Terms of Use

1.1 Acceptance of Terms. By accessing and/or using the Platform and/or Bookings, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Platform or make Bookings.

1.2 Amendment of Terms. Trainable may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Platform or Bookings after such posting constitutes your consent to be bound by the Terms, as amended.

1.3 Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.

2.1 Platform. The Platform enables persons to reserve, schedule, purchase, access and attend a wide range of fitness, recreational and wellness activities offered and operated by fitness studios, gyms, trainers, venues or other third parties (collectively, “Merchants”). Trainable itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and does not own, operate or control any of the Bookings that are offered at or through such facilities.

2.2 Territory (UAE only). The Platform and the Services are intended and provided solely for use within the United Arab Emirates (UAE). Use of the Platform from, or in, any other country is not permitted. By accessing or using the Platform you confirm that you are located in the UAE, and we may suspend, restrict or refuse access that we reasonably believe originates from outside the UAE. We make no representation that the Platform or any Content is appropriate or available for use outside the UAE.

2.3 Membership Options. There are a number of ways to participate in Bookings through Trainable, Generally, the Platform is free to download and use and a User can browse trainers and venues, make Bookings and earn and redeem loyalty points without paying any subscription fee. We also offer one or more optional paid subscription plans that unlock additional features as described on the Platform user interface and priced at sign-up to such paid subscription plan. There are therefore two possible types of payment when you use Trainable: (1) an optional recurring subscription fee you pay to Trainable for a paid plan (see “Subscription Plans” below); and (2) the fees charged by Merchants for the Bookings you make, which you pay whether or not you have a paid subscription (see Booking Fees and Other Purchases below). We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our sole discretion. Trainable makes no commitment on the quantity, availability, type or frequency at which such Bookings, content and features will be available and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.

2.4 Paid Subscription Plans. A paid subscription is optional and unlocks additional features as described on the Platform user interface and priced at sign-up to such paid subscription plan. A paid plan may include a free trial period, as described on the Platform user interface at sign-up. Unless you cancel before the free trial period ends, the trial will automatically convert into a paid subscription plan and renew each month, billed by the app store, until you cancel. If you cancel, you can continue to use Trainable on the free tier without the paid features. Your paid subscription starts on the date you sign up or submit payment through your app store account or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise, each billing cycle is one month in length (a “Subscription Cycle”). Your Trainable subscription automatically renews each month, and the applicable app store will automatically bill the monthly subscription fee to your app store account each month, until your subscription is cancelled or terminated. Your subscription is billed, managed and cancelled through your app store account, as further described in the “Subscriptions - Fees, Billing and Cancellation” section below. For example, if you purchase your Trainable subscription on 5 June, your subscription will automatically renew on 5 July (as further explained in “Subscription Cycles”, below). For Booking fees and any other amounts we charge you directly, you must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to time. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until cancelled or terminated.

2.5 Booking Fees and Other Purchases. In addition to your subscription, you pay the fees charged by Merchants for the Bookings you make through the Platform, and you may purchase certain other products or extras we make available. You acknowledge and agree that these Terms apply to any such purchase, and that you are responsible for paying the applicable fees, which may change at any time.

2.6 Use of loyalty points. You may earn loyalty points (“Points”) to be used solely to book Bookings. You can choose how you use your Points across the various Bookings available to you. Paid subscribers may earn Points at a higher rate than free users, as described in the Platform. If you have any questions about how to use your Points, please contact us and we can help you. Points may be redeemed for discounts on future bookings at the rate published in the Platform at the time of redemption. Points have no cash value, are non-transferable and cannot be exchanged or redeemed for currency. There will be no refund or payment for any unused amount of Points. Points do not expire while your account remains active, and may be redeemed for discounts on future Bookings as described in the Platform, unless we expressly communicate otherwise. We reserve the right to terminate Points with respect to any person with 30 days' notice. Points accrued prior to termination will remain redeemable for 90 days following such notice.

2.7 Booking Availability and Allocation. Trainable does not guarantee the availability of particular Merchant, locations, Bookings, services, experiences, content, inventory, spots or other features, and availability may change over time and at any time (including during the course of any given Subscription Cycle). The type, quantity, Points, allocation and availability of Merchants, Bookings, and other inventory offered, are determined by Trainable in its sole discretion. Trainable takes certain steps to release, promote and otherwise make available spots and inventory at varying times and in an ongoing and evolving way.

