Terms of Service

Effective Date: August 1, 2025

Some important things We want to bring to your attention up front are as follows (more detail is provided in the full Terms of Service below this box):

These Terms of Service apply on and from the Effective Date stated above.
You must be 18 years of age or older to use the Service (or 13 – 17 years old with parent/guardian consent) – see clause 1.3.
We reserve the right to change the Service and these Terms of Service as We see fit but We will act reasonably when doing so and will notify users by posting an updated version of the Terms on the App and the applicable Websites – see clauses 2 and 8.1.
You can access the relevant Exercise library free of charge for 3 days from the date You download the App (so You can get a feel for the TrainLike service) but after that You can only access the Exercises, Workouts and Programs with a paid Subscription – see clauses 3.3 and 4.
Each user of the App or any Website consents to Us collecting, using, storing and disclosing personal information and other information about that user for the purposes of the TrainLike Group (or its individual members) providing the Service (as defined below) and for other purposes set out in Our Privacy Policy – see clause 9 below (which doubles as our Collection Notice for the personal information We collect) and Our Privacy Policy for further details.
You can terminate Your use of the Service or the App at any time. Equally, We may also terminate the Service or Your access to it for various reasons and We cannot undertake that the Service will always be available – see particularly clauses 14 and 15 for further details.
We do not provide a medical or health service and You should consult a medical practitioner or other health care provider before You commence any Exercise, Workout or Program activity through the App. You voluntarily assume all risks associated with engaging in any Exercise, Workout or Program activity. We are not liable for any injury or adverse medical or health condition arising as a result of You undertaking any Exercise, Workout or Program activity (including any personal injury You may incur) and You agree to indemnify Us against any and all costs, claims, charges, damages, demands, expenses, fines, penalties and liabilities of whatsoever nature arising out of or in connection with You undertaking any Exercise, Workout or Program. See clause 15.3 for more detail.
Our liability and, to a certain extent, Your liability under these Terms is limited as described in clause 16.
These Terms of Service are entered into by and between You and the Company and constitute a binding agreement between You and the Company. The Company enters into the agreement (as set out in these Terms) for and on behalf of itself and as agent for each of its Affiliates that offers or provides any Service in respect of that Service the Affiliate offers/provides – see clauses 1.1 and 19.1.

Please read all of the Terms of Service below before you use the Service, any Website or the App, or submit an order or make a purchase through the Service, so you are fully across the Terms before you do so. If you do not agree to all of these Terms of Service or any updated, changed or replaced Terms of Service, then you must stop using the Service, the Websites and the App.

Capitalised or defined terms used in these Terms of Service have the meanings given in the body of these Terms or in clause 20 below (unless the context requires otherwise).

1. These Terms of Service

1.1 Overview

(a) These Terms of Service are entered into by and between You and the Company and constitute a binding agreement between You and the Company with respect to their subject matter.

(b) The Company enters into this agreement (as set out in these Terms) for and on behalf of itself and as agent for each of its Affiliates that offers or provides any Service in respect only of that Service the Affiliate offers/provides.

(C) These Terms of Service govern any and all use of or access to the Service or any Service. Without limitation, the Terms govern Your access to and use of (1) Our Websites; (2) any Account We provide; (3) the App (as may be branded and adapted for each Category); (4) the Exercises, Exercise library, Workouts and Programs in each Category as made available through the App; (5) any Subscriptions, In-app Purchases, facility for Orders or submitting Orders and/or purchases of Goods; and (6) any other goods, services, content and/or features made available through the Websites or the App.

(d) These Terms of Service apply to all visitors to and users of the Service, any Website or the App, including without limitation You, users who are browsers, customers, merchants, vendors, and/ or contributors of content and any person that places an order for products and/or services or purchases products and/or services on or through the Service, any Website or the App.

(e) These Terms apply and are effective from the Effective Date stated above (“Effective Date”). We offer the Service, each Website and the App, including all information, tools and services available from or through any Website or the App to You, conditional upon Your acceptance of all terms, conditions, policies and other documents set out or referenced in these Terms.

1.2 Acceptance of these Terms

(a) By downloading or using the App, creating an Account, purchasing a Subscription, making an In-app Purchase or submitting an Order, using or accessing the Service or any Service (including accessing or using any Website) or otherwise indicating Your acceptance of these Terms, You acknowledge and agree that You have read these Terms and are bound by these Terms, and You hereby agree to these Terms.

(b) If You are a natural person acting on behalf of a Corporate Customer, You hereby represent and warrant to Us that You are authorised to enter into these Terms on behalf of the Corporate Customer and to bind the Corporate Customer to these Terms.

(C) If You do not agree to all of these Terms of Service or any updated, changed or replaced Terms of Service, or the Corporate Customer that You represent does not agree with all of these Terms of Service or any updated, changed or replaced Terms of Service, then You must stop using the Websites, the App and Our Service.

(d) Please read these Terms of Service carefully before accessing or using the Service or any Service.

1.3 Age of Users

(a) The Service is intended for Users who are aged 18 years or over. However, subject to any applicable laws in Your country of residence, if You are 13-17 years of age, We may allow You to use the Service (or certain parts of the Service) with Your Parent/Guardian’s express consent (again, subject to applicable laws).

(b) We do not permit those under 13 years of age to use the Service.

(C) By downloading the App, creating an Account, purchasing a Subscription, making an In-app Purchase or submitting an Order, or otherwise indicating Your acceptance of these Terms, You represent that:

(i) You are either (A) 18 years of age or over, or (B) 13-17 years of age and You have Your Parent/Guardian’s express consent to use the Service; and

(ii) if You are 13-17 years of age, You have read these Terms and agree that they constitute a legally binding agreement between You and the Company and You have Your Parent/Guardian’s express consent to use the Service and Your Parent/Guardian has agreed to these Terms on Your behalf; and

(iii) if You are 13-17 years of age and You have made a purchase from Us or payment to Us, Your Parent/Guardian has provided consent for such purchases and payments, and Your Parent/Guardian is responsible for any payments incurred or reversed.

(d) If You are a Parent/Guardian of a Minor that wishes to use the Service, You agree and acknowledge that You and the Minor are bound by these Terms and You assume full responsibility for the Minor’s use of the Service, including the Minor’s compliance with these Terms and any financial obligations incurred in respect of the Terms or the Service.

(e) If You are a Minor, in addition to the requirements set out above, We may require You to:

(i) verify Your Parent/Guardian’s consent, such as by providing a signed consent from Your Parent/Guardian (on the terms outlined above) that is valid in Your country of residence; and/or

(ii) provide other evidence (to Our reasonable satisfaction) that Your Parent/Guardian has consented to Your use of the Service and that Your Parent/Guardian has agreed to these Terms on Your behalf.

If We ask You to provide any such material to confirm the relevant consent and You do not do so, You agree We may immediately remove Your access to the Service and the App without further notice to You (or Your Parent/Guardian) and/or terminate Your Account and any Subscription.

(f) If at any time We determine that You do not have the necessary Parent/Guardian consent, We may immediately remove Your access to the Service and the App without further notice to You (or Your Parent/Guardian) and/or terminate Your Account and any Subscription (and delete any personal data collected from You in accordance with Our Privacy Policy and applicable Privacy Laws).

(g) If under the laws in Your country of residence You are prohibited from using the Service, We reserve the right at any time upon notice to You to terminate Your Account and Your access to the App (and we will refund to You any unutilised amount You have paid to Us).

(h) In order for Us to comply with this clause, We need You to provide Your age or date of birth when You engage with Us and We reserve the right to require You to confirm and/or prove Your age at any time including before We allow You to further use the Service or any part of the Service.

2. Changes to These Terms

2.1 We reserve the right, in Our sole discretion, to amend, modify or replace these Terms (in part or in whole) at any time by posting an updated version on the App and the applicable Websites. If any change is material, We will make reasonable efforts to provide at least 30 days’ notice before the changes take effect by posting the updated Terms on the App and the applicable Websites or notifying You via email or in-App notification.

2.2 It is Your responsibility to check the Terms periodically for changes and before You use or access the App or any Website. We encourage You to review these Terms periodically for updates.

2.3 Your continued use of any Service, the App or any Website after any changes become effective constitutes Your acceptance of the updated Terms. If You do not agree to the changed Terms, in whole or in part, You must stop using the App, the Websites and the Service on or before the date the changed terms take effect.

