Training Club Terms and Conditions

Last updated: 2026-04-16

1. Introduction and Acceptance

1.1 Overview

These Terms and Conditions ("Terms") between you ("you", "your", "User") and LLC "PTC PRO", company incorporated under the laws of Ukraine with registered number: 46282690 ("Company", "we", "us", "our") govern your access to and use of our mobile software (the "Software") and its all related services (collectively, the "Service"). For ease of reference, the term "Training Club" refers to the aggregate of the Software and the Service.

1.2 Acceptance of Terms

By checking the "Agree" section of the pop-up window, accessing or using the Training Club, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional terms and policies referenced herein, and the relevant terms and policies of App Store and Google Play. If you do not agree to these terms in their entirety, you are not authorized to access or use the Training Club.

Our Privacy Notice outlines the processing of any personal data that you provide. We may update the Privacy Notice at any time by posting such updates in the Training Club. You will find the complete text of the Privacy Notice by the hyperlinks provided in the Training Club. Please read carefully our Privacy Notice which describes the processing of your personal information.

The processing of personal data is not governed by these Terms but rather derives from, and has its legal basis under, applicable data protection laws and regulations, including the General Data Protection Regulation ("GDPR"). Such processing may, inter alia, be necessary for the performance of an agreement between you and the Company or for taking steps prior to entering into such an agreement. Privacy Notice is provided solely for informational purposes in accordance with applicable privacy laws and regulations.

Certain aspects of the Training Club, including specific features or functionalities, may be governed by supplementary guidelines, rules, or terms of service. We will provide notice of any such additional terms through the Training Club or by other appropriate means, and these additional terms are hereby incorporated into these Terms by reference. In the event of any conflict between these Terms and the additional terms, the provisions set forth in the additional terms shall govern the specific feature or functionality at issue.

1.3 Definitions

The following definitions shall apply to interpret these Terms:

• "Account" means a personalized user profile created to access and use the Training Club, including any associated credentials, identifiers, profile settings, activity history, and role status.
• "Consumer User" means a User who accesses and uses content available in the Training Club without being granted Creator status.
• "Creator" or "Trainer" means a User who has been approved, authorized, or otherwise enabled by the Company to create, upload, manage, and publish Exercises, Workouts, Collections, or other User Content within the Training Club.
• "Content" means any information, text, graphics, interfaces, software elements, videos, images, audio-visual materials, metadata, compilations, layouts, and other materials made available through the Training Club, whether provided by the Company or by Users.
• "User Content" means any Content that a User submits, uploads, posts, publishes, transmits, stores, or otherwise makes available through the Training Club.
• "Creator Content" means User Content created or published by a Creator, including exercise videos, exercise descriptions, workout structures, collections, labels, classifications, and related materials.
• "Exercise" means an individual exercise unit made available in the Training Club, which may include a video demonstration and an optional text description.
• "Workout" means a structured sequence of one or more Exercises and/or sets organized for performance through the Training Club.
• "Collection" means a grouping of Workouts organized by a Creator according to selected criteria, including, without limitation, style, complexity, equipment, or duration.
• "Metrics" means automatically generated statistics, indicators, summaries, or calculations displayed within the Training Club, including workout completion percentages, total training time, usage duration, activity charts, and workout history.
• "Reported Content" means any Content, Account, or activity that has been flagged, reported, or otherwise submitted to the Company for review through the Training Club's reporting tools or through other communication channels.
• "Subscription" means a paid access plan or paid entitlement made available through the Training Club that grants access to specified premium, expanded, or less restricted functionality for the period or scope described in the applicable offer. Subscriptions may include recurring monthly or annual plans and, where offered, non-recurring lifetime access plans.
• "Intellectual Property Rights" means all present and future rights recognized under applicable law in or relating to copyrights, neighboring rights, moral rights, patents, trademarks, trade names, trade dress, service marks, database rights, domain names, trade secrets, know-how, and other proprietary or industrial rights, whether registered or unregistered, and all applications, extensions, renewals, and equivalents thereof.
• "Platform Provider" means Apple, Google, or any other authorized third-party provider through which the Training Club is distributed, downloaded, purchased, or accessed.

1.4 Eligibility

You may use the Training Club only if you have the legal capacity to enter into a binding agreement under the laws applicable to you. If you are below the age of majority in your jurisdiction, you may use the Training Club only with the consent and supervision of your parent or legal guardian, and such parent or legal guardian agrees to be bound by these Terms on your behalf and to be responsible for your use of the Training Club.

