WORK-OUT HUMAN PERFORMANCE PLATFORM (WO-HPP)
Mobile App Terms & Conditions for Users
1. Introduction
Welcome to the Work-Out Human Performance Platform (“WO-HPP”).
These Terms & Conditions (“Terms”) govern your access to and use of the WO-HPP mobile application and any related services provided by Stratco BV, trading as Work-Out (“Work-Out”, “we”, “our” or “us”).
By creating an account, accessing or using WO-HPP, you acknowledge that you have read, understood and agree to be bound by these Terms.
If you use WO-HPP as part of an organisation, such as a sports club, company, educational institution, healthcare provider, Defence organisation, police service or fire service (an “Entity”), these Terms apply in addition to any agreement between Work-Out and that Entity. If there is a conflict between these Terms and the agreement with the Entity regarding the provision of the services, the agreement with the Entity shall prevail.
If you do not agree with these Terms, you must not access or use WO-HPP.
2. Definitions
- Content means any information, text, images, files, responses, comments or other material that you or an authorised Entity submit, upload or make available through WO-HPP.
- Entity means any organisation that uses WO-HPP, including but not limited to sports clubs, companies, educational institutions, healthcare providers, Defence organisations, police services and fire services.
- Health Data means any personal information relating to your physical or mental health, wellbeing, fitness, medical history, injuries, training, performance or other health-related information processed through WO-HPP.
- MD-Team Member means an authorised professional designated by an Entity to support Users through WO-HPP, such as a coach, physician, physiotherapist, psychologist, nutritionist, instructor or other authorised specialist.
- Third-Party Services means external products, platforms or services that may integrate with WO-HPP, including wearable devices, health platforms or other third-party applications.
- User means the individual who creates an account or otherwise accesses or uses WO-HPP.
- WO-HPP means the Work-Out Human Performance Platform, including the mobile application, related software, cloud services, APIs and associated functionality made available by Work-Out.
- Work-Out means Stratco BV, a company incorporated under the laws of Belgium, trading under the commercial name Work-Out.
3. About Work-Out
Work-Out is the commercial brand of Stratco BV, a company incorporated under the laws of Belgium.
Work-Out develops and operates the Work-Out Human Performance Platform (WO-HPP), a digital platform designed to support Human Performance management across a wide range of environments, including sports, education, healthcare, companies, Defence, police and fire services.
WO-HPP enables authorised Users and Entities to record, manage and share information relating to training, health, wellbeing and performance. Depending on the Entity and the services provided, WO-HPP may include features such as training programmes, questionnaires, communication tools, wearable integrations, performance analytics and other Human Performance services.
Work-Out provides the technology platform. Professional services, coaching, medical care, training and other support provided through WO-HPP remain the responsibility of the relevant Entity and its authorised professionals.
4. Scope of the Agreement
These Terms govern your access to and use of WO-HPP, including the mobile application and any related services, features and functionality made available by Work-Out.
These Terms apply regardless of whether you access WO-HPP as an individual or through an Entity.
These Terms do not govern the relationship between you and any Entity, MD-Team Member or other authorised professional using WO-HPP. Any coaching, medical care, training, assessments, employment, education or other professional services provided to you remain solely the responsibility of the relevant Entity and its authorised professionals.
Additional terms, policies or notices may apply to specific features or services within WO-HPP. Where applicable, such terms form part of these Terms.
5. Eligibility and User Accounts
5.1 Eligibility
You must be at least the minimum legal age required in your country to create an account or otherwise have the consent of a parent, legal guardian or your Entity where required by applicable law.
By creating an account, you represent that the information you provide is accurate, complete and kept up to date.
5.2 User Account
You are responsible for maintaining the confidentiality of your account credentials and for all activities carried out using your account.
You must not share your account with another person or allow anyone else to access WO-HPP using your credentials.
5.3 Identity Verification
Where required by an Entity or for specific features or services, Work-Out may require you to verify your identity or use approved authentication methods before granting access to WO-HPP.
6. Access to WO-HPP
Work-Out grants you a limited, non-exclusive, non-transferable and revocable licence to access and use WO-HPP in accordance with these Terms.
Your access to WO-HPP may depend on your relationship with an Entity and the permissions assigned to your account. Certain features and functionality may only be available to Users authorised by an Entity.
Work-Out may modify, improve, update or discontinue features of WO-HPP from time to time. We may also perform maintenance or security updates that temporarily affect the availability of the platform.
Access to WO-HPP requires a compatible device and internet connection. You are responsible for any costs associated with your device or internet access.
7. Using WO-HPP
WO-HPP is designed to support Human Performance by enabling Users to record, access and share information relevant to their activities within an Entity.
Depending on the services made available by your Entity, WO-HPP may allow you to:
- view and complete training programmes;
- complete questionnaires, assessments and tests;
- record health, wellbeing and performance information;
- communicate with authorised MD-Team Members;
- view reports, progress and insights;
- connect compatible wearable devices and Third-Party Services; and
- access additional features made available by Work-Out or your Entity.
The availability of specific features depends on your Entity, your assigned permissions and the services enabled within WO-HPP. Work-Out does not guarantee that all features will be available to every User.
8. User Responsibilities
When using WO-HPP, you agree to:
- provide accurate and up-to-date information where required;
- keep your account credentials secure and confidential;
- use WO-HPP in a lawful, respectful and responsible manner;
- comply with these Terms and any reasonable instructions provided by your Entity regarding the use of WO-HPP;
- promptly notify your Entity or Work-Out if you become aware of any unauthorised access to your account or any security issue affecting WO-HPP.
You remain responsible for all activities carried out using your account.
9. Acceptable Use
You must not use WO-HPP to:
- violate any applicable law or the rights of others;
- impersonate another person or create fraudulent accounts;
- upload malicious software, harmful code or other content intended to disrupt WO-HPP;
- attempt to gain unauthorised access to WO-HPP, its systems or other user accounts;
- interfere with the security, integrity or availability of WO-HPP;
- copy, modify, reverse engineer, scrape or otherwise misuse WO-HPP or its underlying technology, except where expressly permitted by applicable law; or
- use WO-HPP in any manner that may damage, disable or adversely affect the platform or other users.
Work-Out may investigate suspected violations of these Terms and take appropriate action, including restricting, suspending or terminating access to WO-HPP where reasonably necessary.
10. Health and Performance Information
WO-HPP may process information relating to your health, wellbeing, fitness, training, performance and other Human Performance data in order to provide the services made available by your Entity.
You acknowledge that authorised MD-Team Members and your Entity may access, create, update and manage such information in accordance with their responsibilities and applicable laws.
WO-HPP is a software platform designed to support Human Performance management. It does not provide medical diagnoses, treatment or professional healthcare advice and is not intended to replace the judgement of qualified professionals.
If you believe you are experiencing a medical emergency or require urgent medical assistance, you should immediately contact the appropriate emergency services or a qualified healthcare professional.