3. Your Account

3.1 Opening Your Account

(a) In order to download the App, You will be required to provide the App Store and Us certain information regarding You and any applicable related Corporate Customer (“User Information”) and open an Account with Us. At a minimum You must provide Us with Your full name, email address, location or time zone, age or date of birth, gender and Your preferred Exercise Category (“Minimum User Info”). If You are a Minor, You must also confirm that Your Parent/Guardian has consented and agreed to the matters outlined in clause 1.3.

(b) When You create an Account with Us, You must provide Us with User Information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account and Your access to the Service. We reserve the right to terminate Your Account and access to the Service if at any time Your Account does not contain the Minimum User Info which is verified as valid.

3.2 Login credentials

(a) You will require an email address (or username) and a password to login in to Your Account and to access the App. Alternatively, You may log in using a third-party authentication service (e.g., Apple Sign-In or Google Sign-In), where available.

(b) You agree not to share with any other person or entity, or authorise or allow any other person or entity to use, Your login credentials (including Your password) or other security information used to access the Service or Your Account or the App.

(C) You must take reasonable precautions to safeguard at all times Your login credentials and other security information used to access the Service. You also acknowledge that You are solely responsible for any activities or actions under Your login credentials/password, whether Your login credentials/password are stored and verified by Our Service or a third-party authentication provider (e.g., Apple Sign-In, Google Sign-In), unless such unauthorised use results from Our negligence or a breach of Our security obligations.

(d) If You become aware of any unauthorised use of Your Account, security breach, or suspected compromise of Your login credentials, You must notify Us immediately (via the Customer Support contact details as shown in clause 21 below or on the Website or App). You agree to cooperate with Us in any investigation of such incidents and to take reasonable steps to secure Your Account as instructed by Us.

(e) You must not use any login credentials, username, password or email address that:

(i) is or includes the name of another person or entity;

(ii) is not lawfully available for use;

(iii) belongs to another person or entity, without proper authorisation;

(iv) infringes any trademark or legal rights of another party; or

(v) is offensive, vulgar, obscene, or otherwise inappropriate at Our sole discretion.

3.3 Benefits available WITHOUT a Subscription (Basic Access)

(a) If You download the App and open an Account with Us, but do not purchase a Subscription, We will provide You with limited temporary access to the Exercise library in Your chosen Exercise Category as follows (“Basic Access”):

(i) As part of onboarding You must choose a single Category for Your Basic Access

(ii) We will provide You with in-App access to all Exercises in the Exercise library for that Category for a period of 3 (three) days from the date You download the App (or such other number of days as We advise You at the time You download the App) (the “Temporary Access Period”)

(b) Once the Temporary Access Period for Your Basic Access has expired, the Exercise library will lock until You purchase a Subscription. After the Temporary Access Period has expired You will not have access to any Exercises or the Exercise library until You purchase a Subscription.

4. Subscriptions

4.1 Subscription Service and fees

(a) The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis, depending on the type of Subscription plan You select when purchasing the Subscription.

(b) If You have downloaded the App and opened an Account with Us, You can choose to subscribe to the Service either on a monthly, quarterly or annual basis, or for such other periods that We may offer from time to time (the “Subscription Period”). You cannot purchase a Subscription unless You have downloaded the App and opened an Account, Your Account and access to the App remains in good standing pursuant to these Terms and You are not in breach of these Terms.

(C) The applicable Subscription fees are set forth on the relevant Website or on the applicable App Store from which the App can be downloaded. Eligibility for any promotions or discounts is ascertained at the time You subscribe and cannot be changed during the term of Your Subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.

4.2 Subscription fee changes

(a) We reserve the right to change the applicable Subscription fees (including the fees set out on the relevant App Stores where You subscribe to the Service), and the different Subscription packages and Exercise Categories and libraries included in a Subscription package, at any time at Our sole discretion.

(b) Any such changes will only apply prospectively to any new Subscription (or renewal of a Subscription) entered into after the effective date of the Subscription fee change. Existing Subscriptions will continue at their original Subscription fees until the end of their current paid Subscription Period.

(C) We will make reasonable efforts to provide at least 30 days’ prior notice of any change in Subscription fees taking effect in order to give You an opportunity to cancel / terminate Your Subscription before such change becomes effective. If You do not wish to continue under the new fee structure, You must cancel Your Subscription before the next renewal date to avoid being charged the updated fee.

4.3 Benefits available WITH a Subscription

If You purchase a Subscription, during the applicable Subscription Period purchased We will provide You with access to all Exercises, Workouts and Programs available through the Service within the Exercise Category subscribed for. You will only have access to the Exercise Category You subscribed for and only for the Subscription Period.

4.4 Payment of Subscription fees

(a) We may provide You with the ability to purchase a Subscription and pay the applicable Subscription fees through a third-party payment gateway provider (such as Stripe) or via the App Store where You downloaded the App (as an In-app Purchase). See clause 7 below for more detail on purchase and payment processing through Our payment gateway provider or an App Store.

(b) If You subscribe on a Website and pay the Subscription fee through Our third party payment gateway (such as Stripe payment) this clause 4 will apply to Your Subscription and payment of the Subscription fees (and clause 5 will not apply). If You subscribe and pay through an App Store this clause 4 and clause 5 will apply to Your Subscription and payment of the Subscription fees (and clause 5 will prevail in the event of any inconsistency between those clauses).

(C) The Subscription fees payable, as well as the currency in which Your Subscription fee is payable, will be specified during the Subscription (or In-app Purchase) process, and may vary depending on Your country of residence (as determined by the IP address of Your device used to access the App).

(d) When You purchase a Subscription, You must provide the applicable payment gateway provider (which may be the App Store) with complete, accurate and valid payment information. If We do not receive payment confirmation from the applicable payment gateway provider, or if any payment or confirmation is declined, revoked, reversed or subsequently cancelled, We may immediately terminate or suspend Your access to Your Subscription and the App.

(e) The payment gateway provider is responsible for providing You with an invoice and/or payment receipt if You request one. If You require an invoice and/or receipt, You may need to configure these settings within Your payment gateway account.

(f) If You require advance notice of Subscription renewal payments from the payment gateway provider, You may need to enable renewal notifications within Your payment gateway account settings, but it remains Your responsibility to manage Your Subscription renewal.

(g) We reserve the right to contact the payment gateway provider (and through the gateway provider, the payment card issuer) and/or law enforcement authorities or other appropriate authorities if there is suspicious activity regarding Your Subscription fee payment.

(h) In addition to the Subscription fee You are charged, certain banks and payment card issuers may charge a foreign transaction fee on transactions which take place outside the country the payment card is issued in or in a foreign currency. You are responsible for paying any such fees.

4.5 Automatic renewal of Subscriptions

(a) Your Subscription will automatically renew at the end of the initial Subscription Period (for a further Subscription Period of the same duration), and You will be required to pay the full Subscription fee then payable for the further Subscription Period, unless You cancel Your Subscription at least twenty-four (24) hours before the end of the current Subscription Period.

(b) We will use reasonable endeavours to provide You with 30 days’ prior notice of Your renewal date (by way of an email notice to the email address in Your account profile details) or the payment gateway provider may also provide You with notice (as mentioned above), if You request it to do so, but it remains Your responsibility to manage Your Subscription renewal. We (and the payment gateway provider) take no responsibility for such notice not reaching You if Your account profile email address is not current.

(C) If You do not pay the full Subscription fee for renewal of the Subscription (for the further Subscription Period) Your Subscription and Your access to the App will cease at the end of the Subscription Period that You have paid for.

4.6 Cancellation of Subscriptions by You

(a) Where You have subscribed and paid the Subscription Fee for the App through an App Store, the App Store controls all billing, renewals, and cancellations for the App. This means that, subject to any applicable Non-Excludable Rights:

(i) Users must cancel their Subscription directly through their App Store account (not through Us) and the cancellation of Your Subscription will be governed by the applicable terms and conditions of that App Store; and

(ii) We cannot process cancellations or refunds for App Store purchases – Users must follow the applicable App Store process.

(b) Where You have subscribed or paid the Subscription Fee for the App other than through an App Store, You may cancel Your Subscription at any time by either:

(i) navigating to Your profile page (in the App or on the applicable Website) and following the prompts to cancel Your Subscription; or

(ii) contacting the Company (via the Customer Support contact details as shown in clause 21 below or on the Website or App) and notifying Us that You wish to cancel Your Subscription from the end of the current Subscription Period,

in which case, Your Subscription will cease at the end of the current Subscription Period (that is, You will still be entitled to access the Subscription services on the App for the remainder of the Subscription Period that You have paid for).