2.8 Trainable Account. (i) Your Trainable account is personal to you and you agree not to create more than one account. You cannot transfer or gift Bookings or Points to third parties or allow third parties to use your Trainable account, including other Trainable users. You must not use or exploit the Platform and/or Bookings for commercial purposes. We continually update and test various aspects of the Trainable platform. We reserve the right to, and by using the Platform and/or Bookings you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Trainable may take actions we deem reasonably necessary to prevent fraud and abuse. (ii) You agree that the information you provide to Trainable at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. You are solely responsible for all activity that occurs under your account, including any activity by unauthorised users. To use the Platform, you must have access to the Internet and may be required to download a Trainable mobile application to use some or all of Trainable features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Platform and Bookings. (iii) Eligibility. The availability of all or part of our Platform and/or Bookings may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Trainable or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use the Platform and/or Bookings and/or purchase a Trainable subscription. You further understand that the Platform and/or Bookings may not be available in every geography. Please ensure you are viewing the Terms of Use for the country in which you are located. The countries in which Trainable operates are: United Arab Emirates (UAE) Access to our Platform is not permitted from other jurisdictions. These Terms are only applicable to Users in the UAE. The Platform is not available to any Users suspended or removed from the Platform by Trainable. By using the Platform, you represent that you are physically located in the UAE, at least 18 years old and have not been previously suspended or removed. Those who choose to access the Platform do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email or other electronic messages, or privacy. Communications. By creating an account, you agree that Trainable may send you service communications relating to your account, subscription and Bookings (for example, booking confirmations, payment receipts, security alerts and other important service notices). These are not marketing messages, and you cannot opt out of them while you hold an account. We will only send you marketing communications (by email, SMS, telephone or other channels) where you have given your separate, active opt-in consent at sign-up or in your settings. You can withdraw that marketing consent at any time using the unsubscribe link or by contacting us, without affecting the service communications above.

3.1 Store-Billed Subscriptions. Your Trainable subscription is sold and billed through an app store you use (for example, the Apple App Store or Google Play), through your store account, and is not charged by Trainable directly. Accordingly, and despite anything else in this section: (a) your subscription is billed and renewed by the app store under its terms; (b) you manage and cancel your subscription through your app store account settings (see “Cancellation of Subscription” below); (c) refunds of subscription fees are requested from and handled by the app store under its refund policy in its App Store Rules; and (d) subscription price changes are made through, and subject to the relevant App Store Rules, which may require your consent. The billing, Payment Method and refund provisions elsewhere in this section apply to fees we charge you directly (such as Booking fees processed through our payment processor), and not to your store-billed subscription.

3.2 Recurring Billing. Your monthly subscription recurs automatically and is billed by the app store, as described under Store-Billed Subscriptions above. Separately, you authorise us to charge your Payment Method, through our payment processor, for Booking fees and any other fees you incur directly with us (for example applicable taxes, or cancellation or late fees). Booking fees vary depending on the Bookings you make and may be billed in one or more charges. Even if you do not attend a Booking you have paid for, you remain responsible for the applicable fees as set out in these Terms.

3.3 Subscription Cycle. When you purchase your paid Trainable subscription, your subscription runs in consecutive monthly periods (each a “Subscription Cycle”). Unless we expressly communicate otherwise, your subscription automatically renews each month through the applicable app store until you cancel it. The billing date, renewal and any proration of your subscription are determined by the app store under its App Store Rules.

3.4 Refunds. Fees we charge you directly (such as Booking fees) are non-refundable except as expressly set out in these Terms, including the booking cancellation and refund rule in the Bookings by Users section below. Refunds of your monthly subscription fee are requested from and handled by the app store under its refund policy, as described under “Store-Billed Subscriptions” above.

3.5 Price Changes. We may adjust subscription pricing from time to time. Because your subscription is billed through the applicable app store, any change to your subscription price is applied through the app store and is subject to the applicable App Store Rules, which may require your consent before the new price takes effect and may otherwise stop your subscription from renewing. We will give notice of price changes as required by the applicable app store and applicable law.