By using the Training Club, you represent and warrant that: (i) you satisfy the eligibility requirements set out in this Section; (ii) all information you provide in connection with your Account is accurate and not misleading; and (iii) if you seek or obtain Creator status, you will not misrepresent your identity, qualifications, experience, or authority.

1.5 Jurisdictional Restrictions

You may not access or use the Training Club in any manner that violates applicable law, regulation, court order, sanctions restriction, export-control rule, or legally binding governmental requirement applicable to you, the Company, or the Training Club.

1.6 Disclaimers

Using the Training Club you irrevocably agree to the following:

• General Fitness Content Only: The Training Club provides general fitness, exercise, and training-related content for informational and educational purposes only. The Training Club does not provide medical advice, diagnosis, treatment, rehabilitation advice, physiotherapy advice, or individualized healthcare or coaching services. Nothing in the Training Club is intended to replace consultation with a licensed physician or other qualified healthcare professional.
• Creator Content Disclaimer: Certain content made available through the Training Club is created, uploaded, published, or managed by independent Users acting as Creators. The Company does not guarantee, certify, endorse, verify, or assume responsibility for the accuracy, completeness, effectiveness, safety, legality, quality, appropriateness, or fitness of any Creator Content. Unless the Company expressly states otherwise in relation to a specific Creator, the Company does not represent that any Creator holds any particular qualification, certification, license, or level of professional competence.
• Subjective Classifications: Workout categories, complexity or difficulty levels, equipment labels, style descriptors, and similar classifications may be assigned by Creators on a subjective basis. The Company does not warrant that any such classifications are objective, complete, accurate, or suitable for any individual User.
• Demonstration Only Materials: Exercise videos, descriptions, and other instructional materials are illustrative only and may not account for your physical condition, health status, injuries, limitations, technique, environment, or individual fitness level. You remain solely responsible for determining whether any exercise or workout is appropriate for you.
• Automated Mechanics and Metrics: The Training Club may include timer-based workout flows, completion percentages, activity summaries, total-time calculations, weekly charts, history views, and other automatically generated Metrics. Such Metrics are provided for informational and motivational purposes only, may be approximate, and do not constitute medical, biomechanical, or performance assessment. The Company does not guarantee that any Metric accurately reflects actual physical exertion, performance quality, caloric impact, or health outcome.
• Use at Your Own Risk: Physical exercise involves inherent risks, including the risk of injury, aggravation of existing conditions, pain, discomfort, falls, or other adverse outcomes. You voluntarily assume all risks arising from your use of the Training Club and from your performance or attempted performance of any exercise, workout, or training recommendation accessed through the Training Club.
• No Guaranteed Results: The Company does not guarantee any particular fitness result, training outcome, performance improvement, body-composition effect, or health benefit from use of the Training Club. Outcomes depend on numerous factors outside the Company's control.
• Platform Role Only: Except where the Company expressly identifies specific content as Company-produced content, the Company acts as the operator of the Training Club platform and not as the author, coach, trainer, or direct provider of Creator Content.

2. Scope of Service and Access

2.1 Service Description

The Training Club provides a digital platform that may enable Users to:

• register and maintain a personal Account;
• access Exercises, Workouts, and Collections made available through the Training Club;
• save selected Workouts and follow Collections;
• perform Workouts using the Training Club's timer-based workout flow, including preparation, active, and rest phases;
• use certain in-app functions such as skipping exercises, using additional rest periods where available, changing interface language, and sharing links to content;
• view certain Metrics generated by the Training Club, including workout history, total time spent, completed workouts, account age, and activity charts;
• receive notifications relating to followed Collections or other in-app events, subject to device and platform settings; and
• where approved by the Company, create, upload, manage, publish, archive, and remove Creator Content.

The scope, availability, design, and functionality of the Training Club may vary by user role, jurisdiction, platform, subscription status, software version, device compatibility, and operational decisions of the Company.

The Company may, at its sole discretion, deploy bug fixes, error corrections, patches, and other improvements that do not materially alter the core functionality of the Training Club ("Updates"). Any such Updates provided to you will automatically become part of the Training Club's services under these Terms, and you acknowledge that these improvements are included without additional cost. However, the Company is under no obligation to supply any Updates.

