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MASTRAINER APP TERMS AND CONDITIONS

CLAUSES

Section A: “MasTrainer”

  1. INTRODUCTION
  2. VALIDITY OF THE TERMS AND CONDITIONS
  3. SUBJECT OF THE AGREEMENT
  4. REGISTRATION
  5. GENERAL TERMS AND CONDITIONS FOR ALL USERS
  6. SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS
  7. DISCONTINUATION
  8. TERMINATION
  9. CONFORMITY
  10. USER OBLIGATIONS AND CONDUCT
  11. BREACH OF USER OBLIGATIONS
  12. CONTENT
  13. PRIVACY POLICY
  14. LIMITATION OF LIABILITY
  15. INDEMNIFICATION BY USERS
  16. CHANGES TO THE TERMS AND CONDITIONS
  17. MISCELLANEOUS

Section B: “MasTrainer” Membership Program

At “MasTrainer” our goal is to support our users on their fitness journeys and provide the best possible experience. To achieve this, we have updated our Terms & Conditions («T&C»), which clearly outline rights, responsibilities, our privacy policy and additional details about our products and services.

1. INTRODUCTION

1.1. Who we are. “MasTrainer” is a mobile application (“Application”) that offers cutting-edge technology and tools to help trainers and athletes optimize physical/sporting performance. Additionally, it connects and provides new opportunities for individuals interested in health and sports, or those who are beginning to take an interest in them. Effective as of January 1, 2022 and subject to its discontinuation  in accordance with Section 7.

1.2. Registration. In order to be able to use the complete spectrum of “MasTrainer” Products, a one-time registration is required (see Section 4 below).

1.3 Our goal. “MasTrainer”’s goal is to offer our cutting-edge technology and tools to help trainers and athletes improve physical fitness and performance, thus bringing technology and physical training to every corner of the sports world as a well-being tool, positively contributing to the health of individuals and/or athletes, and optimizing the work of trainers.

1.4. Disclaimer. Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. “MasTrainer” neither substitutes for your doctor, nor is “MasTrainer” responsible for your behavior. The content of “MasTrainer” Products and services, regardless of whether it is provided by “MasTrainer”, its partners or its users, are not meant to complement, let alone replace, the information provided by doctors or pharmacies. By accepting these T&C, you confirm that you are solely responsible for your health.

2. VALIDITY OF THE TERMS AND CONDITIONS

2.1 Validity. “MasTrainer” offers its Products and Services on the basis of these Terms and Conditions. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by i) using “MasTrainer” Products and Services, in case they are available without registration, or through ii) registration, in case they require an account. These T&C shall be valid until cancelled in the currently valid version as of October 1st, 2023.

2.2. Prerequisite.  Neither the registration nor the use of the complete spectrum of “MasTrainer” Products shall be possible without consent to these T&C.

2.3. Extent. These T&C shall apply to all points of access, including (sub)domains and mobile applications, for “MasTrainer” Products and services.

3. SUBJECT OF THE AGREEMENT

Currently, “MasTrainer” essentially offers its users the following features and information in several languages:

3.1. Mobile Application

  • Mobile application for sports, health, and fitness;
  • Personal profile page, including personal data;
  • Summary of updates related to “MasTrainer”;
  • Content (such as texts, images, and videos) related to sports and health presented by “MasTrainer” and third-party professionals (such as sports trainers);
  • Text messages via internal channels and notifications;
  • Information for monitoring training load and reducing the risk of injuries;
  • Blog providing detailed information, products, and company updates about health and fitness.

3.1.1. Applications for Apple iPhones and Android phones.

3.1.2. Subject to the user’s consent, the relevant data is transmitted from the smartphone to the Platform and shared with other social networks, such as Instagram or Facebook. See our Privacy Policy for more information.

3.1.3. The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Application, certain costs of the mobile carrier may be incurred that have to be borne by the user.

