Terms of Use
Last Updated December 13, 2020

Welcome to the Traen family! Thank you for visiting and downloading our App. 

This Terms of Use is a binding contract between you, an individual user (“you”) and Traen (“Traen,” “we,” “us” or “our”) governing your use of the mobile software applications that Traen makes available for download (individually and collectively, the “App”), the related website located at https://www.gettraen.com and any other online properties owned or controlled by or on behalf of Traen (collectively with the App, the “Service”). BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS Terms of use. IF YOU DO NOT AGREE TO THE TERMS OF THIS Terms of use, THEN YOU SHOULD NOT USE THE SERVICE.


1. Ground Rules
Our terms may change. We may update these Terms from time to time. If any changes are made, we will post a notice or send you a notification. Please make sure you read through any changes, and if you don’t agree to them, please stop using the App. If you continue to use our App after we notify you of changes, it is deemed that you have agreed and accepted the updated Terms.Privacy Policy. Your access to and use of the Service is also subject to Traen’s Privacy Policy, the terms and conditions.Jurisdictional Issues. Traen makes no guarantee that their services are appropriate, lawful, or available for use in any locations outside the United States of America. Those who choose to access or use the Service from locations outside the United States of America are responsible for compliance with local laws. The service is not available to anyone under the age of 13 or for any users who have been suspended by Traen. IF YOU ARE UNDER 13 YEARS OF AGE, YOU  CANNOT USE OR ACCESS THE APP. By accessing or using the Service, you affirm that either you are at least 18 years of age or have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age.

2. What is Traen?
Traen is a digital platform where users can assemble exercises into “workouts” and create a workout schedule. Traen merges individual video exercises into a targeted workout of any length by matching metadata with audio guidance.The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, “ Mobile Services”). Your mobile carrier’s messaging, data, and other rates and fees will apply to your use of the Mobile Services. Downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. You are solely responsible for ensuring the Mobile Services are available for your mobile device(s) and if there are any restrictions that will cost you.

3. Registration Process
Log-In Credentials. In order to enjoy all aspects of the Service, you must download the App and register an account with us (an “Account”).You are fully responsible for the security of your Account and for all activities that occur in and through your account. You may not share your account or password with anyone. You agree to notify Traen immediately at hello@gettraen.com of any unauthorized use of your password or any other breach of security to your Account. Prior to you notifying Traen of any unauthorized use or loss of your credentials, Traen will not be liable for any loss or damage because of unauthorized use of your credentials. When creating an Account, you will provide true, accurate and complete information to Traen. We reserve the right to disallow, cancel, remove, or reassign certain usernames. In certain circumstances, we may use our sole discretion, with or without prior notice, to suspend or terminate your Account, especially if activities might constitute a violation of this Terms of Use, contain illegal activity, or damage the reputation of Traen. If messages are returned undeliverable to the email you provide, we hold the right to terminate your account without notice or liability.

4. Intellectual Property Rights
Subject to your complete and ongoing compliance with this Agreement, Traen hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your personal, non-commercial use. Traen reserves all rights not expressly granted to you.Except for User Content, the content that Traen provides to end users on or through the Service, including without limitation, any Class (including the programming of such Class), text, graphics, photos, software, sound recordings (and the musical works embodied therein), and interactive features, may be protected by copyright or other intellectual property rights and owned by Traen or its third party licensors (collectively, the “Traen Content”). You may not copy, reproduce, upload, re-publish, broadcast, transmit, retransmit, post, modify, create derivative works of, publicly perform, publicly display, use for commercial purpose or distribute any materials from the Service without prior express written permission of the owner of such material or as permitted by the Service’s intended functionalities. All goodwill generated from the use of any Traen Trademark will inure solely to Traen’s benefit.

5. User Content
“User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, any text, comments and other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all Traen Content.You represent that you have the right to post your User Content, and you grant Traen a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. 

