Thank you for downloading our mobile application.
Please review the Terms below before sign up to MyTraining. If you have any questions regarding this document or MyTraining, please contact by e-mail: firstname.lastname@example.org
Important Information Regarding Subscriptions
MyTraining includes in-app purchases with an auto-renewing subscription option which unlocks all premium workouts, with continuously updates of the content.
Subscription options are:
Service lasts one month. Price is $9.99 per month, auto-renewable.
Service lasts twelve months. Price is $29.99 per twelve months, auto-renewable.
Service lasts as long as the app is live. Price is $39.99 once, not-renewable.
Payment will be charged to iTunes Account at confirmation of purchase.
Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.
No cancellation of the current subscription is allowed during active subscription period.
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication.
ASSUMPTION OF RISK – INDEMNITY – COMMUNICATIONS CONSENT
Prior to using the MyTraining mobile application, it is important for you to know and understand that by using MyTraining, you are agreeing to accept certain liability limitations and legal and health disclaimers. As we will further explain throughout this Agreement, your use of MyTraining is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to MyTraining or your use of the MyTraining or your interaction with any Trainers (as defined below) or third parties.
Using the MyTraining Inc.’s mobile application involves the risk of injury to you, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your participation in the MyTraining’s mobile application, you understand and voluntarily accept this risk and agree that MyTraining, its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to you, your spouse, guests, unborn child, or relatives resulting from any negligence of MyTraining or anyone on MyTraining’s behalf or anyone using the mobile application whether related to exercise or not.
MYTRAINING IS NOT A MEDICAL SERVICE AND DOES NOT OFFER MEDICAL ADVICE. THE SERVICES ARE NOT INTENDED FOR MEDICAL DIAGNOSIS OR DRUG PRESCRIPTION OR ADVICE CONCERNING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE SERVICES. WE DO NOT ENDORSE SPECIFIC PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED OR DESCRIBED THROUGH THE SERVICES. IF YOU RELY ON ANY CONTENT OBTAINED BY YOU OR THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. You acknowledge that MyTraining does not guarantee the weight reduction, nor improvement in physical conditioning and fitness. YOU ACKNOWLEDGE THAT THE MyTraining IS NOT A MEDICAL ORGANISATION. IN CASE OF CONCERN OR INQUIRIES ABOUT YOUR HEALTH, YOU SHOULD CONSULT WITH A PHYSICIAN OR OTHER PROFESSIONAL HEALTH AREA.
ANY CONTENT OR INFORMATION ACCESSED OR RECEIVED THROUGH THE SERVICES, INCLUDING FROM ANY PERSONAL TRAINERS, ARE NOT INTENDED TO BE MEDICAL ADVICE. THE PERSONAL TRAINERS YOU MAY INTERACT WITH THROUGH THE SERVICES ARE NOT OUR EMPLOYEES, AGENTS OR REPRESENTATIVES. MYTRAINING ASSUMES NO RESPONSIBILITY FOR ANY ACT, OMISSION, ACTIVITY, PRODUCT OR SERVICE OF ANY PERSONAL TRAINER. MYTRAINING DOES NOT GUARANTEE ANY RESULTS IN CONNECTION WITH THE SERVICES.
The MyTraining app are designed and intended for adult usage. If you are under 18 years of age, you must consult your physician before engaging in any of the exercises contained in the Services to determine whether they are appropriate for your age and stage of physical development. Additionally, if you are under the age of 18, you must obtain the consent of your parent or guardian respecting your entry into this Agreement and use of the Services. By using MyTraining, you are representing and warranting that you have the full right to enter into this Terms and have obtained all required permissions.
You agree to indemnify, defend and hold MyTraining harmless against any liability, damages, defense costs, including attorneys feed, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage caused by your negligence or other wrongful acts or omissions. You further agree to hold harmless, defend and indemnify MyTrining from all liability, damages, defense costs, including attorneys fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage brought by you, your guests, or minors, even if MyTraining was negligent. Further, you understand and acknowledge that MyTraining dows not manufacture fitness or other equipment of physical training. You understand and acknowledge that MyTraining is providing software services and may not be held liable for defective products. By signing up to MyTraining’s mobile application, you acknowledge and agree that you have read the foregoing and know of the nature of the activities at MyTraining and agree to all terms herein. By reading this Terms, I authorize the use of my image by MyTraining Inc., that could share it on their’s website, social media, newspapers, magazines and other channels. By selecting the “Accept” option, I accept the above terms and give my express consent for MyTraining to contact me and send me marketing communications by direct mail, telephone, text message, instant message, email and other means.
END USER LICENSE AGREEMENT
This copy of MyTraining (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. MyTraining Serviços de Tecnologia da Informação Ltda or its subsidiaries, affiliates, and suppliers (collectively “MyTraining”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of MyTraining, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY MYTRAINING, MYTRAINING MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
MyTraining makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. MyTraining makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. MYTRAINING WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL MYTRAINING, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF MYTRAINING OR ANY OTHER PARTY, EVEN IF MYTRAINING IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS MYTRAINING’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of MyTraining. MyTraining reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If MyTraining is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
There is no tolerance for objectionable content. User can flag and several markings may occasionally remove inappropriate content and offensive users. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by MyTraining to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold MyTraining harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of California, without regard to California’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.