TERMS OF SERVICE
Last Updated as of October 2024
If you do not understand any of the terms of this Agreement, please contact us before using the Services.
1. Definitions and Interpretation
Unless otherwise defined herein, or the context otherwise dictates, capitalized terms used in the Terms of Service shall have the indicated meanings set forth in Exhibit “A” attached hereto.
2. Acceptance
a. By directly or indirectly accessing or making use of the Services of Outright Fitness LLC. (the “Vendor”), and/or by clicking the acceptance button, you: (i) signify your agreement to be bound by the terms and conditions set out in this Terms of Service (including its Exhibit) and the Vendor’s privacy policy found at https://outrightfitnessapp.com/privacy-policy/ incorporated herein by reference (collectively, the “Terms of Service”); and (ii) represent and warrant that you are older than 18 years of age and that you have, and at all times shall have, the necessary power, capacity, and authority to enter into, abide by, comply with, and perform your obligations under the Terms of Service.
b. The Vendor reserves the right, at its sole discretion, to amend the Terms of Service at any time and without notice. The most current version will always be available at https://outrightfitnessapp.com/legal. You acknowledge and agree that continued use of the Services following any amendment signifies your acceptance of the updated Terms of Service.
c. Subject to the Terms of Service, if you do not agree to the Terms of Service or any subsequent amendments, you and your Agents cannot use the Services, and any Terms of Service previously entered into must forthwith be terminated by you pursuant to Section 15(a).
3. Special Consents and Acknowledgments
a. YOU ACKNOWLEDGE AND AGREE THAT:
i. IF YOU HAVE AN EMERGENCY, URGENT HEALTH CONCERN, OR NEED TO OBTAIN MEDICAL ADVICE, YOU SHOULD REFRAIN FROM USING THE SERVICES AND SHOULD IMMEDIATELY CONTACT YOUR PHYSICIAN OR GO TO THE NEAREST HOSPITAL;
ii. THE INFORMATION CONTAINED WITHIN THE SERVICES AND THE CONTENT IS GENERAL IN NATURE, AND NOTHING CONSTITUTES MEDICAL ADVICE. YOU SHOULD NOT RELY ON ANYTHING CONTAINED WITHIN THE SERVICES AS A SUBSTITUTE FOR APPROPRIATE MEDICAL CARE OR TIMELY CONTACT WITH YOUR PHYSICIAN;
iii. THE VENDOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING WORKOUT PLANS, EXERCISE VIDEOS, OR TRAINERS, AND YOUR INTERACTIONS WITH TRAINERS ARE AT YOUR OWN RISK;
iv. YOU SHOULD NEVER CHANGE OR STOP ANY COURSE OF MEDICAL TREATMENT WITHOUT FIRST CONSULTING YOUR PHYSICIAN; AND
v. PARTICIPATING IN ANY EXERCISE PROGRAM OR DIET CAN CAUSE INJURY, AND YOU CHOOSE TO DO SO AT YOUR OWN RISK.
4. License to Use Services
a. Subject to your compliance with the Terms of Service, the Vendor grants you a revocable, personal, non-exclusive, non-sublicensable, non-assignable, and non-transferable license to use the Services procured or purchased by you.
b. All right, title, interest, and intellectual property rights in the Services and Vendor trademarks remain the exclusive property of the Vendor and its licensors.
c. The Vendor reserves all rights not expressly granted to you in the Terms of Service.
5. Information and Access IDs
a. To use the Services, you must provide accurate and complete information, including your full legal name, address, email, and phone number. You may also be asked to provide payment details for any Fees and Charges related to the Services.
b. You agree to: (i) maintain the security of your Access IDs, (ii) prevent unauthorized access to the Services, and (iii) promptly notify the Vendor of any unauthorized access.
6. Payment Processing
Payment processing services are provided by Stripe and PayPal (the “Payment Processing Services Providers”). You authorize the Vendor to share financial information with these providers as necessary for payment processing. The Vendor is not responsible for the actions or errors of these third-party providers.
7. Payment of Fees to Vendor
a. If you are an Outright Fitness Customer, you agree to:
i. PAY MONTHLY FEES BASED ON YOUR SUBSCRIPTION PLAN. SUBSCRIPTIONS ARE MONTH-TO-MONTH WITH NO CONTRACT. YOU MUST CANCEL YOUR SUBSCRIPTION BY LOGGING INTO YOUR ACCOUNT BEFORE YOUR NEXT BILLING DATE. ALL ACCOUNTS ARE SELF-MANAGED.
ii. The Vendor offers 3-7 day trial periods for certain services. After the trial, subscriptions will automatically renew unless cancelled by you.
iii. If you fail to pay Fees, the Vendor may suspend or terminate your access to the Services, and interest may be charged on overdue amounts at 10% per annum or the highest legal rate.
iv. All payments are non-refundable, and you agree to pay all applicable taxes and fees.