Notwithstanding the foregoing, you further acknowledge and agree that the Company may periodically release significant enhancements or modifications that materially change the functionality of the Training Club ("Upgrades"). Unlike Updates, Upgrades will not automatically become part of the Training Club's services under these Terms, and the Company reserves the right to charge additional fees for access to such Upgrades.

2.2 Access through Platform Providers

The Training Club may be made available through the Apple App Store, Google Play, and any other distribution channel expressly authorized by the Company. Where you obtain the Training Club through a Platform Provider, you acknowledge that:

• these Terms are concluded solely between you and the Company, and not with the applicable Platform Provider, except to the extent otherwise required by mandatory platform rules;
• your right to use the Training Club is subject to the usage rules and policies imposed by the applicable Platform Provider; and
• the applicable Platform Provider has no obligation to furnish maintenance, support, or warranty services in relation to the Training Club, except as may be required under its own policies or by applicable law.

To the extent required by Apple's or Google's applicable terms, Apple, Google and their subsidiaries shall be third-party beneficiaries of these Terms and shall have the right to enforce these Terms against you as a third-party beneficiary.

2.3 Account

In order to access certain features of the Training Club, you may be required to create an Account. Account registration may be available through Sign in with Apple, Google Sign-In, email registration, or any other authentication method made available by the Company. Where registration by email is used, the Company may require activation or verification through a confirmation link sent to the email address you provide.

You agree to provide information that is accurate, current, and complete and to keep your Account information updated. You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities occurring through your Account, whether or not authorized by you, unless and to the extent caused by the Company's breach of applicable law.

Your Account may contain profile identifiers and profile materials, including nickname, avatar, language settings, and other information made editable by the Training Club. You are solely responsible for ensuring that such identifiers and materials do not (i) infringe third-party rights, (ii) impersonate another person or misrepresent affiliation, credentials, or identity, (iii) contain unlawful, offensive, or misleading material, or (iv) otherwise violate these Terms.

By default, a registered User accesses the Training Club as a Consumer User. A User may apply for or otherwise request Creator status where such functionality is made available. The Company may approve, reject, suspend, restrict, or revoke Creator status at its sole discretion. Creator status may be subject to additional review, onboarding, eligibility conditions, internal policies, or separate contractual arrangements.

Where account deletion functionality is made available, you may initiate deletion of your Account through the app settings or other app interface designated by the Company. Completion of deletion may require additional confirmation steps. Deletion of an Account results in termination of access to the Training Club associated with that Account, subject to the Company's right to retain or preserve records, materials, transactional evidence, or other information where legally required, reasonably necessary for the establishment, exercise, or defense of claims, necessary for fraud prevention or security purposes, or otherwise permitted by applicable law.

The Company may suspend, restrict, or secure an Account where reasonably necessary for security, legal compliance, moderation, technical integrity, misuse prevention, or enforcement of these Terms.

2.4 User Roles and Creator Status

The Training Club operates on a role-based access model. Unless otherwise approved by the Company, Users access the Training Club as Consumer Users. Certain Users may be granted Creator status, which enables the creation, upload, management, and publication of Creator Content.

The Company reserves the right to determine eligibility criteria for Creator status and to impose additional operational, legal, quality-control, safety, or contractual requirements on Creators. Creator status is a revocable permission granted by the Company and does not create any employment relationship, partnership, joint venture, agency, franchise, fiduciary relationship, or representation authority between the Company and the Creator.

The Company may, at any time and at its sole discretion, restrict, suspend, withdraw, or terminate Creator status where it considers such action necessary or appropriate for legal compliance, platform governance, content moderation, quality assurance, safety concerns, operational integrity, or business reasons.

2.5 Hardware and Internet Connectivity

To use and access Training Club features, you are solely responsible for procuring and maintaining, at your own cost and risk, all necessary hardware, software, and telecommunications services required for connectivity and compatibility. Training Club shall have no liability for any equipment malfunctions, network failures, data overage fees, or other costs you incur in establishing or maintaining access to the Training Club.

The User acknowledges that a stable internet connection may be required to download, install, activate and access the Training Club, as well as to receive Updates and certain Content or functionality. The User is solely responsible for any data charges or other fees incurred in connection with such internet access. Notwithstanding this clause, specific features of the Training Club, if any, that are expressly identified within the Training Club as "offline-capable" may be used without an active internet connection. The availability and performance of offline features are subject to the Training Club's design and may be limited.