11. Data Shared by Entities and MD-Team Members
Your Entity and its authorised MD-Team Members may create, upload, import, manage or update information relating to you within WO-HPP, including health, wellbeing, training, performance and other Human Performance information.
Such information may originate from assessments, questionnaires, wearable devices, third-party systems or other sources used by your Entity.
Work-Out provides the technology platform through which this information is processed. The accuracy, completeness and lawful use of such information remain the responsibility of the relevant Entity and its authorised MD-Team Members.
If you have questions regarding information shared by your Entity, you should contact the relevant Entity or authorised MD-Team Member.
12. Wearables and Third-Party Integrations
WO-HPP may allow you to connect compatible wearable devices, health platforms and other Third-Party Services.
By connecting a Third-Party Service, you authorise WO-HPP to receive and process the data you choose to share in accordance with these Terms and our Privacy Notice.
The availability and functionality of Third-Party Services depend on the relevant provider and may change, be interrupted or be discontinued without notice. Work-Out is not responsible for the availability, accuracy or performance of Third-Party Services.
Your use of any Third-Party Service may also be subject to the terms and privacy policies of the relevant provider.
13. Privacy and Data Protection
Work-Out is committed to protecting your privacy and processing personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (“GDPR”).
Information about how Work-Out collects, uses, stores and protects your personal data, as well as your privacy rights, is available in our Privacy Notice.
Where you use WO-HPP through an Entity, your Entity may act as the controller of certain personal data processed within WO-HPP. In such cases, the Entity is responsible for determining the purposes and means of processing your personal data in accordance with applicable law.
14. Intellectual Property
All intellectual property rights relating to WO-HPP, including the software, mobile application, platform, design, trademarks, logos, databases, content, algorithms and underlying technology, remain the property of Work-Out or its licensors.
Subject to these Terms, Work-Out grants you a limited, non-exclusive, non-transferable and revocable licence to use WO-HPP for its intended purpose.
You retain ownership of the Content you submit to WO-HPP. By submitting Content, you grant Work-Out a limited licence to process, store, transmit and display such Content solely for the purpose of operating, maintaining, securing and improving WO-HPP.
Nothing in these Terms transfers any intellectual property rights from Work-Out to you.
15. Availability, Updates and Support
Work-Out uses commercially reasonable efforts to maintain the availability and performance of WO-HPP. However, WO-HPP is provided on an “as available” basis, and uninterrupted or error-free availability cannot be guaranteed.
Work-Out may perform maintenance, security updates, bug fixes, performance improvements and functional enhancements from time to time. Such activities may temporarily affect the availability or functionality of WO-HPP.
Support for WO-HPP may be provided by Work-Out, your Entity or both, depending on how WO-HPP is made available to you.
16. Security
Work-Out implements appropriate technical and organisational measures designed to protect WO-HPP and the personal data processed through the platform against unauthorised access, loss, misuse, alteration or disclosure.
You are responsible for protecting your account credentials and for using WO-HPP in a secure manner. You should promptly report any suspected unauthorised access to your account or any security concerns relating to WO-HPP.
Work-Out may implement additional security measures or require updated authentication methods where reasonably necessary to protect WO-HPP, its users or the personal data processed through the platform.
17. Suspension and Termination
Work-Out may temporarily suspend or permanently terminate your access to WO-HPP where reasonably necessary to:
- protect the security, integrity or availability of WO-HPP;
- investigate suspected violations of these Terms;
- comply with applicable laws or legal obligations; or
- prevent unlawful, fraudulent or abusive use of WO-HPP.
Where reasonably practicable, Work-Out will notify you before suspending or terminating your access, unless immediate action is required.
You may stop using WO-HPP at any time and, where available, request the deletion of your account in accordance with these Terms, our Privacy Notice and applicable law.
Suspension or termination of your account does not affect any rights or obligations that accrued before the suspension or termination became effective.
18. Disclaimer
WO-HPP is provided as a software platform designed to support Human Performance management.
While Work-Out continuously develops and maintains WO-HPP, the platform is provided on an “as available” basis. Except as expressly stated in these Terms or required by applicable law, Work-Out makes no warranties or guarantees regarding the uninterrupted availability, completeness, accuracy or fitness of WO-HPP for any particular purpose.
WO-HPP does not provide medical diagnoses, treatment, healthcare, coaching or other professional advice. Any information, insights or recommendations made available through WO-HPP are intended solely to support authorised Users and professionals and should not replace professional judgement.
Work-Out does not guarantee any specific health, wellbeing, performance or other outcomes resulting from the use of WO-HPP.
19. Limitation of Liability
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, Work-Out shall only be liable for direct damages resulting from a proven breach of these Terms or applicable law.
Work-Out shall not be liable for any indirect, incidental, consequential or punitive damages, including loss of profits, loss of revenue, loss of goodwill, loss of opportunity, loss of anticipated savings or loss of data.
Work-Out shall not be liable for losses resulting from:
- your misuse of WO-HPP;
- inaccurate or incomplete information provided by you or your Entity;
- decisions taken by your Entity or authorised MD-Team Members;
- failures or interruptions of Third-Party Services;
- internet or telecommunications failures; or
- circumstances constituting Force Majeure.
20. Force Majeur
Neither Work-Out nor you shall be liable for any failure or delay in performing obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of the affected party, including but not limited to natural disasters, war, terrorism, civil unrest, epidemics or pandemics, governmental actions, interruptions to utilities or telecommunications, cyberattacks by third parties, or failures of third-party infrastructure or cloud service providers.
The affected party shall use commercially reasonable efforts to minimise the impact of the Force Majeure event and resume performance as soon as reasonably practicable.
21. Governing Law and Jurisdiction
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Belgium, excluding its conflict of law rules.
The courts of the judicial district of Limburg, Division Hasselt, Belgium, shall have exclusive jurisdiction to settle any dispute arising out of or relating to these Terms, unless mandatory applicable law provides otherwise.
Where proceedings are conducted before the Belgian courts, the parties agree that the proceedings shall be conducted in the Dutch language to the extent permitted by applicable procedural law.
22. Changes to these Terms
Work-Out may update these Terms from time to time to reflect changes to WO-HPP, applicable laws, our services or our business operations.
Where required by applicable law or where changes materially affect your rights or obligations, Work-Out will provide reasonable notice through WO-HPP, by email or by other appropriate means.
The most recent version of these Terms will always be made available through WO-HPP or on our website. Your continued use of WO-HPP after the updated Terms become effective constitutes your acceptance of the revised Terms, unless applicable law requires a different form of consent.
23. Contact
If you have any questions about these Terms or your use of WO-HPP, you can contact Work-Out using the contact details below:
Work-Out
A commercial brand of Stratco BV
📧 Email: info@workout.sport
🌐 Website: https://www.workout.sport
Welcome to the Work-Out Platform! These terms explain how you can use our app, what we expect from you, and what you can expect from us.
