Age Restrictions 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 13 years of age or older.

Your Account Information By submitting a registration form or creating a password on the Site, you represent to us that (a) you meet any age restrictions posted on the registration page(s) and (b) the information you have provided on your registration form ("Account Information") is true, accurate, current and complete. You will maintain and promptly update your Account Information using the functionality provided through the Site to keep it true, accurate, current and complete.

Passwords You are responsible for maintaining the confidentiality of your Account password. 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. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it, using the functionality provided on the applicable Site, and notify us at support@trayn.com.

Permitted Uses Use of Accounts is limited to our subscribers’ and their authorized personnel’s use on behalf of the subscriber, and you may not exploit or use any aspect of our Site for any other commercial purpose without our prior written authorization.

System Requirements In order to use Trayn, the system has to adhere to the system requirements described here.

Up-front Payment All prices for our Service are payable in full and upfront, before commencement of the Service. The prices for our Service are valid for a twelve (12) months subscription period and the subscription is automatically extended for the same period, if the User has not canceled the Services before the end of the subscription period.

Payments are due on the first day of the subscription period. If the payment has not been received in full within thirty (30) days after the start of the subscription period, the Service will be terminated and data will be deleted from the servers.

If a payment cannot be processed and the liability is not resolved within five (5) days, the Service will be terminated. This termination also includes withholding of the User’s data until all open payments have been successfully processed.

Incidental bank charges are covered by the User.

You acknowledge that your electronic submissions constitute an Agreement and an intent to be bound by and pay for such Agreements and transactions. Your Agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Site, including, for illustration purposes only, notices of cancellation, policies, contracts and applications.

Note that any of the terms and conditions in this payment section may be varied in a written document agreed upon by Trayn.

Term We will provide the Service to you for your Account until your Account is terminated by you or us. Any termination by you shall only be valid if your notice of termination is timely received by us either via US mail or via e-mail to the following address: 1225 Vienna Drive #15, Sunnyvale, CA 94089, USA. We will make efforts to pro-rate your fees based on your termination date and return any previously paid fees.

Termination for Cause We reserve the right to disable your password and terminate your access to your Account if you fail to comply with this Agreement, including without limitation, failing to comply with the password restrictions or providing false Account Information. 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.

Other Termination We have the right to cease providing the Service at any time. If we terminate the Service, we will endeavor to provide you with a pro rata refund for the remaining portion of the term of your Account.

User Content Current and anticipated features of the Site provide ways for our users to post, upload, transmit through or otherwise make available ("post") Content including text, images, illustrations, graphics, workout, fitness, health, performance, testing, injury, and other data, audio, video or audio-video clips, or other materials on or through the Site. The Content our users post is referred to as "User Content" in these Terms of Use. The Content that you post is referred to as "your Content" in these Terms of Use.

Prohibited Content You may not post Content on or through the Site that:

Responsibility for User Content You are responsible for all Content you post to your Account and the Site and for adjusting the Account settings that permit you to display your Content on the Site, where applicable. Posting Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to your Content. We will make reasonable efforts to prevent your Content from disclosure beyond the settings you select, but we cannot guarantee these settings will prevent your Content from being viewed or accessed by unintended third parties and we will not be liable for such disclosures. We are not responsible for and do not control User Content, and, therefore, we do not guarantee the accuracy, integrity or quality of any User Content. You understand that by using pages of the Site on which users may post User Content, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, settings viewing errors, or any loss or damage of any kind incurred as a result of the use of any User Content posted on or through the Site.

Rejection/Removal of Your Content You acknowledge that we do not pre-screen User Content posted on the Site, but that we have the right (but not the obligation) in our sole discretion to edit, refuse, or remove any User Content or portion thereof that is available via the Site, in our sole discretion, for any reason. Without limiting the foregoing, we have the right to remove from the Site any User Content that violates this Agreement or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Site by any person, please contact us via e-mail at support@trayn.com.

Ownership of Your Content We do not claim ownership rights in your Content. Subject to the non-exclusive license contained in the following paragraph, you own and will retain any and all intellectual property rights that you may have in your Content.

License to Use Your Content By posting your Content on or through the Site, you hereby grant us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use and disclose your Content as set forth in our online Privacy Policy. You may contact us to request that your Content be removed from the Site. We cannot guarantee the complete deletion of your Content and copies thereof, especially on message boards, blogs or other community pages. Back-up or residual copies of any Content that we remove may remain on our servers after the Content has been removed from view, and we retain all rights granted in this paragraph to all such remaining copies.