Certain features of the Training Club, including synchronization of Account data, content loading, notifications, sharing functions, and access to Creator Content, may require an active internet connection and may not function correctly offline.

2.6 Data Processing

Certain technical, operational, and usage related processing may occur as necessary to make the Training Club available, maintain its functionality, support Account authentication, enable notifications, secure the app, detect misuse, and improve service performance, as further described in the applicable Privacy Notice.

2.7 Third-Party Integrations

The Training Club may rely on, interoperate with, or include functionalities supported by third-party services, including without limitation identity providers, cloud hosting providers, push notification services, analytics providers, crash reporting tools, payment and subscription infrastructure, and content delivery mechanisms. The Company does not control third-party services and shall not be liable for downtime, incompatibility, errors, policy changes, service interruptions, or other failures attributable to such third-party services, except to the extent liability cannot be excluded under applicable law.

2.8 Acceptable Use Policy

By using the Training Club, you agree to adhere to the following acceptable use guidelines. Your compliance with these provisions is a condition of your continued access to and use of the Training Club:

• Lawful Use: You shall use the Training Club exclusively for lawful purposes and in full compliance with these Terms, as well as all applicable local, state, national, and international laws and regulations.
• Preservation of System Integrity: You agree not to engage in any activity that may harm, disable, overburden, or otherwise impair the Training Club's infrastructure or its operation. This includes, but is not limited to, initiating any form of denial-of-service attack, distributing malware, or otherwise interfering with the performance of the Training Club.
• Unauthorized Access Prohibition: You shall not attempt to gain unauthorized access to the Training Club, its systems, networks, or any data or resources that you are not expressly permitted to access. Any such attempts may result in immediate termination of your access to Training Club and legal actions.
• Content Restrictions: You must not use the Training Club to create, promote, or disseminate any material that constitutes hate speech, disinformation, or misinformation. This includes content that may incite harm or violate the rights of others and applicable law.
• Subscription Scope: Your use of the Training Club is limited to the purposes for which your Subscription was intended and described in your subscription plan. Any use beyond this scope is strictly prohibited.
• Impersonation Prohibition: You agree not to impersonate any person or entity, including by forging headers or manipulating identifiers, or otherwise misrepresent your affiliation with any individual, organization, Company official, or host.
• No Endorsement and Preservation of Proprietary Notices: You agree not to imply that any of your statements or actions are endorsed by the Company unless expressly authorized, nor may you remove, alter, or obscure any copyright, trademark, or other proprietary notices appearing on the Training Club or related materials.
• Framing and Mirroring Restrictions: You agree not to "frame" or "mirror" any elements of the Training Club without the Company's express prior written consent.

Failure to comply with these acceptable use provisions may result in the immediate suspension or termination of your access to Training Club, in addition to any other legal or equitable remedies available to the Company.

2.9 Reporting, Moderation, and Enforcement

The Training Club may provide tools allowing Users to report Content, Accounts, or conduct for review. Reports may be made on one or more predefined grounds or on any other ground permitted by the reporting interface. The Company reserves the unrestricted right, but not the obligation, to monitor, review, assess, investigate, moderate, refuse, restrict, hide, de-rank, de-list, archive, disable access to, remove, or permanently delete any Content, Account, interaction, or feature within the Training Club where the Company considers such action appropriate in light of these Terms, internal policies, platform-provider requirements, legal risk, reputational risk, operational needs, User safety, technical integrity, or applicable law.

The Company is under no obligation to publish, continue hosting, restore, or maintain the availability of any User Content or Account and may take action with or without prior notice where reasonably justified.

Where the Training Club makes available any user-level restriction, blocking, or interaction-control tools, Users are solely responsible for their use of such tools. The Company does not guarantee that such tools will prevent all undesired interactions or all exposure to objectionable material.

The Company may take enforcement action including warnings, content restrictions, loss of visibility, suspension of access, loss of Creator status, or termination of Accounts. The Company's moderation and enforcement decisions shall be final except where mandatory law requires otherwise.

3. Subscription, and Payment

3.1 Subscription Model

Certain features of the Training Club may be made available without charge, including initial access following registration, but may be subject to usage limits, access caps, content limits, or other restrictions determined by the Company and described within the Training Club.