By creating an account, you agree to these Terms & Conditions, so please read them carefully. If you have any questions, reach out anytime at info@workout.sport.
Who we are
The Work-Out Platform is operated by Stratco BV, a company based in Belgium. Our mission is to help you reach your goals by connecting you with qualified coaches through our app.
We provide the platform, your coaching happens through your connection with a Coach.
Who these terms apply to
These Terms apply to you as a User of the Work-Out mobile app (iOS or Android), whether you’re training for performance, fitness, well-being, or just to move more.
You’re not a Coach, and you don’t pay anything to use the app. Want to coach people on the platform? You’ll need a Coach account and a separate agreement. Contact us at info@workout.sport for any questions on how to become a Coach.
What does the Work-Out platform do
Our platform helps you:
Connect with a Coach
Share your goals, availability, and preferences
Follow training plans and log progress
Track your well-being (mood, energy, sleep, injuries, etc.)
Get reminders, insights, and support
You need a Coach connection to use the app, without one, most features won’t function properly.
What is not included
- We do not provide direct coaching, all coaching activities are managed through your Coach
You do not pay us anything. If there are fees, those are between you and your Coach
- We do not guarantee results, your progress depends on your effort, your Coach, and your personal situation
Your responsibilities
To keep the Work-Out Platform safe and useful for everyone:
Use accurate and honest information when signing up
Don’t pretend to be someone else
Use the app respectfully, no abuse, spam, or illegal activity
Don’t misuse or copy the platform (code, design, brand)
Respect your Coach’s time and advice
Don’t upload anything offensive or harmful
If you break these rules, we may suspend or remove your account.
Your data and privacy
We care deeply about your privacy. You can find the full details in our Privacy Policy, but in short:
We only collect what’s needed to deliver the service
You stay in control of your data (including health data)
We don’t sell your information
We keep things safe, secure, and GDPR-compliant
- We keep all data within the EU
Health data
The platform allows Users and MD-team members to enter and manage health-related information, including injuries, illnesses, and medical conditions. By using the platform, the User acknowledges and agrees that such data may be processed within the platform for performance and coaching purposes.
Users may access, update, or delete their health-related data at any time within the platform. Users acknowledge that assigned MD-team members may access and update such data as part of their coaching or support activities.
The Work-Out platform does not provide medical diagnosis or treatment. Users should consult qualified medical professionals for medical advice.
Data provided by MD-Team members
The platform allows MD-team members to upload or import data related to users from external sources. This may include historical performance or activity data.
By using the platform, the user acknowledges that such data may be processed within the platform under the responsibility of the MD-team member.
Users are encouraged to contact their MD-team member if they have questions regarding the origin or use of such data.
The Work-Out Platform may allow users to import their own data from third-party services in the future.
Intellectual property
The Work-Out name, logo, app design, and platform technology are protected and owned by us (Stratco BV).
You’re allowed to use the platform as intended, but:
You may not copy, resell, or reverse engineer any part of it
All content we provide remains ours unless stated otherwise
Your own uploaded content (e.g. notes, responses) remains yours
Account suspension or termination
You can stop using the app at any time by deleting your account via the app or contacting us.
We may suspend or terminate your access if:
You seriously breach these Terms
You misuse the platform or violate laws
We’re required to by legal authorities
We’ll always try to inform you first unless the issue is urgent or severe.
Liability and disclaimers
We provide the platform “as is”. While we work hard to keep it running smoothly:
We can’t promise it will always be 100% error-free or available
We’re not responsible for results from training or coaching, that’s between you and your Coach(es)
We’re not liable for indirect damages, loss of data, or health issues
Use of the platform is at your own risk, and we encourage you to consult with professionals where needed.
Changes to these Terms
We may update these Terms from time to time. If the changes are significant, we’ll let you know via email or in the app.
You can always find the latest version on our website.
Contact
If you have any questions about these Terms, your account, or the platform, contact us at: info@workout.sport
Welcome to the Work-Out Platform! These terms explain how you can use our app, what we expect from you, and what you can expect from us.
By creating an account, you agree to these Terms & Conditions, so please read them carefully. If you have any questions, reach out anytime at info@workout.sport.
Who we are
The Work-Out Platform is operated by Stratco BV, a company based in Belgium. Our mission is to help you reach your goals by connecting you with qualified coaches through our app.
We provide the platform, your coaching happens through your connection with a Coach.
Who these terms apply to
These Terms apply to you as a User of the Work-Out mobile app (iOS or Android), whether you’re training for performance, fitness, well-being, or just to move more.
You’re not a Coach, and you don’t pay anything to use the app. Want to coach people on the platform? You’ll need a Coach account and a separate agreement. Contact us at info@workout.sport for any questions on how to become a Coach.
What does the Work-Out platform do
Our platform helps you:
Connect with a Coach
Share your goals, availability, and preferences
Follow training plans and log progress
Track your well-being (mood, energy, sleep, injuries, etc.)
Get reminders, insights, and support
You need a Coach connection to use the app, without one, most features won’t function properly.
What is not included
- We do not provide direct coaching, all coaching activities are managed through your Coach
You do not pay us anything. If there are fees, those are between you and your Coach
- We do not guarantee results, your progress depends on your effort, your Coach, and your personal situation
Your responsibilities
To keep the Work-Out Platform safe and useful for everyone:
Use accurate and honest information when signing up
Don’t pretend to be someone else
Use the app respectfully, no abuse, spam, or illegal activity
Don’t misuse or copy the platform (code, design, brand)
Respect your Coach’s time and advice
Don’t upload anything offensive or harmful
If you break these rules, we may suspend or remove your account.
Your data and privacy
We care deeply about your privacy. You can find the full details in our Privacy Policy, but in short:
We only collect what’s needed to deliver the service
You stay in control of your data (including health data)
We don’t sell your information
We keep things safe, secure, and GDPR-compliant
- We keep all data within the EU
Data provided by MD-Team members
The platform allows MD-team members to upload or import data related to users from external sources. This may include historical performance or activity data.
By using the platform, the user acknowledges that such data may be processed within the platform under the responsibility of the MD-team member.
Users are encouraged to contact their MD-team member if they have questions regarding the origin or use of such data.
The Work-Out Platform may allow users to import their own data from third-party services in the future.
Intellectual property
The Work-Out name, logo, app design, and platform technology are protected and owned by us (Stratco BV).
You’re allowed to use the platform as intended, but:
You may not copy, resell, or reverse engineer any part of it
All content we provide remains ours unless stated otherwise
Your own uploaded content (e.g. notes, responses) remains yours
Account suspension or termination
You can stop using the app at any time by deleting your account via the app or contacting us.
We may suspend or terminate your access if:
You seriously breach these Terms
You misuse the platform or violate laws
We’re required to by legal authorities
We’ll always try to inform you first unless the issue is urgent or severe.