5. In-app Purchases

5.1 The App may include In-app Purchases that allow You to purchase a Subscription or other products or services as offered through the App from time to time.

5.2 If a Subscription or any other product or service has been purchased as or through an In-app Purchase, all billing, invoicing and payments for that Subscription, product or service are handled by the App Store, the App Store is the merchant of record for the purchase (meaning all payment processing, invoicing, and refunds (if applicable) are handled by them) and You are engaging with that App Store as a customer of that App Store. Accordingly, the App Store terms of service will apply to that purchase. See clause 7 below for more detail on purchase and payment processing through Our payment gateway provider or an App Store.

5.3 More information about how You may be able to manage In-app Purchases using Your Device may be set out in the App Store’s own terms and conditions or in Your Device’s Help settings.

5.4 In-app Purchases can only be consumed within the App. If You make an In-app Purchase, subject to any applicable Non-Excludable Rights, that In-app Purchase cannot be cancelled after You have activated it. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

5.5 Subject to any applicable Non-Excludable Rights, if any In-app Purchase is not successfully activated or does not work once it has been successfully activated, We will, after becoming aware of the fault or being notified of the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that We are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorise the App Store to refund You an amount equal to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the App Store directly.

5.6 You acknowledge and agree that all billing and transaction processes are handled by the App Store from where You downloaded the App and are governed by that App Store’s own terms and conditions.

5.7 If You have any payment related issues with In-app Purchases, then You should contact the App Store directly (or You can contact Us at Customer Support (via the contact details as shown in clause 21 below or on the Website or App) and We will assist You if required).

6. Purchasing Goods via the Website

6.1 Goods may be offered

We may from time to time offer You the opportunity to purchase from Us certain products or services through a Website as offered and described from time to time on that Website (“Goods”). This clause 6 applies to any such Goods offered through the Website from time to time, other than Subscriptions (which are governed by clause 4 (and clause 5 if applicable)).

6.2 Your Information

(a) By placing an Order for Goods through a Website, You warrant that You are legally capable of entering into binding contracts and We assume that You have the capacity to understand the contents of these Terms and enter into these Terms as a binding agreement.

(b) If You wish to place an Order for Goods offered for purchase on a Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number and Your shipping information. You will also need to provide Your payment and billing details to Our payment gateway provider (see clauses 6.8 and 7 below).

6.3 Placing Orders and Cancellation of Orders by Us

(a) The advertisement or promotion of Goods on a Website does not constitute an offer to sell. It is an invitation to treat only.

(b) Orders placed by You are offers to purchase the relevant Goods under these Terms at the price specified (including delivery and other quoted charges).

(C) An Order for Goods is only finalised (and the corresponding purchase made) when You have completed the checkout process and received an Order confirmation from Us and payment is received by Us in full.

(d) You are responsible for any discrepancies or errors in Your Order caused by You. You must review Your Order carefully before placing it.

(e) Subject to any applicable Non-Excludable Rights:

(i) once You receive an Order confirmation from Us, You are unable to cancel or change the Order;

(ii) We may refuse, cancel or delay fulfilment of any Order in the event We cannot fulfil the Order for reasons beyond Our reasonable control;

(iii) We may refuse, cancel or delay fulfilment of any Order in circumstances where We reasonably believe the Order is incorrect or the Order or payment for the Order is the subject of fraud or is unauthorised or illegal; and

(iv) We may refuse or cancel any Order in circumstances where there has been an error in the price or Goods description on the applicable Website.

(f) We also reserve the right in Our sole discretion to:

(i) limit or cancel quantities purchased per Order for Our reasonable business purposes or as required by law; and

(ii) limit or cancel Orders that, in Our judgment, appear to be placed by dealers, resellers, distributors or for on-sale.

(g) In the event that We refuse, cancel, delay fulfilment of, limit or otherwise make a change to an Order, We will notify You by contacting the email and/or billing address/phone number provided at the time the Order was submitted.

(h) Subject to any applicable Non-Excludable Rights, if We:

(i) cannot fulfil Your Order within a reasonable period after Your purchase, We will offer You delayed delivery of Your Order (if We are reasonably able to do so) or a full refund of any payment received or store credit for that amount (in which case We will cancel Your Order); or

(ii) otherwise refuse, cancel, limit or make a change to Your Order, without fault on Your part, We will provide a full refund of any payment received (and cancel Your Order if it has not already been cancelled).

(i) You can submit Orders and make purchases of Goods on an applicable Website without creating an Account or downloading the App or logging in to either (“Guest checkout process”). When You use the Guest checkout process, We will still collect any information You provide, including your name, email and delivery address, and use that information, in accordance with Our Privacy Policy.

6.4 Shipping and delivery

(a) We currently deliver to the following countries: Australia, United States, United Kingdom.

(b) We do not deliver to: Russia, China, India, South America, Africa, or any countries with shipping restrictions, sanctions, or high logistical risks. If Your country is not listed in clause 6.4(a), please contact Us before placing an Order at Customer Support (via the contact details as shown in clause 21 below or on the Website or App).

(d) Estimated delivery times vary depending on the destination and chosen shipping method. Standard estimated delivery times are

(i) delivery addresses in Australia: 5-10 business days.

(ii) delivery addresses in United States or United Kingdom: 7-14 business days.

(e) Once Your Order has shipped, You will receive a confirmation email with tracking details (if applicable).

(f) For Orders with delivery addresses outside Australia, customs duties, import taxes, and delivery destination country local VAT/GST charges may apply, which are Your responsibility and in some cases may be required to be paid on delivery.

(g) Customs policies vary by country. We recommend checking with Your delivery destination country local customs office for more details before placing an Order.

(h) We are not responsible for any delays caused by customs clearance procedures.

(i) It is Your responsibility to provide accurate shipping details in Your Order when it is submitted.

(j) If an Order cannot be delivered due to an incorrect or incomplete address, additional shipping fees may apply for re-delivery.

(k) If Your Order is lost in transit, please contact Us at support@trainlike.app as soon as reasonably possible (and preferably within 14 days of the estimated delivery date).

6.5 Returns, Defective Goods and Cancellation of Orders by You

(a) All returns, refunds and exchanges of Goods (including for defective or faulty products) will be handled in accordance with Our Returns Policy and any applicable Non-Excludable Rights. For the avoidance of any doubt, You will not have any right to cancel an Order or return Goods for change of mind.

(b) Our Returns Policy forms a part of these Terms and Conditions. Please read Our Returns Policy to learn more about Your right to cancel Your Order and returns, refunds and exchanges of Goods.

(C) We will provide a refund or credit if required by law or as stated in these Terms. Nothing in this Agreement has the effect of excluding, restricting or modifying any applicable Non-Excludable Rights unless permitted by law.

6.6 Availability, Errors and Inaccuracies

(a) While We use Our reasonable endeavours to ensure the information provided on Our Websites is correct and up to date, We rely on third party manufacturers and suppliers for Goods descriptions provided on Our Websites, as well as for information regarding availability of Goods and related manufacturer/supplier promotions and offers etc.. The material and content on Our Websites is provided for general information only. We recommend that You research the relevant Goods with independent sources of information before submitting any Order.

(b) Occasionally there may be information provided on or through Our Websites (and/or in Our advertising of Goods) that contains typographical errors, inaccuracies or omissions that may relate to Goods descriptions, pricing, promotions, offers, delivery or shipping charges, delivery or shipping times and availability, and We may experience delays in updating that erroneous information. We reserve the right to correct without prior notice any errors, inaccuracies or omissions on Our Websites and Our other advertising, and to change or update information, if any information provided through the Websites is inaccurate at any time. Please monitor changes to Our Websites so that You are aware of the latest information.

(i) cancel Orders (and provide a full refund) if any information provided through Our Websites regarding Your Order or ordered Goods is inaccurate at any time (including any pricing error, inaccuracy or omission). We will notify You as soon as possible if this occurs; and

(ii) modify Our Websites and their contents at any time and to change any descriptions of Goods and their pricing at any time without notice. You agree that it is Your responsibility to monitor changes to Our Websites.

6.7 Prices for Goods

(a) The price payable for Goods, as well as the currency in which the price is payable, will be specified during the Ordering process on the Website, and may vary depending on Your country of residence (as determined by the IP address of Your device used to Order the Goods).