The Company may offer paid plans that provide expanded, premium, or less restricted access to the Training Club. Such paid plans may include monthly, annual, and, where offered, lifetime access options. The features, entitlements, limitations, duration, and pricing applicable to each paid plan shall be those displayed to you at the time of purchase within the Training Club or the applicable Platform Provider interface.

Recurring paid plans renew automatically for successive billing periods unless cancelled in accordance with the rules of the applicable Platform Provider or as otherwise stated in the Training Club. Non-recurring lifetime access plans, where offered, do not auto-renew and grant access only for the period during which the relevant lifetime entitlement remains supported by the Company as part of the Training Club.

Upon notice to you, including by publishing respective information on Training Club, we may increase the Subscription fee on a proportionate basis due to significant increases in the cost of raw materials, labor, third-party equipment, and other third-party materials and services utilized in the Training Club, with such increase to take effect as of the next monthly billing cycle.

We ask you to keep a close eye on the payment details you provide us, App Store or Payment Processors with. In case of the payment delay we reserve the right to suspend your access to certain features of the Training Club automatically. If payment is returned for insufficient funds or bank charges, you shall reimburse us for all associated processing charges as well late charges to the extent applicable.

3.2 Payment Processing

Where the Training Club offers paid digital features, content, subscriptions, or other digital entitlements through a version of the Training Club distributed via the Apple App Store or Google Play, the applicable purchase, billing, renewal, cancellation, and payment processing shall be handled through the relevant Platform Provider's billing system, except to the extent a different billing route is expressly made available in compliance with applicable law and platform rules.

By making a purchase through a Platform Provider, you agree that the transaction is also subject to that Platform Provider's applicable billing terms, conditions, and policies. The Company does not receive, store, or control your full payment credentials in relation to Platform Provider-billed purchases and is not responsible for billing errors, payment failures, or transaction handling issues attributable to the Platform Provider or its payment infrastructure, except to the extent required by applicable law.

If the Company lawfully offers any purchase path outside a Platform Provider billing system, such purchase path shall be governed by the specific terms presented to you at the time of purchase.

3.3 Cancellation of Recurring Plans

You may cancel a recurring paid plan at any time before the start of the next billing period through the subscription-management tools of the applicable Platform Provider or through any other cancellation method expressly made available by the Company. Unless otherwise required by applicable law or Platform Provider rules, cancellation takes effect at the end of the current paid billing period and does not entitle you to a refund for the current billing period.

3.4 Refund Policy

Except where otherwise required by applicable law, purchases of digital features, paid plans, and digital entitlements made through the Training Club are final and non-refundable.

Where a purchase is made through the Apple App Store or Google Play, refund requests, billing disputes, withdrawal rights, and cancellation-related financial consequences shall be handled in accordance with the rules, procedures, and policies of the relevant Platform Provider. The Company does not guarantee that any refund request will be granted by a Platform Provider.

Nothing in these Terms limits any mandatory consumer rights that cannot be waived or excluded under the law applicable to you.

4. User-Generated Content and Intellectual Property

4.1 Company's Ownership

The Training Club, including any models, interfaces, algorithms, indexes or other software developed by the Company, along with all associated features, functionality, and tools, is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the Ukraine and international legislation. You acknowledge and agree that the Training Club and all related intellectual property rights are the exclusive property of the Company and its licensors. You are prohibited from removing, altering, or obscuring any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Training Club.

4.2 Trademarks

The company name, the terms "Training Club", as well as the app and Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Training Club are the trademarks of their respective owners.

4.3 License

Subject to your continued compliance with these Terms, the Company grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, access, and use the Training Club solely for your personal, non-commercial use on a compatible device that you own or control, in accordance with these Terms and the applicable Platform Provider's usage rules.

4.4 User-Generated Content

Subject to the rights granted under these Terms, Users retain any ownership rights they may have in their User Content, unless otherwise agreed separately by the Company and the User.

By submitting, uploading, posting, publishing, storing, or otherwise making User Content available through the Training Club, you grant the Company a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, transferable license to host, store, cache, reproduce, adapt, modify for technical purposes, format, transmit, distribute, display, communicate to the public, make available, moderate, analyze, use, and otherwise exploit such User Content to the extent necessary or appropriate to operate, administer, secure, improve, support, moderate, market, and provide the Training Club and related business operations.