You agree not to Post any User Content to the Service that is or could be interpreted to be abusive, defamatory, harassing, hateful, offensive, pornographic, threatening, unlawful, violent, or in violation of any applicable laws (collectively, “Objectionable Content”). 
The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this Terms of use may be raised as a defense against such third party claims. If you encounter any Objectionable Content on the Service, please contact us immediately at hello@gettraen.com. Traen in its sole discretion may take any actions it deems necessary and/or appropriate against any user who Posts Objectionable Content on the Service.

6. Let’s Make This App Better Together
We know we don’t have all the answers. We welcome your feedback, comments, and suggestions. By sending Feedback to Traen, you agree to a few thing listed here. Traen has no obligation to review or implement your Feedback. Feedback is provided on a non-confidential basis and Traen is not under any obligation to keep any Feedback confidential. You irrevocably grant unlimited

 7. Restrictions on Use of the Service
You agree to not make unauthorized copies or derivative works of any content made available on or through the Service; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; delete or alter any material Traen or any other person or entity Posts on the Service.

8. Friends on External Sites
The Service may contain links to, or the ability to share information with, third party websites (“External Sites”). Traen does not endorse any External Sites or the content made available on such External Sites. Traen is not responsible for the content of any External Sites. You agree that Traen will have no liability to you arising from your use or interaction with any External Sites.

9. Procedure for Making Claims of Copyright Infringements
If you believe that your copyright has been infringed, send us a DMCA notice that contains:- Your name.- The name of the party whose copyright has been infringed, if different from your name.- The name and description of the work that is being infringed.- The location on our Site of the infringing copy.- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use. You must sign this notification and send it to hello@gettraen.com (e-signatures accepted).  

10. Dispute Resolution
You and Traen agree that any dispute arising out of or in any way related to this Terms of use or your use of the App will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS Terms of use, YOU AND TRAEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.YOU AND TRAEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Traen agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 

11.  Physical Activity Disclaimer
 If you have any medical conditions or are thinking about starting an exercise program or engaging in physical activity, you should consult your doctor first. We do not make any representations or warranties that the app is intended to and/or does diagnose, treat, cure, or prevent any allergies or other medical disorders or conditions, and you hereby acknowledge this disclaimer and that we are not engaged in providing you with a medical device, medical advice and/or healthcare services by providing you with access to the app. We are not responsible in any way for any health problems or injuries, including, without limitation, incapacity or death, which may result from or be related to your use of or inability to use the App. Please be safe.

12. Limitation of Liability and Disclaimer of Warranties
TRAEN, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “ TRAEN PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE. THE TRAEN PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO ANY USER, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.THE TRAEN PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO TRAEN PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE TRAEN PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.IN NO EVENT WILL ANY TRAEN PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH TRAEN PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRAEN’S LIABILITY, AND THE LIABILITY OF ANY OTHER Traen PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US AND U.S. $100.13. Third Party DisputesAny dispute you have with any third party that arises from using the service is directly between you and such third party. With this, you irrevocably release the Traen parties from any and all claims of every kind, known and unknown, that arises in any way connected to such disputes.The owners of any content licensed to Traen for use on the Service are also  beneficiaries of this Terms of use and given the right to enforce this Terms of use against you for any unauthorized use of their content. 

13. Indemnification.
You agree to indemnify, defend, and hold harmless Traen Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Traen Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Traen Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.

14. Term and Termination of the Terms of use.

As between you and Traen, the Term of this Terms of use commences as of your first use of the Service and continues until the termination of this Terms of use by either you or Traen.You may terminate this Terms of use by sending written notification to Traen at hello@gettraen.com, deleting the App from your mobile device, and terminating all other uses of the Service. Traen reserves the right  to restrict, suspend, or terminate this Terms of use and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this Terms of use.  

15. Miscellaneous
This Agreement shall be governed by the laws in force in the State of Delaware. The offer and acceptance of this Agreement are deemed to have occurred in the State of Delaware.

NOTICE REGARDING APPLE. You acknowledge that this Terms of Use is between you and Traen only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Terms of Use, and upon your acceptance of this Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use against you as a third party beneficiary of this Terms of Use. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.