(b) Prices for Goods offered for purchase through a Website (and related charges) are subject to change without notice. The Company reserves the right to revise its prices for Goods at any time prior to You receiving an Order confirmation from Us for those Goods.

6.8 Payments

(a) We will provide You with the ability to pay for the Goods in Your Order on the applicable Website through a third party payment gateway (such as Stripe payment). See clause 7 below for more detail on purchase and payment processing through Our payment gateway provider or an App Store.

(b) If You purchase or Order Goods, You must provide the payment gateway provider with complete and accurate payment information as reasonably required. By submitting payment details, You represent that You are entitled to purchase the Ordered Goods. If We do not receive payment confirmation from the applicable payment gateway provider, or any confirmation is subsequently cancelled, We may immediately refuse or cancel Your Order.

(C) The payment gateway provider is responsible for providing You with an invoice and/or payment receipt if You request one, and it is Your responsibility to set up within Your payment gateway account requirements for the payment gateway provider to send You an invoice/payment receipt (if You require them).

(d) We reserve the right to contact the payment gateway provider (and through the gateway provider, the payment card issuer) and/or law enforcement authorities or other appropriate authorities if there is suspicious activity regarding Your Order or payment.

(e) In addition to the price for the Goods You are charged, certain banks and payment card issuers may charge a foreign transaction fee on transactions which take place outside the country the payment card is issued in or in a foreign currency. You are responsible for paying any such fees.

7. Purchases, payments and refunds generally

7.1 As described above, We may from time to time provide You with the ability to make purchases (as described on Our Service, such as purchase of Our products or services, a Subscription or an In-App Purchase), and the required payments to Us, through a third-party payment gateway provider (such as Stripe) and/or via the App Store where You downloaded the App.

7.2 When You make a payment for Our products or services, a Subscription or an In-App Purchase, through the payment gateway provider (such as Stripe or the App Store), that payment gateway provider / App Store is the merchant of record for the purchase (meaning all payment processing, invoicing, and refunds (if applicable) are handled by them) and You are engaging with that payment gateway provider / App Store as a customer of that payment gateway provider / App Store. Accordingly, the payment gateway provider / App Store terms of service apply to Your dealings with them (such as for a Subscription purchase).

7.3 For purchases and payments made through an App Store, this means that:

(a) the relevant payments are controlled by the policies of that App Store (Apple/Google); and

(b) if You have purchased a Subscription and paid the Subscription fee for the App through an App Store (including In-app Purchases), any refund requests must be made directly to the App Store in accordance with its refund policies. We do not process or control refunds for App Store purchases, but We will assist You if required.

7.4 For purchases and payments made through Our third-party payment gateway provider (such as Stripe) and not through an App Store, this means that:

(a) the relevant payments are controlled by the policies of that third-party payment gateway provider (e.g. Stripe);

(b) if You have purchased a Subscription and paid the Subscription fee for the App through Our third-party payment gateway provider and not through an App Store, any refunds will be processed by the payment gateway provider at Our request; and

(C) refunds or credits will be subject to Our Refund Policy (as set out on Our Websites and in the App). Subscription fees are generally non-refundable, except where expressly stated otherwise in these Terms or as required by applicable law. We may, at Our discretion, offer refunds or credits under exceptional circumstances, as outlined in Our Refund Policy.

7.5 Nothing in these Terms has the effect of excluding, restricting or modifying any of Our obligations under any applicable Non-Excludable Rights (including in respect of purchases, payments or refunds) unless permitted by law. We will provide a refund if required by law.

7.6 Notwithstanding any App Store terms and conditions, or any other applicable third-party payment gateway provider terms and conditions, the App content and functionality (including any Exercises, Workouts, Programs and other benefits provided through the App), all User support (other than in respect of payments through a payment gateway provider/App Store) and all non-App aspects of the Service and Your access to those aspects (such as the Websites), are provided in accordance with and subject to these Terms (and not the payment gateway provider/App Store terms and conditions). Except as expressly stated otherwise in these Terms (such as for billing, payments, cancellations and refunds through the App Store), these Terms prevail over the App Store terms and conditions.

8. The Service and Your use

8.1 Subject to change

(a) The Service is subject to change. We reserve the right, in our sole discretion, to modify the Service or any part of it, including by adding, removing or changing features and functionalities, changing the Exercise Categories and libraries included in a Subscription package, and/or changing the Programs, Workouts and Exercises made available through the App), at any time without prior notice or liability to You.

(b) Without limiting the above, this means that We may at any time change, add to and/or remove any Exercises, Workouts, Programs and Categories that We offer through the App (including when You may be part way through a Program). We will work with You if You believe that any such changes cause You any detriment but Our intent will always be to improve Our Service.

8.2 Personal use only

(a) Subject to clause 8.2(b), You must only access and use the Service (including the App) for Your own personal (non-commercial) use in accordance with these Terms and Your Subscription benefits.

(b) You must not access or use the Service for any commercial purpose, unless separately authorised by the Company through Your Account or a separate agreement between You and the Company. Any other requirement in these Terms to access or use the Service for personal (non-commercial) use, is also subject to this clause 8.2(b).

8.3 General terms of use

(a) We reserve the right to refuse to provide the Service or any part of the Service or any of our products and services to anyone for any business, operational or regulatory compliance reason at any time (We will act reasonably in doing so and We will notify you when We do so).

(b) When using the Service, You agree that You are responsible for making all arrangements necessary for You to have access to the Service, including for example:

(i) Device requirements: To access and use the App, You must ensure that Your device meets the minimum system requirements specified in the App Store listing. We are not responsible for Service limitations due to device incompatibility or outdated software; and

(ii) Internet: You are responsible for ensuring that You have a stable internet connection to access the Service. Any data charges incurred through the use of the Service (including streaming video content or downloading workouts) are solely Your responsibility.

(d) Any access to or use of the Service not expressly permitted by these Terms is a breach of these Terms.

8.4 Prohibited use

(a) You must only access or use the Service for lawful purposes and in accordance with these Terms. You must not access or use the Service or its content:

(i) for any unlawful purpose or to violate any applicable laws or to solicit others to perform or participate in any unlawful acts;

(ii) for any obscene or immoral or inappropriate purpose or for the purpose of exploiting, harming or attempting to exploit or harm any other User in any way;

(iii) to ask for or collect any personal information of others;

(iv) to infringe upon or violate Our Intellectual Property rights or the Intellectual Property rights of any other person;

(v) to print, copy, modify, download or distribute any of the material or content made available through the Service (including the App) without Our prior written consent;

(vi) to attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Service, the servers on which any part of the Service is stored, or any server, computer or database connected to any part of the Service;

(vii) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or unlawfully discriminate against any person;

(viii) for spamming, phishing or website scraping purposes;

(ix) to introduce, upload or transmit viruses, trojan horses, worms, logic bombs or any other type of malicious material or code that may cause any harm to the Service or may affect the functionality or operation of any part of the Service or the internet; or

(x) to engage in any conduct that restricts or inhibits the Service or any other User’s access to or use of the Service, or interferes with the proper functioning of the Service.

(b) In addition, You must not:

(i) provide any other person with access to the Service or any part of it (including the App) in breach of these Terms;

(ii) reproduce, duplicate, copy, sell, resell or commercially exploit any portion of the Service, any use of the Service, or any access to the Service, without Our prior written consent;

(iii) use any robot or other automated device, process or means to access the Service for any purpose;

(iv) interfere with or circumvent the security features of the Service, other websites, or the Internet; or

(v) otherwise interfere with the proper functioning of the Service.

(d) If Your access or use of the Service is prohibited by applicable laws, then You are not authorised to access or use the Service. We are not responsible if You access or use the Service in any manner that violates applicable laws.

9. Personal Information and Collection Notice

9.1 Our Privacy Policy applies at all times to the Service and Your interactions with the Service or any part of the Service. Your access to and use of the Service is conditional upon Your acceptance of and compliance with the Our Privacy Policy. By providing Your personal information to Us or by accessing or using the Service or any part of the Service, You consent to all processing and actions taken by Us with respect to Your personal information as described in Our Privacy Policy and this Collection Notice. Please read Our Privacy Policy carefully before using any Service. Our Privacy Policy may change from time to time and so we encourage You to check the Privacy Policy regularly to make sure You are up to date.

9.2 The remainder of this clause 9 contains a brief summary of the key elements of the Privacy Policy and Our Collection Notice in respect of the personal information We collect.