You represent and warrant that:

• you own or otherwise control all rights necessary to upload and license your User Content as contemplated by these Terms;
• your User Content and its use by the Company as permitted under these Terms do not and will not infringe, misappropriate, or otherwise violate any third-party rights;
• your User Content is lawful, accurate to the extent it purports to state facts, and not misleading in any material respect;
• where your User Content includes a person's image, likeness, voice, performance, or personal attributes, you have obtained all necessary permissions and consents; and
• where your User Content includes exercise instruction or training guidance, you will not knowingly upload content that is dangerous, recklessly misleading, or manifestly unsafe.

The Company may, at any time and in its sole discretion, review, refuse, restrict, archive, demonetize, de-list, remove, disable access to, or permanently delete any User Content, with or without notice, where it considers such action appropriate under these Terms, internal policies, platform rules, legal obligations, safety concerns, technical needs, or business considerations.

The Company has no obligation to retain, preserve, restore, or provide continued hosting of any User Content, except to the extent required by applicable law or expressly agreed otherwise in writing.

5. Advertising, Promotions, and Third-Party Links

5.1 Promotions

The Company may display in-app notices, announcements, or promotional materials relating to the Training Club or other products or services of the Company. Nothing in this Section obligates the Company to display advertising or promotional material of any particular kind.

5.2 Third-Party Links

The Training Club may contain links to third-party websites, applications, communication channels, or services, including through sharing and invitation functionality. The Company does not control and is not responsible for the availability, accuracy, legality, security, or practices of any third-party service accessed through or in connection with the Training Club. Your use of any such third-party service is at your own risk and subject to that third party's own terms and policies.

6. Disclaimers and Limitation of Liability

6.1 Service Provided "AS IS"

The Training Club and its services are provided on an "as is" and "as available" basis, without any express or implied warranties of any kind. The Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, title, or that the Training Club's Content or services will be accurate, error-free, uninterrupted, secure, or free of harmful components. Users are solely responsible for verifying any information obtained through the Training Club before relying on it for any purpose.

6.2 No Guarantee of Uninterrupted Service

We do not warrant that the Training Club will be continuous, error-free, secure, or free of viruses, malware, or other harmful components.

6.3 Limitation of Liability

The Company shall provide the Service in conformity with these Terms. In case of lack of conformity, the User may be entitled to remedies such as repair, replacement, price reduction, or termination, in accordance with applicable law.

To the maximum extent permitted by law, in no event shall the Company, its affiliates, officers, directors, employees, contractors, licensors, or agents be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenues, lost data, business interruption, reputational harm, or any other losses arising out of or in connection with:

• The use of, inability to use, or reliance on the Training Club or its Content;
• Any inaccuracies, errors, or omissions in the Training Club's Content;
• Any security breaches, data losses, or unauthorized access to User's device;
• Your performance, attempted performance, omission, or misuse of any exercise, Workout, Collection, or Creator Content;
• The inaccuracy, incompleteness, subjectivity, or unsuitability of Creator Content, classifications, labels, or Metrics;
• Any third-party actions, services, or Content posted on the Training Club; or
• Any modifications, discontinuation, suspension, or termination of the Training Club or its services.

This limitation applies regardless of the legal theory of liability, whether based on contract, tort, negligence, strict liability, or any other cause of action, and whether or not the Company was advised of the possibility of such damages.

If, notwithstanding the foregoing, the Company is found liable for any claims arising from or related to the use of the Training Club, Company's aggregate liability shall in no event exceed the amount paid by the User for access to the Training Club in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions may not permit the exclusion or limitation of certain damages; in those cases, the limitations shall apply to the maximum extent permitted.

6.4 Risk Acknowledgment

You acknowledge that your use of the Training Club is entirely at your own risk and that you are responsible for implementing appropriate security measures for your devices and data.

7. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, contractors, officers, directors, employees, and agents from and against any and all claims, actions, demands, proceedings, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable legal fees, arising out of or related to:

• your breach of these Terms;
• your misuse of the Training Club;
• your User Content, including any allegation that such User Content infringes any third-party right or is unlawful, unsafe, deceptive, or otherwise objectionable;
• your misrepresentation of identity, qualifications, authority, or rights; or
• your violation of applicable law.

