1. Introduction
These Terms and Conditions of Use (“Terms”) govern your access to and use of the Elite Trainr app (“App”) and website located at app.elitetrainr.com and elitetrainr.com, respectively (collectively, the “Services”), owned and operated by Formateur Élite Inc. (“Elite Trainr,” “we,” or “us”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
2. User Accounts
- Account Creation: To access certain features of the App, you must create an account. You agree to provide accurate, complete, and up-to-date information during registration and to keep your account information current.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify Elite Trainr immediately of any unauthorized use of your account.
- Eligibility: You must be at least 18 years old to create an account and use the Services. By using the Services, you represent and warrant that you are 18 or older.
3. User Conduct
You agree to use the Services only for lawful purposes and in compliance with these Terms. You will not:
- Use the Services in any way that violates applicable federal, state, territory, regional, provincial, municipal, or local laws or regulations.
- Use the Services to transmit any harmful or malicious content, including viruses, malware, or spam.
- Attempt to gain unauthorized access to the Services, other users’ accounts, or Elite Trainr’s systems.
- Interfere with or disrupt the integrity or performance of the Services.
- Collect or harvest any personally identifiable information from other users without their consent.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
4. Intellectual Property
All content on the Services, including text, graphics, logos, images, audio clips, video clips, software, and data compilations, is the property of Elite Trainr or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services.
5. The Blog: Disclaimer
The Elite Trainr blog is for informational purposes only and should not be taken as professional advice. We are not liable for any damages or losses arising from reliance on blog content.
6. App-Specific Provisions
- Trainer Responsibilities: Trainers are responsible for the accuracy and completeness of client information entered into the App. Trainers must obtain client consent before collecting and storing their personal health information.
- Data Usage: Client data entered into the App is used solely for the purpose of providing fitness training services. We will not share this data with third parties without the client’s explicit consent, except as required by law.
7. Limitation of Liability
To the fullest extent permitted by applicable law, Elite Trainr and its affiliates, officers, employees, agents, partners, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8. Termination
Elite Trainr reserves the right to suspend or terminate your access to the Services at any time, with or without cause or notice, for any reason, including if you violate these Terms.
9. Changes to Terms and Conditions
We may modify these Terms at any time, at our sole discretion. If we do so, we will notify you by posting the modified Terms on the Services and updating the “Last Updated” date at the top of these Terms. By continuing to access or use the Services after we have posted the modified Terms, you agree to be bound by the modified Terms.
10. Governing Law
These Terms shall be governed and construed by the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to its conflict of law provisions.
11. Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association.
12. Contact Information
If you have any questions about these Terms, please contact us at info@elitetrainr.com.