9.3 Our Privacy Policy explains (amongst other things): (a) how We store and use, and how You may access and correct your personal information; (b) how You can lodge a complaint regarding the handling of your personal information; and (C) how We will handle any complaint. If You would like any further information about the Our privacy policies or practices, please contact Us at support@trainlike.app

9.4 We collect:

(a) information (including personal information) from by You, including (i) when You access, use or interact with the Service (such as when You purchase a Subscription, make an In-app Purchase or submit an Order), (ii) when opening or using an Account, and (iii) when downloading, accessing or using the App. This may include customer information (such as name, address, email address and date of birth), some details about Your fitness and fitness goals, purchase information, if You are a minor, details of Your Parent/Guardian consents, and other information as described in Our Privacy Policy; and

(b) other information (including personal information) about You from third parties, such as payment confirmation details, web, app, device and browser details and use data and other information as described in Our Privacy Policy.

9.5 You consent to the collection, use, storage, and disclosure of the information described in clause 9.4 for the purposes outlined in these Terms and/or in the Privacy Policy, including:

(a) to provide and maintain Our Service, including to monitor the usage of Our Service;

(b) to enable You to access and use Our Service, the Websites and the App (including to enable Minors to access and use Our Service, the Websites and the App when consent is provided by a parent/guardian);

(d) to provide products and/or services to You;

(e) to provide marketing (including but not limited to direct marketing and any advertising on websites and social media) and other communications to You (subject to any marketing preferences You have provided to Us);

(f) to advertise on third party websites and to provide You with re-targeted advertising, and/or use re-marketing services to provide You with re-targeted advertising, on third party websites after You have visited or used Our Service (also known as behavioural remarketing or advertising);

(g) to assist in identifying ways in which We can provide You and other customers with a better Service, or enhance the Service;

(h) to comply with Our legal and regulatory obligations and enforce any legal rights; and

(i) any other purpose set out in Our Privacy Policy.

9.6 You may opt-out of receiving any, or all, of these marketing materials from Us by contacting Us using the Contact Us information below in clause 21 or by using the opt-out facilities provided in the applicable marketing communications (e.g. an unsubscribe link) or in the App or Your Account profile. You agree that if You unsubscribe from one category of marketing communications You may still continue to receive other categories of marketing communications, unless You opt out of all categories of marketing communications.

9.7 We and/or Our third party service providers may also use cookies or other similar tracking technologies on Our Service, the Websites or the App that help Us track Your usage of the Service and remember Your preferences.

9.8 You acknowledge that We may at any time send certain service related communications to You regarding transactions with Us. You agree that these communications will not contain an unsubscribe link. If You do not want to receive these service related communications, You must not use the Service or transact with Us.

9.9 We may also use information about You (including prior purchases, the way You interact with Our Websites and demographic data) which has been de-identified to help Us deliver marketing communications to You and other customers and Users and to display advertisements that We believe are likely to be of interest to You and other customers and Users.

9.10 You also consent to Us transferring or disclosing your personal information to third party service providers as described in Our Privacy Policy, including service providers who hold that data in their home countries or their regional data centre locations (which may include Australia, the USA, Canada and/or EU and EEA countries), and acknowledge that We are not required to ensure that these recipients handle that personal information in compliance with Australian Privacy Laws.

9.11 You can access, correct or update Your information and marketing preferences in the App or Your Account profile or otherwise by contacting Us at support@trainlike.app You must ensure that the information provided is accurate, complete and current, and at all times includes a valid email address. If We are not provided with the information requested or the information provided is incorrect or incomplete, We may be unable to provide the Service or parts of it to You.

9.12 Our Privacy Policy provides further details regarding how You may lodge a complaint if You believe there has been a breach of Your privacy rights, or You have any queries, concerns or other questions regarding Our collection, use or disclosure of their personal information.

9.13 This clause 9 survives the termination of these Terms and the termination or suspension of Your access to the Service or any part of it.

10. Intellectual Property

10.1 At all times:

(a) the Service and each part of it, and all related content, features, and functionality (including, but not limited to, all information, data, databases, software, text, displays, images, video and audio incorporated in or published or communicated in or through the Service);

(b) any and all Intellectual Property rights in the Service, each part of the Service and such related materials and content referred to in (a); and

(C) any enhancements, derivatives, changes, modifications, alterations or adaptations of or to the Service, each part of the Service and such related materials and content referred to in (a), in whatever form or medium (collectively, “Derivative Works”) made, created, developed, or acquired by You or any third party on Your behalf (whether or not authorised under these Terms and whether or not permitted by Us), and all rights, title and interest (including Intellectual Property rights) in all countries of the world in and to such Derivative Works,

are and will remain owned exclusively by the Company, or its third party licensors or other third party providers of such material and content.

10.2 No right, title, or interest in or to the Service (or any part of it) is transferred to You, other than the express limited access and use rights set out in these Terms, and all rights not expressly granted are reserved by the Company.

10.3 Subject to these Terms, You are permitted to access and use the Service, and to access and/or use the relevant Exercises, Workouts and Programs through the App as described in these Terms, for your personal (non-commercial) use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Service or any of the material or content related to the Service, except as follows:

(a) where We expressly authorise You in writing to do so (as described within the Service), such as social media posts; or

(b) You may download one copy of the App to Your computer or mobile device in accordance with these Terms solely for Your own personal (non-commercial) use and use it in accordance with these Terms and Your Subscription benefits.

10.4 You must, at Our option, return or destroy any copies of any materials or content from the Service that You have made or that You retain, upon the earlier of termination (without renewal) of Your Subscription or termination of Your right to access the App.

10.5 You must not:

(a) modify copies of any materials or content from the Service;

(b) use any illustrations, photographs, video or audio sequences, or any graphics, from the Service separately from the accompanying text; or

(C) delete or alter any copyright, trademark, or other proprietary rights notices from copies of material or content from the Service.

10.6 You acknowledge and agree that Our trademarks, service marks, logos, product and service names, other trade dress and business names, and all Intellectual Property rights in them, (collectively the “Trademarks”) are solely owned by Us. You must not use any of Our Trademarks in connection with any product or service (other than the Service) without the prior written consent of the Company.

11. User Content

11.1 Posting User Content

(a) Our Service may from time to time allow You to post User Content. You are fully responsible for the User Content that You post to the Service, including its legality, accuracy, reliability and appropriateness. We take no responsibility and assume no liability for any User Content posted by You or any other User or third party.

(b) By posting User Content to the Service:

(i) You grant Us the right and licence to use, modify, exploit, publicly perform, publicly display, publish, reproduce, create derivative works from and distribute such User Content on and through the Service and otherwise. You agree that this licence includes the right for Us to make Your User Content available to other users of the Service, who may also use Your User Content subject to these Terms; and

(ii) You hereby provide (on Your behalf and on behalf of any third party holding such rights) any and all Moral Rights waivers and consents, in respect of any existing and future Intellectual Property rights, necessary to allow Us to freely use, modify and exploit Your User Content as described in these Terms.

(C) You represent and warrant that: (i) the User Content You post is Yours (You own it) or You have the right to use it and grant Us the rights and licence as provided in these Terms, and (ii) the posting of Your User Content on or through the Service does not violate the rights of any other person (including any Intellectual Property rights, privacy rights, copyright, contractual rights or any other rights).

11.2 User Content Restrictions

(a) You expressly acknowledge and agree that You (and not Us) are fully responsible for the User Content that You post on or through the Service and for all activity that occurs under Your Account, whether done by You or any third person using Your Account.

(b) You must not post or transmit any User Content that is unlawful, offensive, indecent, abusive, harassing, violent, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable to any other person (or could reasonable be considered to be so) or violates any person’s Intellectual Property rights or these Terms.

(i) material or content that is unlawful or promotes unlawful activity;

(ii) defamatory, unlawfully discriminatory or mean-spirited, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;

(iii) spam, electronic commercial messaging, unauthorised or unsolicited advertising, a chain letter or any other form of unauthorised solicitation;

(iv) any form of commercial activity, game of chance, lottery or gambling;

(v) material or content containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information;

(vi) material or content that infringes any Intellectual Property rights or other proprietary rights of any person, including any patent, trademark, trade secret, copyright, right of publicity or other rights;

(vii) material or content that gives the impression that it is issued or endorsed by any person or entity, including the Company and its employees or representatives, when it is not. Further, You must not use a false email address, pretend to be someone other than yourself, or otherwise mislead Us or any third party as to the origin of any User Content You post;

(viii) material or content that violates the privacy or legal rights of any person; or

(ix) information that is or could reasonably be false, misleading or deceptive.