Your Warranties Regarding Your Content By posting your Content via the Site, you represent and warrant that (i) you own all right, title and interest in your Content, or otherwise have the right to grant the license set forth in preceding paragraph, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

User Content As between you and us, we own and reserve all rights, title and interests in the Site, including all of the software and code that comprise and operate the Site, and all of the Content on the Site except User Content. The Site and the Content we and others provide are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of each Site is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of each Site.

License to You We hereby grant you a limited, revocable, non-sublicensable license to download and print copies of any portion of the Content of the Site to which you have properly gained access for your personal use. You are not permitted to remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content (unless you posted the Content). The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots, scraping or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause.

Restrictions You may not, and you may not permit others to, copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on the Site (except your Content) except as expressly provided in this Agreement without our prior written permission. Any use of the Site, including the Content of the Site (except your Content), other than as specifically authorized in this Agreement is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.

Claims of Copyright Infringement If you have reason to believe any part of the Content of the Site infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. 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 notify our Copyright Agent immediately 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 us to locate the material on the applicable Site; enough information to permit us to contact you, such as your name, address, telephone number and e-mail 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.

Your notice must be signed (physically or electronically) and must be addressed to:
Trayn, Inc., 1255 Vienna Drive #15, Sunnyvale, CA 94089, USA
Attn: Philipp Pinter, President
e-mail: support@trayn.com

The Site may contain links to websites operated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Trayn makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or Service described thereon. Products, Service and content offered to or through linked websites are subject to the terms and conditions made available by those respective websites, and the data collection practices of linked websites will be governed by the respective privacy policies of those websites, not by ours.

Trayn may also post or otherwise provide content of third parties (“Third Party Content”) as a service to those that might be interested in this information. Trayn does not guarantee, endorse or adopt the accuracy, completeness, legality, or innocuousness of any Third Party Content. Trayn is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.

You agree that Trayn is not responsible for examining or evaluating the content or accuracy, and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Service of third parties. You agree to not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Trayn is in no way responsible for your use.

Third Party Content may include, but may not be limited to, advertising targeted towards specific users or information received from third parties with your authorization.

We will use commercially reasonable efforts to provide you the Service relating to your Account during the term of your Account in accordance with our current description of Service applicable to your Account. In the event of any breach of this warranty, please notify us at support@trayn.com. We will re-perform the Service as necessary to correct the problem provided that you notify us within thirty (30) days of the problem. The foregoing remedy will be your sole and exclusive remedy with respect to any failure of the Service to meet the warranty set forth herein.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST 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, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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 MAKES NO WARRANTY: THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRAYN OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. WE DO NOT WARRANT THAT THE SITE, SERVERS, CONTENT ON THE SITE, E-MAILS SENT FROM US, OR PRODUCTS OR SERVICE AVAILABLE ON THE SITE, IF ANY, WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS CONTAINED IN THIS SECTION 15 MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR PARENTS, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, SPONSORS, EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRAYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE AND THE SITE, OR OTHERWISE RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM ANY GOODS, CONTENT, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

IN NO EVENT WILL OUR AGGREGATE LIABILITY UNDER THIS SECTION 16 EXCEED THE AMOUNT YOU PAID FOR YOUR ACCOUNT COVERING THE YEAR IMMEDIATELY PRECEDING THE CLAIM. THIS IS YOUR EXCLUSIVE REMEDY.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use will apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Notice We will send you notices via e-mail or regular mail. We may also display notices or links on the Site as described in this Agreement.

Assignment 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.

Severability If any clause or provision of this Agreement will be held by a court of competent jurisdiction to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, will nevertheless be and remain in full force and effect, and the parties will promptly substitute for the invalid provision a valid and binding provision resembling the invalid provision as closely as possible in intent and economic effect.

Captions 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.

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.

Survival Sections 15 through 17 and this Section 20 will survive the termination of this Agreement.

Waiver Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof will not be deemed a waiver of such terms, covenants and conditions, nor will any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver will be valid unless in writing and signed by an authorized officer of Trayn.

Entire Agreement This Agreement, including these Terms of Use (this document) and our Privacy Policy, constitute the entire agreement between you and Trayn and govern your use of the Site, superseding any prior agreements between you and Trayn with regard to your use of the Site.

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.

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.