3.6 Cancellation of Subscription. Because your subscription is billed through the app store, you cancel it through the applicable app store subscription settings in accordance with the applicable App Store Rules. Following cancellation, you will continue to have access through the end of your current prepaid Subscription Cycle. If you cancel your subscription, or it is terminated for any reason, you will lose access to the Bookings, content, points and features available through the subscription.

4.1 Reservation and Cancellation of Bookings. As a Trainable user, you must reserve and cancel your Bookings only through the Platform. It is a breach of these Terms if you reserve or cancel directly with a Merchant, including through any online or mobile account you have with a Merchant, independent of Trainable. If you reserve or cancel directly with such Merchant, we reserve the right to charge you the full amount that the Merchant charges and/or any applicable cancellation fees, and/or to suspend or terminate your subscription.

4.2 Fees Charged by Merchants. Each Booking has a price set by the Merchant (the trainer or venue), which is shown to you on the Platform before you book. This Booking fee is in addition to your subscription. You pay it through the Platform at the time of booking, and we collect Booking fees on the Merchant’s behalf through our payment processor.

4.3 Payments. By making a payment for a Booking, you authorise Trainable to charge your selected payment method for the full amount displayed at checkout, inclusive of any applicable VAT.

4.4 Cancellation of Booking. The following cancellation and refund rule applies to all Bookings made through the Platform. You may cancel a Booking free of charge up to 24 hours before its scheduled start time, and we will refund the Booking fee to your original payment method, normally within 5-10 business days. If you cancel less than 24 hours before the scheduled start time, or you do not attend (a no-show), the Booking fee is forfeited and is not refundable. A Booking that has already been attended, used or redeemed (for example, a day pass) is not refundable. If a Merchant cancels a confirmed Booking, or a technical failure on our Platform prevents a confirmed Booking from proceeding, you will receive a full refund to your original payment method, or a credit if you prefer.

4.5 Payment Methods. You may edit your Payment Method information by logging onto our Platform and editing it in your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Platform or any portion thereof.

4.6 Disputes. If you believe your charge for a Booking is incorrect, contact us at payments@trainableai.io within 14 days of making the payment. We will investigate and respond to you within 5 working days.

5.1 You understand and agree that, at any time and without prior notice Trainable may:

5.2 terminate, cancel, deactivate, disable, delete and/or suspend your subscription, your account, any orders placed, or your access to or use of the Platform, your membership and/or Bookings (or any portion thereof, including but not limited to your access to any or all Merchants, credits or Bookings or services); and/or

5.3 discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Platform, including of your subscription. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Platform. Trainable shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are a paid subscriber and we terminate without cause, then because your subscription is billed by the applicable app store, any refund of the prepaid, unused portion of your subscription is requested from and handled by the app store under its refund policy; any Booking fees you have paid are dealt with under the cancellation and refund rule in these Terms. If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, Bookings and/or the Platform, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Trainable will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription. If Trainable deletes your account for these reasons, you may not re-register for or use the Platform and/or Bookings under any other username, email, payment method or profile. Trainable may block your access to the Platform to prevent re-registration.

5.4 You may delete your account at any time through the Platform settings. When you delete your account, it is deactivated and removed from our active system straight away. Your personal data is then permanently erased from our systems, including backups, within 30 days, except where we are required by applicable law to retain certain information.

5.5 You may also request deletion of your account by emailing dpo@trainableai.io. We may ask you to verify your identity before actioning the request. The same erasure timeline above applies.

5.6 Following termination/deletion we may retain your data to the extent allowed by the applicable law

Your privacy is important to Trainable. The Trainable Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Trainable’s collection, use, and disclosure of your personal information. When you make a reservation, the applicable Merchant will have access to certain information about you, such as your name and email address, so it can provide services to you and communicate with you regarding the Booking you reserved. Please see the Privacy Policy for more information.