3.1.4. The Apps are only available to users of smartphones and other devices, not computers.

3.1.5. Additional terms and conditions on the part of the mobile phone providers apply.

4. REGISTRATION

4.1. Basic Membership. “MasTrainer” Products require a one-time registration. The minimum age for registration is determined by the country. 

“MasTrainer” offers users two ways of registering:

  • Via the registration form provided on the Application: for purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of fantasy names or pseudonyms is not possible.
  • Via Google Account: adoption by “MasTrainer” of registration details provided by the user in Google mail. Registration via Google Sign-In requires the user to confirm that the selected details, which the user previously provided on Google, shall be adopted by “MasTrainer” network. The user can subsequently add to or reduce such details in such user’s profile on the Application

4.1.1. Minors. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with “MasTrainer”. Therefore, by registering as a “MasTrainer” Member, you confirm that you meet the age requirements stated in the applicable law and are thereby legally entitled to enter into contracts.

4.2. Consequences of Registration.

4.2.1. By registering, the user confirms his/her knowledge and the unlimited recognition of the content of these T&C as well as that all registration data is true, accurate, current, and complete, and he/she will keep all registration information up to date.

4.2.2. Each user shall register with “MasTrainer” once only, and confirms with his/her registration that he/she has not registered an account with “MasTrainer” before and has not deleted a previously activated user account.

4.2.3. Following successful registration, the user (then the «Registered User») can log on to the Application by either (i) entering his/her email address and the chosen password, or (ii) accomplishing the login via Google Sign-In.

4.3. Rights of “MasTrainer”.

4.3.1. “MasTrainer” reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly

4.3.2. If you provide any information that is untrue, inaccurate, not current or incomplete, or “MasTrainer”  has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, “MasTrainer”  has the right to suspend or terminate your account immediately and without prior notice and to refuse any and all current or future use of the Premium Services (or any portion thereof), without the Registered User being entitled to a refund of any previously paid amount.

4.3.3. In any event, “MasTrainer” reserves the right to contact you at any time to verify your registration data.

4.4. User Identity. “MasTrainer”  is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.

GENERAL TERMS AND CONDITIONS FOR ALL USERS

5.1. Fraud protection.

5.1.1. You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at hola@mastrainerapp.com, the same in the case of Premium Members, of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.

5.1.2. “MasTrainer” will not refund any amounts paid by you to ““MasTrainer”” before you report an unauthorized or fraudulent use of your account.

5.2. Promotions and Free Offers. “MasTrainer” may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.

5.3. Changes to “MasTrainer” Products and Services. “MasTrainer” reserves the right to change options or features, including Premium Features, in “MasTrainer” Products and Services. In most cases “MasTrainer” makes changes to “MasTrainer” Products and Services to enhance or improve them. We might also make modifications if such are necessary to comply with changes in legislation, technical and/or safety requirements or to reflect changes in our company and product strategy and to respond to the market and competitive situation. Insofar as the changes will not have a material adverse effect on your use of “MasTrainer” Products and Services, “MasTrainer” will not refund previously paid amounts, unless otherwise provided for in Section 7.

6. SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS

6.1. Subscription Requirement. In order to use the “MasTrainer” you must (i) be a Registered User, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card, via AppStores, or any other form of payment accepted by “MasTrainer”  (the «Subscription»).

6.2. Types and Prices of Subscription. “MasTrainer” offers three Subscription periods: MONTHLY, BIANNUAL AND ANNUAL, so that you can choose the one that best satisfies your needs. All subscriptions are automatically renewed until the user decides to cancel and/or withdraw. The different Subscription types and applicable prices are available for viewing here or in the App Stores. All prices are subject to change at “MasTrainer” discretion at any time. Any price changes will be announced on the Platform or in the App Stores.

6.3. Payment. Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the “MasTrainer” Premium Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account.

6.3.1. Payments for the entire term of your Premium Membership shall be due immediately upon invoicing. Payment can be made using different online payment systems. If “MasTrainer” is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. “MasTrainer” and/or supplier companies may deliver invoices and payment reminders to the user by email.