Liability and disclaimers
We provide the platform “as is”. While we work hard to keep it running smoothly:
We can’t promise it will always be 100% error-free or available
We’re not responsible for results from training or coaching, that’s between you and your Coach(es)
We’re not liable for indirect damages, loss of data, or health issues
Use of the platform is at your own risk, and we encourage you to consult with professionals where needed.
Changes to these Terms
We may update these Terms from time to time. If the changes are significant, we’ll let you know via email or in the app.
You can always find the latest version on our website.
Contact
If you have any questions about these Terms, your account, or the platform, contact us at: info@workout.sport
Welcome to the Work-Out Platform! These terms explain how you can use our app, what we expect from you, and what you can expect from us.
By creating an account, you agree to these Terms & Conditions, so please read them carefully. If you have any questions, reach out anytime at info@workout.sport.
Who we are
The Work-Out Platform is operated by Stratco BV, a company based in Belgium. Our mission is to help you reach your goals by connecting you with qualified coaches through our app.
We provide the platform, your coaching happens through your connection with a Coach.
Who these terms apply to
These Terms apply to you as a User of the Work-Out mobile app (iOS or Android), whether you’re training for performance, fitness, well-being, or just to move more.
You’re not a Coach, and you don’t pay anything to use the app. Want to coach people on the platform? You’ll need a Coach account and a separate agreement. Contact us at info@workout.sport for any questions on how to become a Coach.
What does the Work-Out platform do
Our platform helps you:
Connect with a Coach
Share your goals, availability, and preferences
Follow training plans and log progress
Track your well-being (mood, energy, sleep, injuries, etc.)
Get reminders, insights, and support
You need a Coach connection to use the app, without one, most features won’t function properly.
What is not included
- We do not provide direct coaching, all coaching activities are managed through your Coach
You do not pay us anything. If there are fees, those are between you and your Coach
- We do not guarantee results, your progress depends on your effort, your Coach, and your personal situation
Your responsibilities
To keep the Work-Out Platform safe and useful for everyone:
Use accurate and honest information when signing up
Don’t pretend to be someone else
Use the app respectfully, no abuse, spam, or illegal activity
Don’t misuse or copy the platform (code, design, brand)
Respect your Coach’s time and advice
Don’t upload anything offensive or harmful
If you break these rules, we may suspend or remove your account.
Your data and privacy
We care deeply about your privacy. You can find the full details in our Privacy Policy, but in short:
We only collect what’s needed to deliver the service
You stay in control of your data (including health data)
We don’t sell your information
We keep things safe, secure, and GDPR-compliant
- We keep all data within the EU
Intellectual property
The Work-Out name, logo, app design, and platform technology are protected and owned by us (Stratco BV).
You’re allowed to use the platform as intended, but:
You may not copy, resell, or reverse engineer any part of it
All content we provide remains ours unless stated otherwise
Your own uploaded content (e.g. notes, responses) remains yours
Account suspension or termination
You can stop using the app at any time by deleting your account via the app or contacting us.
We may suspend or terminate your access if:
You seriously breach these Terms
You misuse the platform or violate laws
We’re required to by legal authorities
We’ll always try to inform you first unless the issue is urgent or severe.
Liability and disclaimers
We provide the platform “as is”. While we work hard to keep it running smoothly:
We can’t promise it will always be 100% error-free or available
We’re not responsible for results from training or coaching, that’s between you and your Coach(es)
We’re not liable for indirect damages, loss of data, or health issues
Use of the platform is at your own risk, and we encourage you to consult with professionals where needed.
Changes to these Terms
We may update these Terms from time to time. If the changes are significant, we’ll let you know via email or in the app.
You can always find the latest version on our website.
Contact
If you have any questions about these Terms, your account, or the platform, contact us at: info@workout.sport
https://www.workout.sport is a Site operated by Stratco BV (“Work-out”, “We”, “Us” or “Our”). We are registered in Belgium under the company registration number 0798.170.339 and have our registered office at Hassaluthdreef 30, 3500 Hasselt, Belgium. Work-Out is the trade name of Stratco BV.
We are committed to protecting your privacy. This Privacy Policy applies to both our “Website” or “Site” (www.workout.sport) and our Work-Out Plans (Subscription Plans), including our associated mobile applications available on Google Play Store and Apple Store (“Apps”) owned and controlled by Us. Our Privacy Policy governs our personal Data processing including collection and usage. It also describes your choices regarding use, access and correction of your Personal Data. If you do not agree with this Privacy Policy, We ask you not to use our Site or Apps.
Our Site or Apps may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies.
These End User General Terms and Conditions (“Terms”) dictate your access to and usage of the services which includes the mobile application(s) and Website which are dedicated to coaching, athletic development, and performance. They establish a legally binding agreement between you, the “End User”, and Us.
By creating an account, you confirm that you accept these Terms and agree to comply with them. If we determine that a violation of these Terms presents a credible risk of harm to other users, our customers, our services, or any third parties, we reserve the right to suspend or terminate your access.
We will provide you with services for the Subscription Plan you select, including exercises, workouts, workout programs, and other Content/resources that you or another user (defined below) uploads to the Application or Website as well as storing, processing and analysing End User data (defined below).
We may periodically update these Terms. If you have an active account, we will let you know when we do via an email or in-app notification. If you access or continue to use the services after being notified of any changes to these Terms, it is understood that you have read, comprehended, and agreed to abide by these Terms.
The following is an overview of the End User Terms of Use to help you find what you are looking for more easily:
- Defenitions: Detail on what the key terms in these Terms mean.
- General Terms: Here you will find information on how we provide our services, including information on access and acceptable use.
- Subscription termination and suspension
- Subscription Terms
- General Legal Terms: Here you will find the remaining legal terms that make up our terms of use.
- Miscellaneous
1. Definitions
- “MD-teammember” (Multi-Disciplinairy Teammmember) means a single individual (other than an End User) who is connected to the End User in a Subscription Plan. They will have access to the features of the Subscription Plan to create workouts, programs, and upload Content and schedule them for connected End Users; upload, create and manage Content including exercises, exercise technique videos, workouts, programs, and other video, image, and text files and similar Content: and view, edit, and analyse ‘End User Data’ as defined below. They may be employees, representatives, consultants, contractors or agents who are authorised by Work-Out to use a Subscription Plan.
- “Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the services and Subscription Plans.
- “Customer” means the person or entity using a Subscription Plan and identified in the applicable account record, billing statement, or online subscription process as the Customer.
- “Customer material” means all materials provided or posted, uploaded, input or submitted by the Customer and / or MD-teammember(s) for public display through the service, including exercises, exercise technique videos, workouts, programs, and other video, image, and text files and similar Content.
- “End User” means a single individual client or athlete (other than a MD-teammember) who is connected to a Subscription Plan and can receive workout programs and other Content, track their progress and share their ‘End User Data’ with them.
- “End User Data” is the data submitted by the End User via the “Work-out” App, Website or uploaded by a MD-teammember. For more information we refer to the Privacy Policy.