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

7.1 Harass, threaten, stalk, disrupt or defraud users, members or staff of Trainable or Merchants or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;

7.2 Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account or signing up for more than one account;

7.3 Share Trainable passwords with any third party or encourage any other user to do so;

7.4 Permit anyone to use any Bookings or services booked under your own membership, including other members;

7.5 Reserve or cancel any Booking directly with a Merchant, rather than through the Platform;

7.6 Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Platform;

7.7 Misrepresent the source, identity, or content of information transmitted via the Platform, including deleting the copyright or other proprietary rights or notices from any portion of the Platform;

7.8 Upload material (e.g. virus) that is damaging to computer systems or data of Trainable or users of the Platform or otherwise use the Platform in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Platform;

7.9 Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;

7.10 Upload or send to Platform users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;

7.11 Decompile, reverse engineer or disassemble the Platform, in whole or in part, except as may be permitted by applicable law;

7.12 Link to, mirror or frame any portion of the Platform;

7.13 Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform;

7.14 Attempt to gain unauthorised access to or impair any aspect of the Platform or its related systems or networks or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;

7.15 Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;

7.16 Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform, any features that prevent or restrict use or copying of any content accessible through the Platform, or any features that enforce limitations on the use of the Platform or the content therein;

7.17 Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform;

7.18 Modify the Platform in any manner or form, nor to use modified versions of the Platform, including (without limitation) for the purpose of obtaining unauthorised access to the Platform;

7.19 Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform; and/or

7.20 Use the Platform for or in connection with any purpose that is unlawful or prohibited by these Terms. Trainable reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

8.1 General. The Platform provides certain features which enable you and other users to submit, post, share and search for content and information, which may include (without limitation) text, graphic and pictorial works, profile information, information about reserved or attended Bookings, friend connections or any other information submitted by you and other users or arising from your use of the Platform (“User Submissions”). User Submissions also include reviews, ratings and other feedback (“Reviews”). We strongly recommend that you think carefully about what you upload to, share with or make accessible to the Platform. Trainable does not guarantee any anonymity or confidentiality with respect to any User Submissions. For information on how we use your personal information, please see our Privacy Policy.

8.2 Reviews. You understand and agree that Reviews may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of the Platform), including any Merchant, may read or have access to your Reviews. Trainable is not responsible for the use or disclosure of any information that you disclose in connection with Reviews, including any personal information. Reviews are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Trainable. You understand that all Reviews are the sole responsibility of the person from whom such Review originated. This means that you, and not Trainable, are entirely responsible for all Reviews that you upload, post, e-mail, transmit, or otherwise make available through the Platform.

8.3 Right to Remove or Edit User Submissions. Trainable makes no representations that it will publish or make available on the Platform any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Platform, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Trainable complies with applicable law, and will remove User Submissions upon receipt of a compliant takedown notice. Trainable may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that Trainable determines in its sole discretion to violate the standards of the Platform. Trainable takes no responsibility and assumes no liability for any User Submissions.

8.4 License Grant by You to Trainable. By accessing and/or using our services, you hereby grant Trainable and its affiliates, sublicensees, partners, designees, and assignees of the Platform (collectively, the “Trainable Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Platform and Trainable’s (and its successors’) business for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Platform (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. You acknowledge that you may have what are known as “moral rights” in your User Submissions, for example the right to be named as the creator and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in User Submissions.

8.5 User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting, sharing, displaying, publishing them or otherwise making them available. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorise Trainable to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Trainable and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Trainable’ or any Trainable Licensee’s use of such User Submissions pursuant to these Terms, and Trainable’ or any of Trainable Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising; (c) violate any applicable law or regulation or these Terms or; (d) exploits minors; or (e) require obtaining a license from or paying fees or royalties to you or any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.

8.6 Inaccurate or Offensive User Submissions. You understand that when using the Platform, you may be exposed to User Submissions from a variety of sources and that Trainable does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST TRAINABLE WITH RESPECT THERETO.

8.7 Feedback. If you provide Trainable with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Platform (“Feedback”), Trainable shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Platform. You hereby grant Trainable a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.

8.8 Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Platform and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Trainable may have at law or in equity.

8.9 Ratings. You may be required to rate your Bookings and/or other Trainable experiences that you reserve.

9.1 The Trainable Platform are owned and operated by Trainable. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Platform provided by Trainable (“Content”) are protected by the copyright, patent, and trademark laws of the United Arab Emirates and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Content contained on the Platform are the copyrighted property of Trainable or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Trainable or its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorised by Trainable in writing, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Content and may only access the Content for your personal, non-commercial use. In the event that Content are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved.