8. Products and Services, Trainerize Pay, and Payment Facilitation
a. As a Trainee, you agree that any charges for services or goods received through the Services are non-refundable unless determined otherwise by the Vendor.
b. As a Service Provider, you agree to comply with the terms and fees of the Payment Processing Services Providers.
9. General Use of the Services – Permissions and Restrictions
a. You shall not use the Services to violate the rights of others or engage in illegal activities.
b. You shall not interfere with the Services or their associated networks.
10. Content
All videos are hosted via YouTube. By using the Services, you agree to comply with YouTube’s Terms of Service. The Vendor uses Zapier for automation processes, and your data may pass through these services.
11. Termination, Modification, and Suspension
The Vendor may terminate, suspend, or modify your access to the Services at any time without notice for any reason, including failure to comply with these Terms of Service.
12. Warranty Disclaimer
THE SERVICES ARE PROVIDED “AS IS,” AND THE VENDOR MAKES NO WARRANTIES REGARDING THE SERVICES OR CONTENT PROVIDED.
13. Limitation of Liability
THE VENDOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
14. Indemnity by You
You agree to indemnify and hold harmless the Vendor from any claims or damages arising from your use of the Services.
15. Updates and Availability of Services
The Vendor may provide updates to the Services at its discretion. The Services may be interrupted for maintenance or other reasons.
16. Contact the Vendor
If you have any questions, complaints, or claims, please contact us at info@outrightfitness.com.
EXHIBIT “A”
DEFINITIONS AND INTERPRETATION
“Access IDs” means the unique identification names and corresponding passwords assigned to a Outright Fitness Customer and the Trainers and Trainees who have been authorized to access and use the Services procured by such Outright Fitness Customer, and allowing such persons to access and use the Services, and “Access ID” shall be construed accordingly.
“Agents” means, with respect to a Party, such Party’s agents, employees, consultants, contractors and/or other authorized representatives, and “Agent” shall be construed accordingly.
“Content” means any material posted on, submitted on, uploaded to, made available to and/or appearing on the Services, including without limitation, data, information, text, graphics, photos, videos, charts, or location information.
“Fee Schedule” means the Vendor’s fee schedule, as provided by the Vendor to certain users of the Services from time to time, setting out the cost of the respective Usage Plans, and/or the cost of the respective In-Application Purchases, as applicable.
“In-Application Purchases” means the supplementary products, services and/or functionality offered for sale by the Vendor, which is not otherwise included in the cost of the Usage Plan subscribed to by a Outright Fitness Customer.
“Parties” means the parties to the Terms of Service, and “Party” shall be construed accordingly.
“Services” means the services offered or made available by the Vendor, including without limitation the Trainerize software as a service platform, and any website, application or widget associated therewith, as modified by the Vendor by way of Updates from time to time.
“Trainee” means a person directly or indirectly accessing or making use of the Services procured by a Outright Fitness Customer as a trainee, including without limitation, for the purpose of accessing, obtaining or otherwise acquiring fitness training services from the Outright Fitness Customer and/or a Trainer, and “Trainees” shall be construed accordingly.
“Trainer” means a person directly or indirectly accessing or making use of the Services procured by a Outright Fitness Customer as a trainer, including without limitation, for the purpose of offering, providing or otherwise furnishing fitness training services to one or more Trainees, and “Trainers” shall be construed accordingly.
“Trial Subscription Plans” means the free or discounted Subscription Plans, and “Trial Subscription Plan” shall be construed accordingly.
“Outright Fitness Customer” means a person who procures Services from the Vendor, including without limitation, by placing an order for a specific Usage Plan with the Vendor, thereby allowing access to, and use of, such Services by the Outright Fitness Customer and the related Trainers and Trainees, and “Outright Fitness Customers” shall be construed accordingly.
“Updates” means versions of the Services that contain functional enhancements, modifications, error corrections and/or fixes relating to the Services, and “Update” shall be construed accordingly.
“Subscription Plans” means the access plans to the Services offered for sale or, with respect to certain Trial Subscription Plans, on a no-charge basis, by the Vendor to Outright Fitness Customers, each such plan allowing the Outright Fitness Customer and a certain set number of Trainers and Trainees to access and use the Services or certain features thereof procured by the Outright Fitness Customer, through the use of Access IDs, and “Usage Plan” shall be construed accordingly.
“you”, “your” and/or “yourself” means either the Outright Fitness Customer, Trainer or Trainee entering into the Terms of Service, as applicable.
“Your Content” means Content posted, submitted, made available, uploaded and/or displayed on or through the Services by you or your Agents, whether directly or through third party sites, applications or products (including without limitation any media (including photos, videos and accompanying music), fitness or health tracking data, nutritional data or other data or information that you may make available to the Services from a third party site, application or product and any and all information you upload or make available through any document management features of the Services).