- “Free services” means the Subscription Plan or other products or features made available by us to you on an unpaid trial or free basis, which may or may not be limited in time and / or functionality.
- Sensitive Information” this includes credit or debit card numbers; personal financial account information; passwords; racial or ethnic origin; or other employment, financial or health information; and any personal data mentioned in the Privacy Policy as falling under the term ‘Special categories of personal data’.
- “Subscription Fee” means the amount you pay for a Subscription Plan.
- “Subscription Plan” means all of our web-based applications, tools and platforms that you have subscribed to or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via http://www.workout.sport or another designated URL.
- “Subscription Term” means the initial term of your subscription to the applicable Subscription Plan, as specified when selecting your plan, and at each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.
- “User Limit” means the number of Users that you may connect to with any given Subscription Plan.
2. General Terms
Access
During the Subscription Term, you will have access to use a Subscription Plan as described in these Terms and the applicable Subscription Plan. We may also provide you access to our Free services at any time by activating them in your account.
You are responsible for maintaining the confidentiality of your password and you should not share or disclose it to anyone else. You are solely responsible for the activities of anyone accessing the Application or Website using a password assigned to you, even if the individual is not authorised by you. You will notify us right away of any known or suspected unauthorised use of your password or your account by contacting us via info@workout.sport.
The End User controls (to the extent possible via the Website and / or Apps) what End User Data MD-teammember(s) have access to. The End User is responsible for this.
You can remove yourself from the Subscription Plan at the end of the billing cycle via the Application if you want to remove access to your End User Data.
Availability
We strive to make the services available 24 hours a day, 7 days a week, except for planned downtime for maintenance and unexpected events or service interruptions.
Fees and Payments
All fees are paid for by the Customer. We are not a party to or responsible for any agreements between Customers and End Users.
- The Subscription Fee will remain fixed during the Subscription Term unless you upgrade your plan.
- Regarding Payment Information, you will keep your contact information, billing information and credit card information (where applicable) up to date. Changes to your subscription may be made at any time via email to info@workout.sport or via the Settings page (if available) within your account. All payment obligations are non-cancellable, and all amounts paid are non-refundable, except as specifically provided for in these Terms. All fees are due and payable in advance throughout the Subscription Term.
Use and Limitations of use
- Acceptable use: If you have an End User account, you may use the services to receive coaching services from MD-teammember(s), track your progress and share your End User Data with your MD-teammember(s) so they can individualize your training to optimize your performance and minimize injury risk.
- Prohibited Use. You will not:
- engage in the distribution of unsolicited bulk communications (‘Spam’) via any communication channels.
- use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period than a human can reasonably produce in the same period by using a conventional browser; or use the service in any manner that damages, disables, overburdens, or impairs our Site or interferes with any other party’s use of the Subscription Plan;.
- attempt to gain unauthorised access to the services.
- access the service other than through our interface(s).
- use the services for any purpose or in any manner that is unlawful or prohibited by these Terms.
- harass, threaten, or defame, any person or entity via the services.
- engage in any fraudulent activities. The creation or use of false identities, identity theft, or manipulation of identities is forbidden, as is the utilisation or distribution of tools intended to generate fraudulent credentials or transactions. Unauthorised access to another user’s account or personal data is unacceptable, and any forms of financial or business fraud are not allowed.
You may not use the services if you are legally prohibited from receiving or using the services under the laws of the country in which you are resident or from which you access or use the services.
- You must be 16 years of age or older to create an End User account. Account creation for those under the age of 16 must be done on their behalf by their parents or legal guardians or provide their consent to the Customer for their child’s use of the services. By creating an account and agreeing to these Terms, you represent that:
- you meet any age restrictions included in these Terms, and
- the information you have provided is true, accurate, current, and complete.
- Prohibited Content. You may not post Content on or through the Site and Apps that is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter; provides any telephone numbers, street addresses, last names or email addresses of anyone except yourself; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other members; involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of sixteen (16), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or contains a virus or other harmful component.
- Responsibility for Content. You are responsible for all End User Content you post to your account. We will make reasonable efforts to prevent your End User Content from disclosure beyond the settings you select, but we cannot guarantee these settings will prevent your End User Content from being viewed or accessed by unintended third parties and we will not be liable for such disclosures. We are not responsible for and do not control Customer material, and, therefore, we do not guarantee the accuracy, integrity or quality of any Customer material. You understand that by using pages of the Site or the mobile applications on which Customers may post Customer material, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including any errors or omissions, settings viewing errors, or any loss or damage of any kind incurred as a result of the use of any Content.
- Rejection/removal of your Content. You acknowledge that we have no obligation to screen Content, but that we have the right (but not the obligation) in our sole discretion to screen, edit, refuse, or remove any content in our sole discretion, for any reason. Without limiting the foregoing, we have the right to remove from the Site and Apps any content that violates any provision of these Terms or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse by any person, please contact us via info@workout.sport.
- Ownership of your Content. We do not claim ownership rights of your End User content, you own and will retain any and all intellectual property rights that you may have in your End User content but you are required to grant us (and other users) a limited license to use, store and copy content, and to distribute it and/or make it available to third parties.
- Your warranties regarding your Content. By posting your End User Content via the Site and / or Apps, you represent and warrant that:
- you own all rights, title and interest in your Content, or otherwise have the right to grant the license, and
- the posting of your Content does not violate the intellectual property right, privacy rights, publicity rights, or any other rights of any third party.
- You may request the deletion of your account by sending a request to info@workout.sport. You will continue to be subject to these Terms for as long as you have access to an account.
- We are not responsible for viruses, and you must not introduce them.
3. Subscription termination and suspension
- Term and Renewal. Your initial subscription period will be specified in your Subscription Plan.
- The renewal pricing set forth in your Subscription Plan will apply. If you use our Free Services, we will make the Free Services available to you free of charge until it is terminated or until the start date of your paid subscription.
- No Early Termination and no refunds. The Subscription Term will end on the expiration date and cannot be cancelled early. We do not provide refunds if you decide to stop using your account during your Subscription Term.
- Termination for Cause. Either party may terminate these Terms for cause, as to any or all Subscription Plans:
- We may also terminate your account for cause on seven (7) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
- We may suspend any access to any or all Subscription Plans without notice for: use of the Subscription Plan in a way that violates applicable local laws or regulations or the terms of these Terms. We may, without notice, review, edit and delete any Customer data or Customer material that we determine in good faith violate these terms, provided that, we have no duty to pre-screen, control, monitor or edit your Customer data or Customer material.
- Suspension for Non-Payment. We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all Subscription Plans immediately after the service of such notice. We will not suspend the Subscription Plan while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Plan is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Plan.
- Suspension for Present Harm. If your use of the Subscription Plan: is being subjected to denial of service attacks or other disruptive activity, is being used to engage in denial of service attacks or other disruptive activity, is creating a security vulnerability for the subscription service or others, is consuming excessive bandwidth, or is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the subscription service. We will try to limit the suspension to the affected portion of the Subscription Plan and promptly resolve the issues causing the suspension of the Subscription Plan. Nothing in this clause limits our right to terminate for cause as outlined above, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
- Suspension and Termination of Free Services. We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free services due to your inactivity.