(d) The Company reserves the right, in its sole discretion, but is not obliged, to:

(i) refuse, remove or delete any User Content for any reason;

(ii) determine whether or not any User Content is inappropriate, unlawful and/or does not comply with these Terms, and to refuse, remove or delete any such User Content; and/or

(iii) modify, amend or update any User Content or its presentation in its discretion to ensure the User Content is appropriate, lawful and/or complies with these Terms.

The Company also reserves the right to limit or revoke Your use of the Service if You post any User Content that is inappropriate, unlawful and/or does not comply with these Terms.

11.3 User Content acknowledgement

(a) As the Company cannot control all content posted by Users and/or third parties on the Service, You agree to use the Service at Your own risk. You further acknowledge that by using the Service You may be exposed to User Content that You may find offensive, indecent, incorrect or objectionable, or is otherwise inappropriate, unlawful and/or does not comply with these Terms, and You agree that under no circumstances will We be liable in any way for any such User Content, including any errors or omissions in any such content, or any loss or damage of any kind incurred as a result of Your use of or reliance on any such content.

(b) If You believe that any content on the Service is offensive, indecent, incorrect or objectionable, or is otherwise inappropriate, unlawful and/or does not comply with these Terms, please contact Customer Support (via the contact details as shown in clause 21 below or on the Website or App) and provide details of Your concerns.

11.4 User Content Backups

(a) Although regular backups of Service content are performed, We do not guarantee there will be no loss or corruption of data or content.

(b) Corrupt or invalid backup points may be caused by, without limitation, Service content that is corrupted prior to being backed up or that changes during the time a backup is performed.

(C) We will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Service content. But You acknowledge that We have no liability related to the integrity of User Content or the failure to successfully restore User Content to a usable state.

(d) You agree to maintain a complete and accurate copy of any User Content that You post to the Service (to safeguard against its loss or corruption) in a location independent of the Service.

11.5 User Feedback

If at any time You post to the Service or send Us information, submissions, ideas, suggestions, feedback, proposals, plans, or other materials, regarding the Service or Us (collectively, “Feedback”), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose (whether in respect of the Service or otherwise) any such Feedback. We are and shall be under no obligation to: (i) maintain any Feedback in confidence; (ii) pay compensation for any such Feedback; or (iii) respond to any such Feedback.

12. Intellectual Property Infringement Policy

12.1 We respect the Intellectual Property rights of others. It is Our policy to respond to any claim that content posted on the Service infringes a copyright or other Intellectual Property right of any person.

12.2 If You are a copyright owner, or authorised on behalf of one, and You believe that any content on the Service constitutes an infringement of the copyrighted work, You must notify Us in writing of the infringement (via the Customer Support contact details as shown in clause 21 below or on the Website or App) and include in that notice a detailed description of the alleged infringement, including without limitation:

(a) A description of the copyrighted work that You claim has been infringed, including a copy of the copyrighted work or the specific URL where the copyrighted work exists.

(b) Identification of the specific URL or other location on the Service where the material that You claim is infringing is located.

(d) A statement by You confirming that You believe in good faith that the material that You claim is infringing is not authorised by the copyright owner, its agent, or the law.

(e) A statement by You that the information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.

(f) Your electronic or physical signature as validation of Your complaint.

12.3 Upon receipt of such notification, We will consider Your submission and take whatever action, in Our sole discretion, We deem appropriate.

12.4 You may be held accountable for damages (including Our costs and legal fees) for misrepresenting that any content on the Service is infringing Your copyright or a copyrighted work.

13. Third party links

13.1 No responsibility for Third-Party Sites

(a) Our Service may contain links to websites, social media pages or feeds, services or resources that are not owned or controlled by Us (“Third Party Sites”). These links are provided for Your convenience only.

(b) We do not control and are not responsible for the content, privacy policies, or practices of any Third Party Sites. You acknowledge and agree that We:

(i) are not responsible or liable, directly or indirectly, for any errors, misrepresentations, false information, or misleading content on Third Party Sites; and

(ii) are not responsible or liable, directly or indirectly, for any damage or loss arising from Your use of or reliance on Third Party Sites, including their content and any goods or services available on or through them.

(C) We strongly advise You to read the terms and conditions and privacy policies of any Third Party Sites that You visit before engaging with them.

13.2 Linking from Third-Party Sites to the Service

(a) In addition, if You create a link from a Third Party Site (such as a social media page) to Our Service, You agree that:

(i) We are not responsible or liable, directly or indirectly, for any errors, misrepresentations, false information, or misleading content about Our Service that appear on any Third Party Site;

(ii) You must ensure that any content linking to Our Service is accurate and not misleading, deceptive, or false.

(b) We reserve the right to request removal of any content regarding or referencing to Our Service on Third Party Sites.

14. Termination

14.1 Termination or suspension of the Service

(a) We reserve the right at any time to discontinue or cancel the Service (or any part of it) at any time (and We will provide a refund or credit to the extent required by law).

(b) You also agree that We may (acting reasonably) suspend the Service or any part of it (including the ability to submit Orders) at any time, including for example for upgrades to, maintenance of or servicing of the Service, or to protect, improve and optimise any TrainLike Group business, or for other operational, legal or regulatory reasons.

(C) We will endeavour to provide You with reasonable advance notice of any such discontinuance, cancellation or suspension of any material part of the Service (except in the case of emergency or an urgent business requirement, in which case We will provide notice to You as soon as practicable).

(d) Subject to any applicable Non-Excludable Rights, We will not be liable to You or to any third party for any discontinuance, cancellation or suspension of the Service.

14.2 Termination, suspension or cancellation of Your access

(a) We may terminate or suspend Your Subscription and/or Your Account and/or Your access to the Service (in whole or in part) with immediate effect upon notice to You, without any liability on Our part, if:

(i) You have or We reasonably believe You have breached these Terms in any way;

(ii) We discontinue or cancel or significantly modify the Service (or any part of it) at any time (in which case We will endeavour to provide You reasonable advance notice of any such discontinuance, cancellation or modification);

(iii) We are unable to provide the Service (or any part of it) as a result of any circumstance beyond Our reasonable control;

(iv) You engage in harassment, abuse, or any behaviour that violates Our Service use guidelines (as made available through the Service) or creates a hostile environment for other Users or Our staff;

(v) We detect or reasonably suspect fraudulent activity in relation to Your Account or Subscription, unauthorised access to Your Account or Subscription, or unauthorised use or misuse of the Service by You (including but not limited to account sharing or circumvention of payment obligations);

(vi) We are required to do so in order to comply with any law or security or regulatory requirement applicable to You or Us; or

(vii) acting reasonably, We need to do so for any valid business management reason.

(b) You may terminate Your Subscription and/or Your Account at any time by simply ceasing to use the Service or by contacting Customer Support (via the contact details as shown in clause 21 below or on the Website or App) and requesting that Your Account is terminated. But, if You do so, any Subscription fees paid will be forfeited.

14.3 Termination consequences

(a) Upon any termination or suspension of Your Subscription and/or Your Account and/or Your access to the Service pursuant to these Terms, Your access to and right to use the Service (including the App) will cease immediately and You must cease using the Service.

(b) In the case of suspension, Your access will remain suspended and will not be reinstated until We consider (acting reasonably) that the cause of the suspension has been duly remedied (in which case We will reinstate Your access promptly) or We terminate Your Subscription.

(C) Termination of Your Subscription and/or Your Account and/or Your access to the Service will not affect any of Our or any User’s rights or obligations arising under these Terms prior to such termination. Provisions of these Terms that, by their nature, are intended to survive termination of Your Account will survive such termination.

15. Disclaimers

15.1 Non-Excludable Rights

Certain legislation may imply or impose warranties, conditions or guarantees or impose obligations which cannot be excluded, restricted or modified or which can only be excluded, restricted or modified to a limited extent (“Non-Excludable Rights”), including in Australia the consumer guarantees provided to consumers under the Australian Consumer Law. Nothing in this Agreement has the effect of excluding, restricting or modifying any applicable Non-Excludable Rights unless permitted by law.

15.2 Exclusion of warranties and guarantees

(a) Subject to clause 15.1, We exclude all warranties, conditions, guarantees and obligations (other than those expressly set out in these Terms) including, but not limited to, all warranties, conditions, guarantees and obligations implied in fact or by law and, while We will use Our reasonable endeavours to provide quality service, We do not guarantee, represent or warrant that Your use of the Service will be uninterrupted, timely, secure or error-free.

