- 1. Definitions
- 2. Account Terms
- 3. Payment
- 4. Cancellation and Termination
- 5. Acceptable Use
- 6. User-Generated Content
- 7. Intellectual Property Notice
- 8. Copyright Infringement
- 9. Communications with Trayn
- 10. Disclaimer of Warranties
- 11. Limitation of liability
- 12. Indemnity
- 13. Miscellaneous
- 14. Changes to the Agreement
Effective date: July 1, 2018
Thank you for choosing Trayn for your organization’s business needs. Please read our Terms of Service agreement carefully before accessing or using Trayn. Because it is such an important contract between us and our customers, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.
Short version: We use these terms throughout this document, and they have specific meanings.
Refers to the application, software, products and services provided by Trayn. This includes processing, storing, and analyzing fitness, health and performance data, training plans, exercises and drills, training logs, test templates, assessment and injury data, and any other content uploaded or entered into your account.
Refers to Trayn’s website located at trayn.com, and all content, services and products provided by Trayn at or through the Website. It also refers to Trayn-owned subdomains of trayn.com, such as blog.trayn.com, journal.trayn.com, or docs.trayn.com. Occasionally, websites owned by Trayn may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
- "Customer", "You", and "Your"
Refer to the company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. You may be a member of an organization with an account on Trayn with its own terms or license agreements or you may use an application that integrates with Trayn. Please be aware that while these Terms are our agreement with you, other parties' terms govern their relationship with you.
Refers to the individual who has visited or is using the Website or Service on your behalf; that accesses or uses any part of the account on your behalf; or that directs the use of the account in the performance of their functions on your behalf. All Users must be at least 14 years of age or must have obtained their parent’s/guardian’s prior verifiable consent for, as applicable, using the Website or Service on your behalf and/or accessing or using any part of the account on your behalf and/or directing the use of the account in the performance of their functions on your behalf. "Other Users" refers to the individuals, not including your Users, who visit or use the Website or Service. "Users" and "Other Users" are collectively referred to as "All Users".
- "Trayn", "We", and "Us"
Refer to Trayn, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
Represents your legal relationship with Trayn. A "User Account" represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Trayn. An "Organization Account" refers to an Account created on behalf of an entity, such as a company, non-profit organization, or group. An Organization Account includes a plan that controls subscription to the Service. A User Account can be a member of any number of Organization Accounts.
Refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by All Users. "Your Content" is Content that you create, own, or to which you are the rights holder.
2. Account Terms
2.1. Account Controls
Short version: User Accounts and Organizations have different administrative controls;
All Users retain ultimate administrative control over their User Accounts and the Content within them.
You have ultimate administrative control over any Organization created on your behalf and User-Generated Content within those Organizations, subject to these Terms. You can manage User access to the Organization’s data and projects. Within the Service, you must designate one or more User Accounts as "administrator(s)" who are delegated administrative control of the Organization, but this designation does not supersede your ultimate administrative rights over the Organization. In addition, you must designate one or more User Accounts as "Billing Administrator" who can control settings in relation to billing and invoices. This Agreement will govern the use of your Organization.
2.2. Account requirements
Short version: A human must create your account. The creator and users (see above “User”-definition) of your account must provide a valid email address.
If you are entering into this Agreement on behalf of an entity, you represent that you are authorized to enter into the Agreement and bind the entity to these Terms.
You must provide a valid email address and your name in order to complete the signup process. Please see the section on Payment for information about paid Accounts. You must create an Organization Account before you can add User Accounts.
2.2.1. Organization Account Requirements
Age Restrictions: You may not create an Account for the use of any User under the age of 14 unless you have verifiable prior consent by their parent or guardian and take full responsibility for their privacy and safety in regards to this Agreement. Trayn cannot process User Accounts of Users under the age of 14 differently than others.
Subscription Limit: A paid Organization may only provide access to as many User Accounts as your subscription allows.
2.2.2. User Account Requirements
Age Restrictions: You must be age 14 or older or have verifiable prior consent by your parent or guardian. You may not create an Account unless you can form legally binding contracts in compliance with all applicable local, state, national, and international laws, rules and regulations, and only if you are 14 years of age or older or have verifiable prior consent by your parent or guardian. If you are a resident of a country where the minimum age may be older, you are responsible for complying with your country’s laws.
Account access: Your login may only be used by one person — i.e., a single login may not be shared by multiple people. You will be solely responsible for the activities of anyone accessing the Site using a password assigned to you, even if the individual is not, in fact authorized by you, and Trayn is not responsible for any loss that results from the unauthorized use of your username/password with or without your knowledge.
System Requirements: In order to use Trayn, the system has to adhere to the system’s requirements described here.
2.3. User Account Security
Short version: You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.
You are responsible for keeping your Account secure while you use our Service.
You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Organization Account).
You are responsible for maintaining the security of your Account and password. Trayn cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will promptly notify Trayn if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
Short version: You are responsible for any fees associated with your use of Trayn. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.