9.2 By installing, copying, or otherwise using the Platform or its software, you acknowledge that you have read and understood these Terms, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy, or use the Platform or Content.

9.3 You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Platform or Content. You agree to abide by the rules and policies established from time to time by Trainable. Such rules and policies will be applied generally in a non-discriminatory manner to users of the Platform and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues. You agree not to make any use of the Content that would infringe the copyright therein.

9.4 The Platform and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your individual, personal, non-commercial entertainment use.

9.5 You agree not to share your Trainable account with anyone other than yourself nor will you allow anyone other than yourself to access or use any Content accessible on or through the site, including but not limited to sound recordings and/or musical compositions. You agree that you will not attempt to modify any software or Content obtained through the Platform for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content. You further understand that you are not granted any commercial, sale, resale, reproduction, distribution, or promotional use rights for the Content, or any rights for uses that require a synchronisation or public performance license with respect to the underlying musical composition and any unauthorised reproduction or distribution of Content is expressly prohibited and may violate applicable law. You are not permitted to modify, edit or repurpose any Content.

9.6 You represent, warrant and agree that you are using the Platform hereunder for your own personal, non-commercial entertainment use and not for redistribution or transfer of any kind. You agree (a) not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Platform, (b) you will comply with all applicable laws in your use of the Content, (c) that you will be located in the UAE for the duration of your use of the Platform.

9.7 You understand and agree the Content may be owned by Trainable or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. All owners and providers of Content expressly reserve their rights in and to such Content and you are not permitted to infringe the rights of the copyright owner(s) of the Content, including but not limited to any sound recordings or musical compositions.

9.8 Trainable and/or the owners of the Content may, from time to time, remove Content from the Platform without notice.

9.9 The owners of Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.

9.10 The Platform, including all software, Content and other information, materials and products included on or otherwise made available to you through the Service are provided “as-is” and “as available” without warranties of any kind from Trainable or any owners of Content. To the full extent permissible by applicable law, Trainable and all owners of Content disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Trainable nor any owner of Content warrants that the Platform or any software, Content, information, materials or products included on or otherwise made available to you through the Platform are free of viruses or other harmful components.

10.1 The Platform may include links or access to other websites or services (“Linked Sites”) solely as a convenience to users. Trainable does not pre-screen, monitor or endorse any such Linked Sites, or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Trainable makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites.

10.2 Access and use of Linked Sites, including the information, material, content, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk.

10.3 Sometimes promotional plans are offered in conjunction with the provision of third-party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.

10.4 Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Platform are solely between you and such third party.

10.5 You agree that Trainable will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Platform.

You acknowledge and agree that by clicking on the button labelled “Confirm Purchase,” “Submit”, “Download”, “Place My Order”, “I Accept” or such similar links as may be designated by Trainable to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

12.1 Bookings and other non-Trainable products and services made available via the Platform are provided by third parties (and the descriptions of the foregoing posted on the Platform are provided by such third parties), not Trainable. To the fullest extent permissible pursuant to applicable law, your use of the Platform and your attendance at, participation in, purchase and/or use of the Bookings, is solely at your own risk. We do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the Platform and/or Bookings.

12.2 In no event shall Trainable be liable for any act, error or omission by any third party, including, without limitation, any which arises out of or is any way connected with a User’s attendance, use of or participation in a Booking, or the performance or non-performance of any third party. Trainable is not an agent of any third party.

12.3 All aspects of or Content or features available through the Platform and/or Bookings are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Trainable, on behalf of itself and its suppliers and partners, disclaims and excludes all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

12.4 Without limiting the foregoing, Trainable does not warrant or make any representations

12.5 that the Platform and/or any Booking is suitable for you or will meet your personal needs,

12.6 regarding the adequacy or safety of any Booking or recommendation,

12.7 that the Platform and/or any Booking, or any aspect thereof, will be available

12.8 that the Platform, or any aspect thereof, will be uninterrupted or error-free, that defects will be corrected, or that the Platform and any downloadable software, Content, services, or applications made available in conjunction with or through the Platform or the server that makes them available are free of viruses or other harmful components, or

12.9 regarding the use of the Platform and any downloadable software, Content, services, or applications made available in conjunction with or through the Platform in terms of correctness, accuracy, reliability, or otherwise. Any material, Content or data that you download or otherwise obtain through the Platform is at your own risk. You are solely responsible for any damages to your computer system or loss of data resulting from the download of such material, Content or data. Certain applicable laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations set forth in these Terms might not apply to you, and you might have additional rights. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of 30 days after the date on which you first used the Platform, and no warranties shall apply after such period.