(b) Subject to clause 15.1, You expressly agree that:

(i) Your use of the Service, as well as Your inability to use the Service for reasons beyond Our control, is at Your sole risk;

(ii) except as expressly stated otherwise by Us, the Service and all products and services delivered to You through the Service or In-app Purchases are provided ‘as is’ and ‘as available’ for Your personal use, without any representation, warranty or condition of any kind, either express or implied, including all warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement;

(iii) except as expressly stated otherwise by Us, We provide no warranty or undertaking, and make no representation of any kind, that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected;

(iv) except as expressly stated otherwise by Us, We do not make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components;

(v) the information presented on or through the Service is made available for general information purposes only and any reliance You place on such information is strictly at Your own risk;

(vi) We cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient security procedures such as anti-virus protection to address this risk; and

(vii) We provide no warranty or undertaking, and make no representation of any kind, that You undertaking any Exercise, Workout or Program will achieve Your objectives or produce any particular results.

15.3 Medical Disclaimer

(a) Before starting, participating in, performing, undertaking, using, adopting or taking any other action in relation to (collectively, “Using”) any Exercise, Workout or Program, any exercise, fitness or wellness information, suggestion or instruction, or any other products and services, that may be described and/or made accessible in or through the Service (collectively, the “Exercise Services”), You should seek medical advice from a medical practitioner or other qualified health care provider.

(b) The information presented through the Service in relation to the Exercise Services is made available solely for general information purposes. Subject to clause 15.1, any reliance You place on such information is strictly at Your own risk and We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other User or by anyone who may be informed of information presented through the Service.

(C) We take reasonable precautions to ensure that the Exercise Services are safe. However, We cannot guarantee You will not be injured while Using any Exercise.

(d) Neither the Service nor the Exercise Services constitute medical advice. Neither We nor any Exercise Services content providers (collectively, the “Service Providers”) are licensed doctors, medical practitioners or health care providers, and the Service is not a health service and does not provide health services. None of the Service Providers nor the Service provides medical advice, health advice or treatment of any kind. The Exercise Services We make available through the Service do not take account of Your personal circumstances or Your health or medical condition.

(e) It is important that the Service and the Exercise Services are Used only after obtaining medical advice from Your doctor or health care provider. Our Service is not a substitute for medical advice from Your doctor or health care provider. We strongly recommend that before You Use any Exercise Services, or make any changes to Your existing fitness or training regime, You seek medical advice from a trusted physician, doctor or medical or health service provider.

(f) If You know or suspect that You may be pregnant, or have an existing physical or medical condition, it is imperative that you seek the advice of a doctor or health care provider before Using any Exercise Services. If You experience any discomfort, pain, dizziness, shortness of breath or any other or medical symptoms or unexpected side effects when Using the Service or any Exercise Services, You must immediately stop and seek medical attention.

(g) Accordingly, subject only to clause 15.1:

(i) We are not liable to You or anyone else for any injury or adverse medical or health condition arising as a result of You Using any Exercise Service;

(ii) You acknowledge and agree that Using any Exercise Service carries inherent risks, including but not limited to physical injury, strain, illness, or other adverse health effects. By Using the Exercise Services, You voluntarily assume all risks associated with any such Use and agree that We are not liable for any injury, health condition, or adverse effects arising from Your Use of the Exercise Services; and

(iii) You agree to indemnify Us and keep Us fully indemnified on demand against any and all costs, claims, charges, damages, demands, expenses, fines, penalties and liabilities of whatsoever nature (including any personal injury You may incur) arising out of or in connection with You Using any Exercise Service.

16. Limitation of Liability

16.1 Subject to clause 15.1 and to the extent not prohibited by law, We will not be liable to You, nor will You be liable to Us, for any Consequential Loss arising under or in connection with these Terms or the Service or any inability to use the Service, including in respect of any product and/or service, whether arising under contract, in tort (including negligence), under any statute or otherwise. This clause 16.1 does not apply to Your liability for any Loss in connection with a breach of clause 10 (Intellectual Property) or clause 11 (User Content) or any infringement of Our Intellectual Property rights.

16.2 Subject to clause 15.1 and to the extent not prohibited by law:

(a) Our liability to You in respect of all products and services delivered to You through the Service or In-app Purchases will be limited (at Our option) to:

(i) re-supplying or paying the cost of re-supplying the relevant goods or services or equivalent goods or services; or

(ii) repairing or paying the cost of repairing the relevant goods; or

(iii) refund of the price You paid for the relevant goods or services; and

(b) Our total aggregate liability to You arising under or in connection with these Terms or the Service or any inability to use the Service (excluding any liability to which clause 16.2(a) applies), including for all Claims and Losses, whether arising under contract, in tort (including negligence), under any statute or otherwise, will be limited to the total amount actually paid by You through the Service and/or for In-app Purchases (or US$100 if You haven’t paid any such amount through the Service and/or In-app Purchases). Further, Our payment of that amount to You is Your sole and exclusive remedy for all Claims and Losses arising under or in connection with the foregoing.

16.3 For the avoidance of doubt, if You are a resident of Australia and a consumer under the Australian Consumer Law, the limit on Our liability in clause 16.2(b) does not apply to any liability We have to You that arises from Our gross negligence or wilful misconduct or any breach of applicable laws by Us.

17. Governing Law

The laws of the State, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service and You and We submit to the exclusive jurisdiction of the courts exercising jurisdiction in the State.

Your use of the Service may also be subject to other local, state or national laws applicable to You.

18. Legal Compliance

18.1 It may be illegal for You to access or use the Service under laws that apply to You or in Your country of residence. If so, the Company does not approve Your access to or use of the Service and You must not access or use the Service or any part of the Service. We reserve the right to remove or terminate Your access to the Service or any part of the Service in these circumstances upon notice to You.

18.2 You represent and warrant that (i) You are not located in a country that is subject to any United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

19. General

19.1 Benefit

You agree and acknowledge that (as described in clause 1.1) the Company enters into this agreement with You (as set out in these Terms) for and on behalf of itself and as agent for each of its Affiliates that offers or provides any Service in respect only of that Service the Affiliate offers/provides, and that:

(a) each such Affiliate is entitled to enforce these Terms in its own right in respect of any Service that it offers or provides; and

(b) any obligation of the Company or Us may be satisfied by the Company or any Affiliate (and/or subcontracted to any Affiliate); and

(C) any Claim by You arising under or in connection with these Terms or related to the Service must be brought solely against the Company and not against any Affiliate. For this purpose alone, the Company will be responsible for any and all acts and omissions of any such Affiliate made under or in connection with these Terms, subject to these Terms including any limitations of liability set out in these Terms).

19.2 Notices

Notices and other communications (collectively “Notices”) provided by Us to You may be provided by email, by posting on the App or a Website or by any other form of communication as determined by Us. You will be taken to have received any such Notice upon Us sending such Notice to Your email address (that We hold in relation to Your Account) or posting it on the App or a Website.

Any notice or communication from You to Us must be sent by email to support@trainlike.app

We do not accept any responsibility for any lost, stolen or misdirected Notice or any delay in receiving or non-receipt of any such Notice arising as a result of: (a) any of the contact details We hold in relation to Your Account being invalid or incorrect; and/or (b) Your email systems malfunctioning. It is Your responsibility to ensure that the contact details We hold in relation to Your Account are valid, correct and up to date at all times.

19.3 Assignment

We may at any time assign, novate or otherwise transfer the agreement set out in these Terms or any of Our rights, benefits or obligations under these Terms, at Our discretion without restriction and without Your prior consent. You must not assign, novate, transfer or sublicense the agreement set out in these Terms or any of Your rights, benefits or obligations under these Terms, without the prior written consent of the Company.

19.4 Severability

If any provision of these Terms or its application to any person or circumstance is or becomes invalid, illegal or unenforceable in a jurisdiction, then the provision will so far as possible be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable in that jurisdiction and the remaining provisions will continue in full force and effect. If any provision or part of it cannot be so read down, then the provision or relevant part of it will be deemed to be void and severable in that jurisdiction and the remaining provisions of these Terms will not be affected or impaired in any way.

19.5 Waiver

Any failure or delay of a party to exercise a right or to require performance of an obligation under these Terms shall not affect the party’s ability to exercise such right or require such performance at any time thereafter. Any waiver by a party must be in writing and signed by the party or an authorised representative of the party and any waiver of a breach does not constitute a waiver of any subsequent breach.