Our pricing and payment terms are available at trayn.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
3.2. Upgrades, Downgrades, and Changes
We will bill you when you upgrade from the trial to a paying plan, but your subscription will start with the end of the trial period.
If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.
3.3. Billing Schedule; No Refunds
For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period.
In order to treat everyone equally, no exceptions will be made.
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, bank account, or other approved methods of payment for fees that you authorize for Trayn.
3.5. Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Trayn any charge incurred in connection with your use of the Service. If you dispute the matter, contact us. You are responsible for providing us with a valid means of payment.
If a payment cannot be processed and the liability is not resolved within five days, the Service will be terminated.
4. Cancellation and Termination
Short version: You may close your Account at any time. If you do, we’ll treat your information responsibly.
4.1. Account Cancellation
We will provide the Service to you for your Account until your Account is terminated by you or us. It is your responsibility to properly cancel your Account with Trayn. You can cancel your Account at any time by contacting us.
4.2. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete Content of your Account within 12 months of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled.
Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after any Account closure, suspension, or downgrade. You must make this request within 90 days of closure, suspension, or downgrade.
4.3. Trayn May Terminate
Trayn has the right to disable your Account, if you fail to comply with this Agreement. If we do so, we may also choose to delete your Account Information or remove Content you have posted or uploaded to the Site or your Account.
Trayn has the right to terminate your Account at any time, with or without cause, upon 30 days advanced notice or if your Account has been disabled for more than 90 days.
5. Acceptable Use
Short version: While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations.
5.1. Compliance with Laws and Regulation
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your and your Users' use of the Service is in compliance with laws and any applicable regulations.
5.2. Content Restrictions
You agree that under no circumstances will you or your Users upload, post, host, or transmit any content that:
is unlawful or promotes unlawful activities;
is or contains sexually obscene content;
is libelous, defamatory, or fraudulent;
is discriminatory or abusive toward any individual or group;
contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age 14, without their parental or guardian consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
5.3. Conduct Restrictions
While using Trayn, you agree that under no circumstances, will you or your Users:
harass, abuse, threaten, or incite violence towards any individual or group, including Trayn employees, officers, and agents, or Other Users;
use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
attempt to disrupt or tamper with Trayn’s servers in ways that could harm our Website or Service, to place undue burden on Trayn’s servers through automated means, or to access Trayn’s Service in ways that exceed your authorization (other than those authorized by the Trayn Bug Bounty program);
impersonate any person or entity, including any of our employees or representatives, including through false association with Trayn, or by fraudulently misrepresenting your identity or site’s purpose; or
violate the privacy of any third party, such as by posting another person’s personal information without consent.
5.4. Not Medical Advice
The content we provide through the Site ("Content"), whether provided by Trayn or by other account holders (see User-Generated Content) is not intended to be and should not be used in place of
the advice of your physician or other medical professionals,
a visit, call or consultation with your physician or other medical professionals, or
information contained on or in any product packaging or label.
Our Content does not constitute medical advice. You should never disregard medical advice or delay in seeking medical advice because of the Content, and you should not use the Content for diagnosing or treating a health problem. The transmission and receipt of the Content, in whole or in part, does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and us.
The Content may promote physical activity. Please consider the risks involved and consult with your medical professional prior to engaging in any physical activity or training regimen. Trayn is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Site.
5.5. Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Trayn’s express written permission.
Misuse of Other Users' Personal Information is prohibited.
5.7. Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation to Other Users, we reserve the right to suspend your Account or throttle your file hosting until you can reduce your bandwidth consumption.
5.8. User Protection
You agree not to engage in activity that significantly harms Other Users. We will resolve disputes in favor of protecting All Users as a whole.
6. User-Generated Content
Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.
6.1. Responsibility for User-Generated Content
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you or your Users post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
6.2. Trayn May Remove Content
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Trayn terms or policies.
6.3. Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for Your Content. If you’re posting anything you or your Users did not create yourselves and on your behalf, or do not own the rights to, you agree that you and your Users are responsible for any of that Content; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
6.4. License Grant to Us
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you or those you choose to show it to; parse it into a search index or otherwise analyze it on our servers; share it with Other Users you choose to share it with; and perform it, in case Your Content is something like music or video.
This license does not grant Trayn the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.
6.5. License Grant to Other Users
Any User-Generated Content you or your Users post publicly, including but not limited to exercises, workouts, templates, tests, may be viewed by others. By setting content to be viewed publicly, you agree to allow Other Users to view and use your content.
If you set your parts of Your Content to be viewed publicly, you grant Other Users of Trayn a nonexclusive, worldwide license to use, display, and perform Your Content through the Trayn Service and to reproduce Your Content solely on Trayn as permitted through Trayn’s functionality. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to Other Users.
6.6. Moral Rights
You retain all moral rights to Your Content that you or your Users upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section 'Licence Grant to Us, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant Trayn the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
7. Intellectual Property Notice
Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.
