TO A JURY TRIAL. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S CLAIM.

22.5 Coordinated filings

If 25 or more substantially similar arbitration demands are submitted against the same party by or with the assistance of coordinated counsel within a 90-day period, the parties will cooperate in good faith on a staged process that allows efficient resolution consistent with applicable AAA rules. If this provision cannot be enforced for a particular claim, that claim will proceed individually and will not be combined with others unless both parties agree.

22.6 Opting out

You may opt out of this arbitration agreement by sending an email to info@train-me.app with the subject “Arbitration Opt-Out” within 30 days after you first accept these Terms. Include your full name, account email address, mailing address, and an unambiguous statement that you opt out of arbitration. Opting out will not affect other Terms or your access to the Platform. An opt-out applies only to the person identified and not to later agreements unless the later agreement provides otherwise.

22.7 Court venue

If a dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware, except that an individual small claims action may be brought in any eligible venue and a consumer may bring a claim in another forum when non-waivable law permits. Each party waives objections to personal jurisdiction and venue in Delaware.

22.8 Severability

If the class or representative action waiver is found unenforceable as to a particular claim or request for relief, that portion must proceed in court after any arbitrable individual issues are resolved. Otherwise, an invalid part of this Section 22 will be severed and the remainder enforced.

23. Changes to the Platform or Terms

We may modify, add, suspend, or discontinue Platform features. We may update these Terms by posting the revised Terms and changing the effective date. For material changes, we will provide notice as required by law. Changes apply prospectively from their stated effective date. If you do not agree, you must stop using the Platform and cancel affected subscriptions before the changes take effect. Continued use after that date constitutes acceptance where permitted by law.

A change to Section 22 will not apply to a dispute for which the parties had actual notice before the change. If we materially change arbitration terms, existing users may reject that change within 30 days using the opt-out method in Section 22.6, specifying that they reject the arbitration update.

24. General Terms

• Entire agreement. These Terms, the Privacy Policy, any order form, Coach offer terms, and policies expressly incorporated by reference form the agreement concerning the Platform. A separate signed agreement controls to the extent it expressly conflicts.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
• No waiver. Failure to enforce a provision is not a waiver.
• Severability. Except as stated in Section 22, an unenforceable provision will be modified to the minimum extent necessary or severed, and the remainder will continue.
• No third-party beneficiaries. These Terms do not create third-party beneficiary rights except as expressly stated for app-store providers.
• Force majeure. Train-Me is not responsible for delay or failure caused by events beyond its reasonable control, including internet or utility failures, natural disasters, epidemics, labor disputes, government action, civil unrest, or third-party service failures.
• Notices. We may send notices to the contact information associated with your account or post them in the Platform. Legal notices to Train-Me must be sent to the contact information below.
• Headings. Headings and summaries are for convenience and do not limit the Terms.

25. Complaints, Support, and Technical Requirements

Questions or complaints about Platform operation may be submitted to info@train-me.app. Include the account email, relevant booking or transaction identifier, a clear description, and supporting information. We ordinarily respond within 30 days. If a matter is complex, requires information from a Coach, processor, or authority, or cannot reasonably be completed in that period, we may extend the review and will provide a status update where practicable. We may request additional information; failure to provide reasonably necessary information may prevent us from resolving the complaint. Complaints about the quality or performance of Coach Services should first be directed to the Coach.

Use of the Platform requires a supported device, an active internet connection, a valid email address, and current browser or application software. Mobile availability and minimum operating-system requirements are stated in the applicable app-store listing and may change for security or compatibility reasons. Features such as payments, maps, camera access, notifications, cookies, or local storage may not work if relevant settings or permissions are disabled. You are responsible for device, carrier, internet, and data charges and for installing security and software updates.

Known risks of online services include credential theft, malicious software, service interruption, transmission errors, unauthorized access, and loss of locally stored data. Use unique credentials, enable available security controls, keep devices updated, and do not share access except with properly authorized personnel.

26. Contact

Train-Me LLC
Attn: Legal
8 The Green
Dover, Delaware 19901, USA
Email: info@train-me.app
Phone: +1 302 202 6911
Web: https://train-me.app/contact