- Effect of Termination or Expiration. If your paid subscription is terminated or expires, we will continue to make available to you our Free services provided however, this may not be the case if your Customer Terms of Use was terminated for cause. You may request the deletion of your account after expiration or termination of your subscription by sending a request to info@workout.sport. You will continue to be subject to these Terms for as long as you have access to an account.
- Upon termination of your account, you will stop all use of the Subscription Plan and related Content. If we terminate your account for cause, you will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable.
4. Subscription Terms
Subscription Plans
We offer the following fees depending on the Subscription Plan you register yourself for:
- A free account for athletes allow you limited access to view, upload and access your own Content, as well as the free Content and features made available. A free account can have fewer features and functions available to you than if you register for a paid account.
- A paid athletes account which allows greater access to view and interact with Content and to access and use additional features and functions not available with a free account.
- There are different terms that apply depending on the subscription you purchase.
- We may modify the Subscription Plan from time to time, including by adding or deleting features and functions, to improve your experience.
Limits
For paid subscriptions, if we make modifications to the limits set forth in the plan that would negatively impact you, these modifications will not apply to you until the start of your next renewal Subscription Term. On renewal, the current product usage limits in our plans will apply to your subscription, unless you and we otherwise agree.
For our Free services, we may change the limits that apply to your use at any time in our sole discretion without notice to you, regardless of whether or not these are used in conjunction with other products or services for which you pay us a fee.
Downgrades
You may downgrade your subscription at any time via an email to info@workout.sport or via the Settings screen (if available). It is your responsibility to manage your Subscription Plan, and we will not provide refunds for subscription fees paid for higher than required limit.
Customer support
Email questions can be submitted via info@workout.sport. Email responses are provided during office hours only. We attempt to respond to email support questions within two business days. However, we do not promise or guarantee any specific response time.
Notice of Non-Renewal
Your subscription will automatically renew. To prevent renewal of your Subscription Plan, you must downgrade/cancel your Subscription Plan ahead of the next billing cycle.
5. General Legal Terms
End User Data
- Aggregated Data. We may monitor the use of the services by all our users and use the information gathered in an aggregate and anonymous manner.
- Safeguards. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect End User Data.
Work-out’s Proprietary Rights
These Terms is for access to and use of the services, and you are not granted a license to any software by these terms. The Service is protected by intellectual property laws, it belongs to and is the property of Work-out, and we retain all ownership rights to it. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Content or the services by any means, except as expressly authorized in writing by Us. You may not use any of our trademarks without our prior written permission.
We encourage all users to provide feedback on the services and provide suggestions for improving it. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the services, without payment. For this reason, we ask that you not send us any feedback that you do not wish to assign to us.
Indemnification
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against Us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of unauthorized or illegal use of the Service by you, your noncompliance with or breach of these Terms, or the unauthorized use of the services by any other person using your account information. We will: notify you in writing within fourty-five (45) days of us becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any assistance reasonably requested by you to handle the defence or settlement of the claim. You shall not accept any settlement that imposes an obligation on Us; requires us to make an admission; or imposes liability not covered by these indemnifications or places restrictions on Us without our prior written consent.
Limitations of Liability
- Warranties. We make no warranties about the suitability, reliability, availability, security or accuracy of the services or Content. This to the extent permitted by applicable laws and regulations.
- No Indirect Damages. To the extent permitted by law, in no event shall either party be liable for any indirect, incidental or consequential damages or loss off profits, revenue or business opportunities.
- No Medical Advice. The Content we provide, whether provided to Us by Coaches or other third parties is not intended and should not be used in place of the advice of any medical professionals. The Content we provide does not constitute medical advice.
- No Responsibility for Coaches. You acknowledge that you are solely responsible for your selection of any MD-teammember or other third party you choose to assist you with your training, and for any advice, coaching, training, or other services you receive from that MD-teammember.
6. Miscellaneous
Amendments
We may update and change any Content of these Terms. The updated Terms will become effective and binding on the next business day after it is published. When we change these Terms, the “Last Modified” date will be updated to reflect the date of the most recent version.
Actions Permitted
Except for actions for non-payment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to these Terms may be brought by either party more than one (1) year after the cause of action has accrued.
Compliance with Laws
We always reserve the right to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all laws in your use of the services.
Severability
If any part of these Terms is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in effect.
Notices
We may give electronic notices to you by email to your e-mail address(es) on record in our account information for you or through in-app notifications. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you. You must keep all of your account information current.
Entire Agreement
These Terms, along with our Privacy Policy, is the entire agreement between us for the services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. Our obligations are not contingent on the delivery of any future functionality or features of the services or dependent on any oral or written public comments made by us regarding future functionality or features of the services. We might make versions of these Terms available in languages other than English. If we do, the English version of these Terms will govern our relationship, and the translated version is provided for convenience only and will not be interpreted to modify the English version of these Terms.
Assignment
You will not assign or transfer these Terms without our prior written consent, which will not be unreasonably withheld.
No Third-Party Beneficiaries
Nothing in these Terms is intended to or shall confer upon any third party any right, benefit or remedy of any nature whatsoever.
https://www.workout.sport is a Site operated by Stratco BV (“Work-out”, “We”, “Us” or “Our”). We are registered in Belgium under the company registration number 0798.170.339 and have our registered office at Hassaluthdreef 30, 3500 Hasselt, Belgium. Work-Out is the trade name of Stratco BV.
We are committed to protecting your privacy. This Privacy Policy applies to both our “Website” or “Site” (www.workout.sport) and our Work-Out Plans (Subscription Plans), including our associated mobile applications available on Google Play Store and Apple Store (“Apps”) owned and controlled by Us. Our Privacy Policy governs our personal Data processing including collection and usage. It also describes your choices regarding use, access and correction of your Personal Data. If you do not agree with this Privacy Policy, We ask you not to use our Site or Apps.
Our Site or Apps may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies.
These End User General Terms and Conditions (“Terms”) dictate your access to and usage of the services which includes the mobile application(s) and Website which are dedicated to coaching, athletic development, and performance. They establish a legally binding agreement between you, the “End User”, and Us.
By creating an account, you confirm that you accept these Terms and agree to comply with them. If we determine that a violation of these Terms presents a credible risk of harm to other users, our customers, our services, or any third parties, we reserve the right to suspend or terminate your access.
We will provide you with services for the Subscription Plan you select, including exercises, workouts, workout programs, and other Content/resources that you or another Coach (as defined below) uploads to the Application or Website as well as storing, processing and analysing End User data (as defined below).
We may periodically update these Terms. If you have an active account, we will let you know when we do via an email or in-app notification. If you access or continue to use the services after being notified of any changes to these Terms, it is understood that you have read, comprehended, and agreed to abide by these Terms.