This Section shall apply only to the extent permitted by applicable law and shall not apply to the extent that a claim results directly from the Company's own gross negligence, willful misconduct, or other liability that cannot be excluded as a matter of law.

8. Modification and Termination

8.1 Modification to Terms

The Company reserves the exclusive right to amend these Terms at any time. In the event of any material changes, we will send you an email notification outlining the specific modifications. If you continue to use the Training Club after receiving such notice, your use will be interpreted as your acceptance of the updated Terms. We recommend that you review these Terms periodically.

8.2 Training Club Uninstallation

The procedures for uninstalling and removing the Training Club may vary depending on your device and operating system. To uninstall the Training Club, you should use the native Training Club management settings or tools provided by your device's operating system. For detailed instructions, please refer to your device manufacturer's user guide or support resources.

8.3 Access Termination

The Company may, with or without prior notice and at its sole discretion, suspend, restrict, terminate, or otherwise limit your access to the Training Club, your Account, your Creator status, or any User Content where the Company reasonably believes that:

• you have breached these Terms;
• your conduct creates legal, technical, operational, or reputational risk for the Company or other Users;
• your Content is unlawful, unsafe, infringing, misleading, abusive, or otherwise objectionable;
• you have misrepresented your identity, credentials, or rights;
• your continued access is inconsistent with platform-provider requirements, applicable law, or internal moderation policies; or
• such action is necessary for security, fraud prevention, content governance, or technical integrity.

The Company shall have no liability to you for any suspension, restriction, or termination carried out in accordance with these Terms, except to the extent liability cannot be excluded under applicable law.

9. Governing Law, Jurisdiction, and Dispute Resolution

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of Ukraine, without reference to any conflict of law principles. This means that regardless of where you reside or use our Services, the laws of Ukraine will exclusively apply. However, if you are a consumer residing in the European Union, you will also benefit from any mandatory provisions of the law of your country of residence.

9.2 Initial Negotiations

In the event of any dispute or claim arising out of or relating to these Terms or your use of the Training Club, both parties (i.e., you and the Company) agree to first attempt to resolve the matter through good faith negotiations. We encourage open communication and a mutual effort to settle any issues before proceeding further.

9.3 Mediation

If a resolution cannot be reached through negotiation, both parties agree to submit the dispute to mediation. The mediator shall be chosen by mutual agreement. If you and the Company are unable to agree on a mediator within a reasonable timeframe, the Company will appoint a mediator on behalf of both parties. Mediation is intended to be a non-binding process aimed at facilitating an amicable resolution.

9.4 Dispute Resolution

In case the dispute cannot be resolved in good faith by parties, such dispute shall be resolved by the applicable courts of Ukraine.

9.5 Time Limit for Claims

Any claim or cause of action arising from or relating to these Terms or the use of the Training Club must be initiated within one (1) year from the date the cause of action arises. If a claim is not brought within this timeframe, it will be deemed waived and barred.

10. Notices

Any notice or communication required or permitted under these Terms may be provided by the Company by email to the address associated with your Account, through in-app notification, or by publication within the Training Club.

For any notice sent via email, the date on which the email is transmitted shall be deemed the date of receipt.

11. Additional Provisions

11.1 Severability

If any provision of these Terms is found by court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, such provision shall be enforced to the maximum extent permitted under applicable law, and the remaining provisions shall continue in full force and effect.

11.2 Entire Agreement

These Terms, together with our Privacy Notice and any other documents expressly incorporated herein, constitute the entire agreement between you and the Company regarding the use of the Training Club.

11.3 Assignment

The Company may assign or transfer these Terms, in whole or in part, without notice. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.

11.4 Waiver

The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

11.5 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

12. Contact and Support

12.1 Support

For any questions, concerns, or issues regarding these Terms or the Service, please contact our support team via applicable communication channels in Training Club or by following email: trainingclub.team@gmail.com.

12.2 Feedback

If you choose to submit reviews of the Training Club via the App Store or Google Play, social media platforms, or other communication or messaging features, such content may be publicly visible, including your public-facing username. Please do not include any sensitive information, such as passwords, identification numbers, or payment details in these communications. You may opt out of our use of your review for promotional purposes by submitting a request through the communication channels provided within the Training Club or request to App Store or Google Play. We reserve the right, but not the obligation, to monitor user communications for security and training purposes and may remove content we consider inappropriate at our sole discretion.