6.4. Automatic Renewal. All subscriptions are automatically renewed until the user decides to cancel and/or withdraw. When your Subscription period expires, your credit card will be charged automatically with the standard subscription price which was valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at least prior to the expiration of your current Subscription. The standard subscription price can be viewed on the Application and in the App Stores.

6.5. Cancellation. You may cancel your Subscription to “MasTrainer” Premium Service for Premium Members at any time by initiating the cancellation on the Platform or via the App Store. Unless otherwise provided for in Section 7 , “MasTrainer” will not refund previously paid amounts.

6.6. Expiration. Subject to Section 6.4 , for lack of a user’s cancellation of such user’s Subscription, each Subscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s actual use of the “MasTrainer” Premium Service for Premium Members during such period. Each user can check the length of the current Subscription period by viewing such user’s account information.

6.7. Contact. Please contact us for any questions you might have or to report any violations of the Premium Conditions in this Section 6 at hola@mastrainerapp.com, specifying the subject of the email as “Subscription“.

6.8. Application of Other Rules. Unless otherwise specified in this Section 6, all other provisions of these General T&C apply also to the Premium Members

7. DISCONTINUATION

7.1. Discontinuation of “MasTrainer” Products. “MasTrainer” reserves the right to discontinue one or more “MasTrainer” Products. We might discontinue “MasTrainer” Products if this is necessary to comply with changes in legislation, technical and/or safety requirements or to reflect changes in our company and product strategy and to respond to the market and competitive situation. All users shall be given reasonable prior notice of the discontinuation of a “MasTrainer” Product. After the notification, Premium Members shall be able to use the App for the duration of their current Subscription period. Please note that during this period the two following limitations apply:

7.2. It may not be possible to download the App on another device.

7.3. “MasTrainer” will not update the “MasTrainer” Product during this period for any other purposes than security and conformity with the contract. This means that if the operating system of your device is updated or if other relevant third party technical services change during this period, it may not be possible to use the “MasTrainer” Product any longer. “MasTrainer” assumes no liability for this.

7.4. Subject to the two limitations as described above, only if “MasTrainer” cannot provide the possibility for you to use the App until your current Subscription period has ended, are you entitled to a pro rata refund of the payment for the current Subscription of your Premium Membership. If this occurs, you can contact “MasTrainer” (see Section 6.7 ) to claim your refund.

7.5. Notice. “MasTrainer” may give notice as mentioned under Section 7.1 by informing you either by email or through communication within the “MasTrainer” Products.

8. TERMINATION

8.1. General. Each user shall have the right to terminate the use of “MasTrainer” Products at any time via his/her account settings. 

8.2. “MasTrainer” Termination Right. Additionally, “MasTrainer” reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user’s obligations as set forth in these T&C and ancillary agreements.

8.3. Consequences of Termination

If you have generated, transmitted, saved, published content, or otherwise made content available through the “MasTrainer” Products, the rights granted to “MasTrainer” in accordance with Section 13.4 in relation to this content, which does not qualify as personal data, shall expire upon terminating the use of the “MasTrainer” Products. This does not apply if such content:

  • has no use outside the context of the “MasTrainer” Products,
  • is exclusively related to your use of the “MasTrainer” Products,
  • has been aggregated by us with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort,
  • was generated by you together with other users, provided that other users can still use the data.

For personal data, the provisions of the Privacy Policy apply.

8.4. Request for data. If you generated, transmitted, saved, published or otherwise made available through the “MasTrainer” Products and Services content, we shall, at your request, provide you with the content, which does not qualify as personal data, free of charge, within a reasonable period of time and in a common and machine-readable format after the termination becomes effective. This does not apply if such content:

  • has no use outside the context of the “MasTrainer” Products,
  • is exclusively related to your use of the “MasTrainer” Products,
  • has been aggregated by us with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort.