The following is an overview of the End User Terms of Use to help you find what you are looking for more easily:
- Defenitions: Verwijzingsbron niet gevonden.: Detail on what the key terms in these Terms mean.
- General Terms: Verwijzingsbron niet gevonden.: Here you will find information on how we provide our services, including information on access and acceptable use.
- Subscription termination and suspension
- Subscription Terms
- General Legal Terms: Verwijzingsbron niet gevonden.: Here you will find the remaining legal terms that make up our terms of use.
- Miscellaneous
1. Definitions
- “Coach” means a single individual (other than an End User) who is connected to the End User in a Subscription Plan. They will have access to the features of the Subscription Plan to (i) create workouts, programs, and upload Content and schedule them for connected End Users; (ii) upload, create and manage Content including exercises, exercise technique videos, workouts, programs, and other video, image, and text files and similar Content: and (iii) view, edit, and analyse ‘End User Data’ as defined below. They may be employees, representatives, consultants, contractors or agents who are authorised by Work-Out to use a Subscription Plan.
- “Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the services and Subscription Plans.
- “Customer” means the person or entity using a Subscription Plan and identified in the applicable account record, billing statement, or online subscription process as the Customer.
- “Customer material” means all materials provided or posted, uploaded, input or submitted by the Customer and / or Coach(es) for public display through the service, including exercises, exercise technique videos, workouts, programs, and other video, image, and text files and similar Content.
- “End User” means a single individual client or athlete (other than a Coach) who is connected to a Subscription Plan and can receive workout programs and other Content, track their progress and share their ‘End User Data’ with them.
- “End User Data” is the data submitted by the End User via the “Work-out” Ap, Website or uploaded by a Coach. For more information we refer to the Privacy Policy.
- “Free services” means the Subscription Plan or other products or features made available by us to you on an unpaid trial or free basis, which may or may not be limited in time and / or functionality.
- Sensitive Information” this includes credit or debit card numbers; personal financial account information; passwords; racial or ethnic origin; or other employment, financial or health information; and (b) any personal data mentioned in the Privacy Policy as falling under the term ‘Special categories of personal data’.
- “Subscription Fee” means the amount you pay for a Subscription Plan.
- “Subscription Plan” means all of our web-based applications, tools and platforms that you have subscribed to or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via http://www.workout.sport or another designated URL.
- “Subscription Term” means the initial term of your subscription to the applicable Subscription Plan, as specified when selecting your plan, and at each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.
- “User Limit” means the number of Users that you may connect to with any given Subscription Plan.
2. General Terms
Access
During the Subscription Term, you will have access to use a Subscription Plan as described in these Terms and the applicable Subscription Plan. We may also provide you access to our Free services at any time by activating them in your account.
You are responsible for maintaining the confidentiality of your password and you should not share or disclose it to anyone else. You are solely responsible for the activities of anyone accessing the Application or Website using a password assigned to you, even if the individual is not authorised by you. You will notify us right away of any known or suspected unauthorised use of your password or your account by contacting us via info@workout.sport.
The End User controls (to the extent possible via the Website and / or Apps) what End User Data Coach(es) have access to. The End User is responsible for this.
You can remove yourself from the Subscription Plan at the end of the billing cycle via the Application if you want to remove access to your End User Data.
Availability
We strive to make the services available 24 hours a day, 7 days a week, except for planned downtime for maintenance and unexpected events or service interruptions.
Fees and Payments
All fees are paid for by the Customer. We are not a party to or responsible for any agreements between Customers and End Users.
- The Subscription Fee will remain fixed during the Subscription Term unless you upgrade your plan.
- Regarding Payment Information, you will keep your contact information, billing information and credit card information (where applicable) up to date. Changes to your subscription may be made at any time via email to info@workout.sport or via the Settings page (if available) within your account. All payment obligations are non-cancellable, and all amounts paid are non-refundable, except as specifically provided for in these Terms. All fees are due and payable in advance throughout the Subscription Term.
Use and Limitations of use
- Acceptable use: If you have an End User account, you may use the services to receive coaching services from Coaches, track your progress and share your End User Data with your Coach(es) so they can individualize your training to optimize your performance and minimize injury risk.
- Prohibited Use. You will not:
- engage in the distribution of unsolicited bulk communications (‘Spam’) via any communication channels.
- use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period than a human can reasonably produce in the same period by using a conventional browser; or use the service in any manner that damages, disables, overburdens, or impairs our Site or interferes with any other party’s use of the Subscription Plan;.
- attempt to gain unauthorised access to the services.
- access the service other than through our interface(s).
- use the services for any purpose or in any manner that is unlawful or prohibited by these Terms.
- harass, threaten, or defame, any person or entity via the services.
- engage in any fraudulent activities. The creation or use of false identities, identity theft, or manipulation of identities is forbidden, as is the utilisation or distribution of tools intended to generate fraudulent credentials or transactions. Unauthorised access to another user’s account or personal data is unacceptable, and any forms of financial or business fraud are not allowed.
You may not use the services if you are legally prohibited from receiving or using the services under the laws of the country in which you are resident or from which you access or use the services.
- You must be 16 years of age or older to create an End User account. Account creation for those under the age of 16 must be done on their behalf by their parents or legal guardians or provide their consent to the Customer for their child’s use of the services. By creating an account and agreeing to these Terms, you represent that:
- you meet any age restrictions included in these Terms, and
- the information you have provided is true, accurate, current, and complete.
- Prohibited Content. You may not post Content on or through the Site and Apps that is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter; provides any telephone numbers, street addresses, last names or email addresses of anyone except yourself; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other members; involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of sixteen (16), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or contains a virus or other harmful component.
- Responsibility for Content. You are responsible for all End User Content you post to your account. We will make reasonable efforts to prevent your End User Content from disclosure beyond the settings you select, but we cannot guarantee these settings will prevent your End User Content from being viewed or accessed by unintended third parties and we will not be liable for such disclosures. We are not responsible for and do not control Customer material, and, therefore, we do not guarantee the accuracy, integrity or quality of any Customer material. You understand that by using pages of the Site or the mobile applications on which Customers may post Customer material, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including any errors or omissions, settings viewing errors, or any loss or damage of any kind incurred as a result of the use of any Content.
- Rejection/removal of your Content. You acknowledge that we have no obligation to screen Content, but that we have the right (but not the obligation) in our sole discretion to screen, edit, refuse, or remove any content in our sole discretion, for any reason. Without limiting the foregoing, we have the right to remove from the Site and Apps any content that violates any provision of these Terms or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse by any person, please contact us via info@workout.sport.
- Ownership of your Content. We do not claim ownership rights of your End User content, you own and will retain any and all intellectual property rights that you may have in your End User content but you are required to grant us (and other users) a limited license to use, store and copy content, and to distribute it and/or make it available to third parties.