7.1. Trayn’s Rights to Content
7.2. Ownership of Trademarks
The trademarks and service marks used or displayed on the Site ("Trademarks") are registered and unregistered Trademarks of Trayn and its licensors or affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any Trademarks displayed on the Site without the prior express written permission of Trayn or the applicable trademark owner.
8. Copyright Infringement
Short version: Please let us know if you believe any copyright is infringed on our site.
Claims of Copyright Infringement If you have reason to believe any part of the Content of the Site infringes the copyrights of others, please contact us. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any Site by any user who is alleged to have posted infringing materials or a link to infringing materials on the Site and to immediately remove or disable the allegedly infringing Content or link.
Notice of Claim of Copyright Infringement If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please contact us if you believe that (a) any Content displayed on the Site infringes your copyright or (b) any link posted on the Site links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit Trayn to locate the material on the applicable Site; enough information to permit Trayn to contact you, such as your name, address, telephone number and email address;
a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the "Copyright Owner"), an agent for the copyright owner, or by law;
a statement that all of the information you have provided is accurate; and
a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the Copyright Owner.
9. Communications with Trayn
Short version: We use email and other electronic means to stay in touch with our users.
9.1. Electronic Communication Required
For contractual purposes, you
consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and
agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.
This section does not affect your non-waivable rights.
9.2. Legal Notice to Trayn Must Be in Writing
Communications made through the website or Trayn Support’s messaging system will not constitute legal notice to Trayn or any of its officers, employees, agents or representatives in any situation where notice to Trayn is required by contract or any law or regulation. Legal notice to Trayn must be in writing to firstname.lastname@example.org
1255 Vienna Drive #15,
Sunnyvale, CA 94089, USA
Please make your requests as specific and narrow as possible, including the following information:
Full information about authority issuing the request for information
The name and badge/ID of the responsible agent
An official email address and contact phone number
The user, organization, name(s) of interest
The URLs of any resource of interest
The description of the types of records you need
9.3. No Phone Support
Trayn only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
10. Disclaimer of Warranties
Short version: We try to meet your needs and correct any problems, but we cannot promise that everything will always be perfect. Please read this section carefully; you should understand what to expect.
Trayn provides the Website and the Service "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Except as expressly provided herein, to the maximum extent permitted by law, Trayn hereby expressly disclaims all warranties of any kind, whether express or implied, with respect to the Service, our Content, and all software, products or service described on or available through the Site. We are not responsible for any action by an athlete, coach, sponsor or any other party relating to your use of the Site. You will not assert any claims that you may have against an athlete, coach, sponsor or any other party against Trayn.
Trayn does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
11. Limitation of liability
Short version: We don’t want to be sued or pay you more than you pay us.
To the maximum extent permitted by applicable law, each party’s total cumulative liability to the other party or any third party under this Agreement from all causes of action and all theories of liability will be limited to and will not exceed the fees you’ve actually paid us during the 24 months preceding the claim giving rise to such liability.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
the use, disclosure, or display of your User-Generated Content;
your use or inability to use the Service;
any modification, price change, suspension or discontinuance of the Service;
the Service generally or the software or systems that make the Service available;
unauthorized access to or alterations of your transmissions or data;
statements or conduct of any third party on the Service;
any Other User interactions that you input or receive through your use of the Service; or
any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
Short version: You will have to cover all claims and costs we suffer due to your use of the Site.
You (including, but not limited to, any user who is an athlete, coach or administrative user) will indemnify and hold Trayn, and its parents, affiliates, shareholders, officers, directors, sponsors, employees, suppliers and contractors, harmless from any claim, liability, loss, expense or demand, including, without limitation, reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site (including any information, materials, products or Service available through the Site), your connection to the Site, your violation of this Agreement, or your violation of any rights of another.
Short version: Our attorneys made us include these provisions to make this a real contract and you should review them.
13.1. Governing Law
This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of law principles, and this Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in San Francisco, CA for any legal proceedings related to this Agreement.
You may not assign, delegate or otherwise transfer your Account or your obligations under this Agreement. Trayn will have the right, in its sole discretion, to transfer or assign all or any part of its rights under this Agreement and will have the right to delegate or use third party contractors to fulfill its duties and obligations under this Agreement.
13.3. Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Trayn to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
The captions of each Section and colloquial summaries under the section headings are added as a matter of convenience only and colloquial summaries will be considered of no effect in the construction of any provision of this Agreement.
13.5. Attorneys' Fees
If any party hereto will bring any suit or action against another for relief, declaratory or otherwise, arising out of this Agreement, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees.
13.6. Entire Agreement
13.7. Limitation on Actions
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13.8. Force Majeure
Trayn will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, internet outages, communication outages, fire, flood, war, or earthquakes.
14. Changes to the Agreement
Trayn may revise this Agreement from time to time. Any and all changes to this Agreement will be reflected on this page. We may also provide you with additional forms of notice of modifications or updates as appropriate under the circumstances.