For personal data, the provisions of the Privacy Policy ( Section 6.3 ) apply.

8.5. Further Information. Please see our Privacy Policy for further information on the deletion of your account.

9. CONFORMITY

9.1. Conformity. We have a legal obligation to make sure that the “MasTrainer” Products and Services conform to the contract.

9.2. Updates. As part of this legal obligation, we will, from time to time, offer and request you to install security and technical updates for the “MasTrainer” Products and Services . It is your responsibility to install such updates without delay and to update the operating system of your end device if this is required for such updates. We will not be liable for any lack of conformity of the “MasTrainer” Products resulting from the lack of the relevant update when you fail to install the update that we supplied to you.

9.3. Remedies. If our “MasTrainer” Products and Services do not conform to the contract of sale and/or the statutory conformity requirements, you have the right to have the defect corrected. Your right to claim lack of conformity expires two (2) years after the termination of the membership.

9.4. Cooperation. You are required to reasonably cooperate with us to assess whether the cause of a lack of conformity lies in your digital environment. If you do not provide such cooperation, the burden of proof of any conformity of the “MasTrainer” Products and Services will lie with you.

10. USER OBLIGATIONS AND CONDUCT

10.1. User Obligations. Each user of the “MasTrainer” Products and Services must:

  • truthfully provide, and keep current and complete, his/her registration details, and must not pass on such details to third parties;
  • only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to “MasTrainer” that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
  • not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
  • not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;
  • not carry out any disrupting interferences in the “MasTrainer” network, including the “MasTrainer” Products and Services, by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding “MasTrainer”’s software or hardware;
  • not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
  • provide prompt notice via email to hola@mastrainerapp.com of any detected breaches of the aforementioned obligations;
  • diligently care for the personal details and only allow such persons access to their own details that are close to the user; and
  • regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. “MasTrainer” shall not be responsible for any lost or impaired details.

11. BREACH OF USER OBLIGATIONS

11.1. Sanctions. In order to ensure the proper and reliable provision of “MasTrainer” Products, “MasTrainer” imposes the following sanctions upon breach of user obligations by a user:

  • warning;
  • deletion of content;
  • temporary deactivation of user account; and
  • cancellation (irrevocable deactivation)

The type of sanction shall depend on the purpose, impact, and type of the breach in light of “MasTrainer”’s and the user’s interests.

12. CONTENT

12.1. General. “MasTrainer” permits its Registered Users to use the offered portfolio of “MasTrainer” Products and Services in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with other users

12.2. Tracking. The user consents that, as a result of the automatic evaluation of the way such user uses the Platform, it may be exposed to certain offers and/or marketing messages tailored to such user. Please see our Privacy Policy concerning tracking for marketing purposes.

12.3. Disclosure. “MasTrainer” shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to

  • comply with statutory law, or court or administrative orders;
  • ensure compliance with these T&C;
  • react to claims of breaches of law raised by third parties; or
  • safeguard the rights, property or personal safety of “MasTrainer”, its users and the general public.

12.4. User Content. The user grants “MasTrainer” the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, “MasTrainer” shall have the right to use, irrespective of the type of usage, all content both as part of the Platform and any other activity of “MasTrainer” or any company affiliated with “MasTrainer”. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this way, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that “MasTrainer” uses content created by a user outside the “MasTrainer” Products, “MasTrainer” shall note that such content was created by the user.

12.5. Ownership. “MasTrainer” does not claim ownership of any content created by users and will not supervise such content.

12.6. Deletion. “MasTrainer” reserves the right to delete content created by users, such as routes, photos, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance with Section 12 .

12.7. Inaccurate Content. “MasTrainer” shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc.

13. PRIVACY POLICY

Please see the separate Privacy Policy available on “MasTrainer” App that is an integral part of this agreement.

13.1. Limitation. “MasTrainer” does not claim or warrant that:

  • “MasTrainer” Products and Services will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and that
  • the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.