- Your warranties regarding your Content. By posting your End User Content via the Site and / or Apps, you represent and warrant that:
- you own all rights, title and interest in your Content, or otherwise have the right to grant the license, and
- the posting of your Content does not violate the intellectual property right, privacy rights, publicity rights, or any other rights of any third party.
- You may request the deletion of your account by sending a request to info@workout.sport. You will continue to be subject to these Terms for as long as you have access to an account.
- We are not responsible for viruses, and you must not introduce them.
3. Subscription termination and suspension
- Term and Renewal. Your initial subscription period will be specified in your Subscription Plan.
- The renewal pricing set forth in your Subscription Plan will apply. If you use our Free Services, we will make the Free Services available to you free of charge until it is terminated or until the start date of your paid subscription.
- No Early Termination and no refunds. The Subscription Term will end on the expiration date and cannot be cancelled early. We do not provide refunds if you decide to stop using your account during your Subscription Term.
- Termination for Cause. Either party may terminate these Terms for cause, as to any or all Subscription Plans:
- We may also terminate your account for cause on seven (7) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
- We may suspend any access to any or all Subscription Plans without notice for: use of the Subscription Plan in a way that violates applicable local laws or regulations or the terms of these Terms. We may, without notice, review, edit and delete any Customer data or Customer material that we determine in good faith violate these terms, provided that, we have no duty to pre-screen, control, monitor or edit your Customer data or Customer material.
- Suspension for Non-Payment. We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all Subscription Plans immediately after the service of such notice. We will not suspend the Subscription Plan while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Plan is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Plan.
- Suspension for Present Harm. If your use of the Subscription Plan: is being subjected to denial of service attacks or other disruptive activity, is being used to engage in denial of service attacks or other disruptive activity, is creating a security vulnerability for the subscription service or others, is consuming excessive bandwidth, or is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the subscription service. We will try to limit the suspension to the affected portion of the Subscription Plan and promptly resolve the issues causing the suspension of the Subscription Plan. Nothing in this clause limits our right to terminate for cause as outlined above, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
- Suspension and Termination of Free Services. We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free services due to your inactivity.
- Effect of Termination or Expiration. If your paid subscription is terminated or expires, we will continue to make available to you our Free services provided however, this may not be the case if your Customer Terms of Use was terminated for cause. You may request the deletion of your account after expiration or termination of your subscription by sending a request to info@workout.sport. You will continue to be subject to these Terms for as long as you have access to an account.
- Upon termination of your account, you will stop all use of the Subscription Plan and related Content. If we terminate your account for cause, you will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable.
4. Subscription Terms
Subscription Plans
We offer the following fees depending on the Subscription Plan you register yourself for:
- A free account for athletes allow you limited access to view, upload and access your own Content, as well as the free Content and features made available. A free account can have fewer features and functions available to you than if you register for a paid account.
- A paid athletes account which allows greater access to view and interact with Content and to access and use additional features and functions not available with a free account.
- There are different terms that apply depending on the subscription you purchase.
- We may modify the Subscription Plan from time to time, including by adding or deleting features and functions, to improve your experience.
Limits
For paid subscriptions, if we make modifications to the limits set forth in the plan that would negatively impact you, these modifications will not apply to you until the start of your next renewal Subscription Term. On renewal, the current product usage limits in our plans will apply to your subscription, unless you and we otherwise agree.
For our Free services, we may change the limits that apply to your use at any time in our sole discretion without notice to you, regardless of whether or not these are used in conjunction with other products or services for which you pay us a fee.
Downgrades
You may downgrade your subscription at any time via an email to info@workout.sport or via the Settings screen (if available). It is your responsibility to manage your Subscription Plan, and we will not provide refunds for subscription fees paid for higher than required limit.
Customer support
Email questions can be submitted via info@workout.sport. Email responses are provided during office hours only. We attempt to respond to email support questions within two business days. However, we do not promise or guarantee any specific response time.
Notice of Non-Renewal
Your subscription will automatically renew. To prevent renewal of your Subscription Plan, you must downgrade/cancel your Subscription Plan ahead of the next billing cycle.
5. General Legal Terms
End User Data
- Aggregated Data. We may monitor the use of the services by all our users and use the information gathered in an aggregate and anonymous manner.
- Safeguards. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect End User Data.
Work-out’s Proprietary Rights
These Terms is for access to and use of the services, and you are not granted a license to any software by these terms. The Service is protected by intellectual property laws, it belongs to and is the property of Work-out, and we retain all ownership rights to it. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Content or the services by any means, except as expressly authorized in writing by Us. You may not use any of our trademarks without our prior written permission.
We encourage all users to provide feedback on the services and provide suggestions for improving it. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the services, without payment. For this reason, we ask that you not send us any feedback that you do not wish to assign to us.
Indemnification
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against Us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) unauthorized or illegal use of the Service by you, (b) your noncompliance with or breach of these Terms, or (c) the unauthorized use of the services by any other person using your account information. We will: notify you in writing within fourty-five (45) days of us becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any assistance reasonably requested by you to handle the defence or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on Us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on Us without our prior written consent.
Limitations of Liability
- Warranties. We make no warranties about the suitability, reliability, availability, security or accuracy of the services or Content. This to the extent permitted by applicable laws and regulations.
- No Indirect Damages. To the extent permitted by law, in no event shall either party be liable for any indirect, incidental or consequential damages or loss off profits, revenue or business opportunities.
- No Medical Advice. The Content we provide, whether provided to Us by Coaches or other third parties is not intended and should not be used in place of the advice of any medical professionals. The Content we provide does not constitute medical advice.
- No Responsibility for Coaches. You acknowledge that you are solely responsible for your selection of any Coach or other third party you choose to assist you with your training, and for any advice, coaching, training, or other services you receive from that Coach.
6. Miscellaneous
Amendments
We may update and change any Content of these Terms. The updated Terms will become effective and binding on the next business day after it is published. When we change these Terms, the “Last Modified” date will be updated to reflect the date of the most recent version.
Actions Permitted
Except for actions for non-payment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to these Terms may be brought by either party more than one (1) year after the cause of action has accrued.
Compliance with Laws
We always reserve the right to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all laws in your use of the services.
Severability
If any part of these Terms is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in effect.
Notices
We may give electronic notices to you by email to your e-mail address(es) on record in our account information for you or through in-app notifications. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you. You must keep all of your account information current.
Entire Agreement
These Terms, along with our Privacy Policy, is the entire agreement between us for the services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. Our obligations are not contingent on the delivery of any future functionality or features of the services or dependent on any oral or written public comments made by us regarding future functionality or features of the services. We might make versions of these Terms available in languages other than English. If we do, the English version of these Terms will govern our relationship, and the translated version is provided for convenience only and will not be interpreted to modify the English version of these Terms.
Assignment
You will not assign or transfer these Terms without our prior written consent, which will not be unreasonably withheld.
No Third-Party Beneficiaries
Nothing in these Terms is intended to or shall confer upon any third party any right, benefit or remedy of any nature whatsoever.