12.10 All health insights and recommendations provided by the Platform are for general informational and lifestyle purposes only. They do not constitute medical advice, diagnosis or treatment. You should consult a qualified healthcare professional before making any health or fitness decisions. The Platform is not a medical device and is not regulated as such.

13.1 You understand that Trainable is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and the Bookings they provide are operated and delivered by the applicable Merchant and not by Trainable. Trainable is not responsible for the quality of any Booking provided by a Merchant or third party (including but not limited to the facility, trainer or curriculum). You are solely responsible for determining whether the Booking or recommendations available on or through the Platform and/or Bookings are right for you.

13.2 You understand that there are certain inherent risks and dangers in exercising and that the Bookings you may attend or participate in offer a range of activity and intensity levels. By using Trainable (including but not limited to making a Booking), you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm.

13.3 You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional prior to using Trainable (including but not limited to attending, participating in or using a Booking) and to determine if and how participating is appropriate for you. Do not use Bookings if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.

13.4 You also understand and agree that the Platform offers fitness and related information that is designed for informational, educational and entertainment purposes only. Nothing stated or posted on or otherwise available through any aspect of the Platform and/or a Booking is intended to be, and must not be taken to be, the practice of medical, professional or counseling care. You should not rely on any information on or through the Platform and/or a Booking as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or fitness level, you should always consult a physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read or heard on or through the Platform and/or a Booking. The use of any of the Content, recommendations and information provided on or through Trainable is solely at your own risk.

13.5 The Platform is continually under development and Trainable makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in research may impact the fitness or related advice that appears on or in connection with the Platform. No assurance can be given that the advice or recommendations contained in or through the Platform and/or a Booking will always include the most recent findings or developments with respect to the particular material or content.

You agree to indemnify and hold Trainable, its affiliated entities, subsidiaries, its suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, harmless from any claims, actions, suits, costs, expenses, losses, damages, liabilities, including attorneys’ fees, arising out of or in connection with your misuse of the Platform, Bookings, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.

15.1 Under no circumstances will Trainable or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable for any special, indirect, incidental, or consequential damages under any theory of liability, whether based in contract, tort (including negligence and product liability), or otherwise, even if Trainable has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Trainable’s liability will be limited to the fullest extent permitted by applicable law.

15.2 Trainable’s liability to you is limited to the amounts, if any, paid by you to Trainable under this agreement in the three months immediately prior to the event first giving rise to the claim. The foregoing limitations will apply to the maximum extent permitted by applicable law, regardless of whether Trainable has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.

When you make Bookings you are deemed to agree to the liability waivers and terms of individual Merchants. Your participation in any Booking may be subject to additional policies, rules or conditions of the applicable Merchant and you understand and agree that you may not be permitted to reserve or attend Bookings or services if you do not comply with these Terms or the policies of the Merchants or as otherwise determined by a Merchant. If you have questions about a Merchant’s waiver or other terms, please see the applicable Merchant’s Platform or contact the Merchant directly.

17.1 Choice of Law; Forum. These Terms shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (“DIFC”), Dubai, UAE. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the DIFC Courts.

17.2 Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.

17.3 Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

17.4 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

17.5 Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Trainable relating to the subject matter herein.

17.6 Claims; Statute of Limitations. Subject to applicable local law, in the event you have a cause of action that is not otherwise barred by these terms, you and trainable agree that any cause of action arising out of or related to these terms and/or the Platform and/or attendance at, participation in, use of or purchase of Bookings) must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

17.7 Waiver. No waiver of any of these Terms by Trainable is binding unless authorised in writing by Trainable. In the event that Trainable waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Trainable to enforce the same at a later time. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.

17.8 Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to you, to the email address you provide to Trainable during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.