13.2. Own Risk. The user uses the “MasTrainer” Products exclusively at his/her own risk. This applies, without limitation, to:

  • the related use of any hardware;
  • downloading of the user’s own and third party content; 
  • any use by the user of data created or provided by “MasTrainer”. The user explicitly acknowledges that any such data or content may contain errors, and “MasTrainer” does not, to the extent permitted by law, assume any responsibility for the correctness of such data;
  • the way in which the user performs the training, so that “MasTrainer” shall not be liable for any injury and/or inconvenience caused to the user by carrying out the training.

13.3. Medical Advice. The use of any software or hardware offered by “MasTrainer” is no substitute for the consultation by the user of a specialized doctor.

13.4. External Content. Additionally, “MasTrainer” does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. “MasTrainer” does not make any representations or warranties with respect to products or services of third party providers.

14. LIMITATION OF LIABILITY

14.1. General. “MasTrainer” shall be liable for damages as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if “MasTrainer” has caused a certain damage willfully or with gross negligence. In the event of slight negligence, “MasTrainer” shall not be liable to other businesses and shall be liable to consumers only for personal damages. “MasTrainer” shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.

14.2. Content. Unless required by statutory law, neither “MasTrainer” nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the Platform or other forms of use of the “MasTrainer” Products. This also applies to damages resulting from errors, problems, viruses or loss of data.

14.3. Downloads. “MasTrainer” assumes no liability for downloaded material or material obtained as a consequence of using the “MasTrainer” Products and Services. The Registered User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from any of the “MasTrainer” Products and Services.

14.4. Conflicts. The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that “MasTrainer” will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.

15. INDEMNIFICATION BY USERS

15.1. Indemnification. The user shall indemnify “MasTrainer” for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to or any of the “MasTrainer” Products and Services by such user or as a result of any other usage by such user of applications available from “MasTrainer”. The user shall bear the costs of any legal proceedings, in which “MasTrainer” may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.

15.2. Support. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to “MasTrainer” all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that “MasTrainer” may be entitled to bring against the user shall not be affected.

16. CHANGES TO TERMS AND CONDITIONS

16.1. General. “MasTrainer” reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these T&C is available for viewing on the Web as well as in the Apps.

16.2. Changes. In case of minor changes to these T&C (if, for example, there is a change in the law that means we need to change these T&C), we may simply make the new T&C available for viewing on the Web and in the Apps. Please check these T&C regularly to ensure that you understand the up-to-date terms. For any significant changes to these T&C that will materially adversely impact you, “MasTrainer” will either obtain your specific consent to the changes through communication in the “MasTrainer” Products, or “MasTrainer” will inform you of any changes at least two weeks prior to the effective date of the changes via email to the address provided during Registration.

16.2.1. Amendment Information. Upon receiving the Amendment Information, you will have an objection period of two weeks. The Amendment Information will entail (i) the updated T&C, (ii) the effective date of the changes, (iii) a two-week objection period, (iv) information on the consequences of omitting an objection.

16.2.2. If you do not object to the changes, the updated T&C will be deemed accepted.

16.2.3.  In the event that you object to the changes, “MasTrainer” is entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for “MasTrainer”.

16.2.4. Written Form. Any changes to these T&C must be made in writing. No ancillary oral arrangements exist.

17. MISCELLANEOUS

17.1. Severability Clause. In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.

17.2. Governing Law and Jurisdiction.

17.2.1. These T&C and all contractual relations and litigation between the users and “MasTrainer” shall be governed by Argentinian law.

17.2.2. Place of delivery and exclusive court of jurisdiction shall be Cordoba, Argentina.

Last updated: October 1st, 2023

This order, including supplemental sheets, plans,  appendixes, and attachments included herein by Buyer, contains the complete and entire agreement between the parties with respect to the subject matter of this order, when accepted by acknowledging or initiating compliance. It supersedes any other communication, statement or agreement, whether verbal or in writing.

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