19.6 Entire agreement

These Terms, any additional terms and conditions or documents referred to in these Terms and any terms, conditions, rules or requirements posted by Us on the Service, form the entire agreement between You (on the one hand) and the Company and its relevant Affiliates (on the other hand) with regard to their subject matter, and supersede any prior agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).

20. Definitions and Interpretation

20.1 Definitions

For the purposes of these Terms (unless the context requires otherwise):

Account means a unique digital account created by Us for You to access the Service or parts of the Service.

Affiliate in respect of a party means an entity that controls, is controlled by or is under common control with that party, where “control” of an entity means the ability to control, directly or indirectly, (a) the composition of the board of directors (or other governing body) of that entity, (b) more than half of the voting rights of voting securities of that entity, or (C) the management of the affairs of that entity.

the App means Our ‘TrainLike’ mobile application, downloaded by You on any electronic device, as may be branded and adapted for each Category, and the exercise Categories and databases to which the App provides access (the App is also referred to by reference to the exercise Category or database to which access is or has been provided through the App, for example, the App is referred to as the ‘TrainLike a Ballerina App’ in connection with the Ballerina/Ballet exercise category or database offered through the App).

App Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) from which the App has been or can be downloaded.

Australian Consumer Law has the meaning given to that term in s.4 of the Competition and Consumer Act 2010 (Cth).

Category refers to the discrete Exercise, Workout and Program database category of the relevant Service business of the Company’s Affiliates (such as ‘TrainLike a Ballerina’ and ‘TrainLike an Athlete’ etc.). For example, the Category for the ‘TrainLike a Ballerina’ Service business is training like a Ballerina.

Claim means any claim, suit, action, demand or proceeding arising out of any cause of action (including breach of contract, tort (including negligence) and any other common law, equitable or statutory cause of action).

Company means TrainLike Holdings Pty Limited ACN 670 520 546 incorporated in Australia.

Consequential Loss means any (a) loss of opportunity or loss of use, or (b) indirect, incidental, special, punitive or exemplary loss, damage, claim or expense, or (C) any loss or damage for personal injury, or (d) to the extent not covered by paragraphs (a), (b) or (C), Loss which does not arise naturally or directly (that is, according to the usual course of things) from the event giving rise to the Loss.

Corporate Customer means a company or other legal entity that is a customer of the Company or a Company Affiliate under a separate agreement with Us to use the App for corporate or commercial purposes.

Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.

Exercise refers to a single discrete exercise, from the Exercise library, in the relevant Category, made available through the App. For example, an exercise from the ‘TrainLike a Ballerina’ Exercise library.

Exercise library refers to the library of Exercises, in the relevant Category, made available through the App. For example, the ‘TrainLike a Ballerina’ Category Exercise library made available through the ‘TrainLike a Ballerina’ branded App.

Goods refer to the items offered for sale on a Website (other than a Subscription).

In-app Purchase refers to the purchase of a product, item, service or Subscription made through the App (which shall be subject to these Terms as well as the App Store’s own terms and conditions).

Intellectual Property or Intellectual Property rights means all rights conferred by law in or in relation to copyright, trade marks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions and confidential information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include: all rights in all applications to register these rights; all renewals and extensions of these rights; and all rights in the nature of these rights, including Moral Rights.

Loss means any loss, damage, liability, charge, expense, penalties, interest, fines, outgoing, payment or cost of any nature or kind.

Minor means a natural person who is 13 to 17 years of age.

Moral Rights means any moral rights arising under any statute, that exist or that may come to exist, anywhere in the world, including the following rights in respect of any Intellectual Property rights: (a) the right of integrity of authorship (that is, not to have a work subjected to derogatory treatment); (b) the right of attribution of authorship of a work; and (C) the right not to have authorship of a work falsely attributed.

Non-Excludable Rights has the meaning given in clause 15.1.

Order mean a request by You to purchase Goods from Us.

Parent/Guardian in respect of a person that is under 18 years of age means a parent or legal guardian of that person according to the laws in the country of residence of that person.

Program refers to a selection of Workouts, in the relevant Category, where the Workouts have a common theme or objective. For example, a Program from the ‘TrainLike a Ballerina’ Category aimed at improving a particular pirouette.

Returns Policy means Our Returns Policy as made available and as updated from time to time (when we offer Goods through any Website) on the applicable Website and on the App.

Service refers to (1) Our Websites; (2) any Account we provide for Your use of the Service; (3) the App (as may be branded and adapted for the Category or Exercise library database to which access is or has been provided through the App); (4) the Exercises, Exercise library, Workouts and Programs in each Category as made available through the App; (5) any Subscriptions, In-app Purchases, facility for Orders or submitting Orders and/or purchases of Goods; and (6) any other goods, services, content and/or features made available by Us through the Websites or the App, in each case as such services may be amended by Us from time to time.

State means New South Wales, Australia.

Subscription refers to a subscription to access and use certain parts of the App for the applicable Subscription Period (as offered by Us and described in these Terms and/or in the App from time to time).

Terms of Service or Terms means these terms of service, together with any documents they expressly incorporate by reference, as each may be amended from time to time.

Third-party Social Media Service means any online digital platform service or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service or that may allow login to the App using that platform’s login process.

TrainLike Group means the Company and its Affiliates from time to time.

User means any person, visitor or user accessing or using the Service or any part of it, including You.

User Content means any material or content (such as text, images, or other information) that is posted, uploaded or otherwise made available by a User on or through the Service (including by way of a User posting or uploading a link to that content on or through the Service) which is accessible by Us and/or other users, regardless of the form of that material or content.

We, Us or Our means:

(a) the Company; and

(b) each Affiliate of the Company that offers or provides any Service, in respect only of that Service the Affiliate offers/provides.

Website means each of Our websites from time to time applicable to a TrainLike business (including https://trainlike.app) and any of Our other websites to which these Terms are posted (as each such website URL may be updated from time to time) and “Websites” means all or any one or more of them.

Workout refers to a selection of Exercises, from the Exercise library, in the relevant Category, where the Exercises have a common theme or objective. For example, a workout from the ‘TrainLike a Ballerina’ Exercise library.

You means the natural person accessing or using the Service or any Service and (if applicable) any company or other legal entity that is a Corporate Customer on behalf of which such natural person is accessing or using the Service (and “Your” has a corresponding meaning).

20.2 Interpretation

In these Terms:

(a) any ambiguities in the interpretation of these Terms shall not be construed against the party that drafted these Terms;

(b) a reference to a document (including these Terms) includes any variation or replacement of it;

(C) a reference to a “person” includes a reference to a body corporate, unincorporated association, incorporated association, partnership and any other legal entity;

(d) a reference to a party includes that party’s administrators, successors and permitted assigns (including persons taking by way of novation);

(e) where any word or phrase is given a defined meaning in these Terms, any part of speech or other grammatical form of that word or phrase has a corresponding meaning;

(f) a reference to a statute, regulation, or other law includes regulations and other instruments made under any of them and consolidations, amendments, re-enactments or replacements of any of them;

(g) words in the singular number include the plural and vice versa;

(h) words importing a gender include every other gender;

(i) headings to the clauses and sub-clauses in these Terms are for reference purposes only and will not affect their interpretation;

(j) unless otherwise stated, dollars or $ or A$ or AUD is a reference to the lawful currency of Australia; and

(k) the words and phrases “other”, “including” and “in particular” and similar such wording will not limit the generality of any preceding words where a wider construction is possible.

20.3 Latest version

You can review the latest version of these Terms on the App or any Website. You agree that the version of these Terms available at https://trainlike.app/terms-of-service shall prevail in the case of any inconsistency with any other version of these Terms

20.4 Translation Interpretation

If these Terms are presented to You in a language other than English then they have been translated from the original English version (either by Us or by Your search engine or some other intermediary). If so, You agree that the original English text available at https://trainlike.app/terms-of-service shall prevail in the case of any inconsistency with any translated version.

21. Customer Support Contact Information

If You have any questions about these Terms or the Service, or You need to customer support for an issue, You can contact Our customer support team as follows:

First, refer to our FAQs at https://trainlike.app/faq/ which should answer most of your queries

Then, if the FAQs don’t help, try our chatbot on the home page at https://trainlike.app

Then, if our chatbot cannot help, please contact support@trainlike.app

Terms and Conditions