Terms and Conditions

1. Introduction 1.1 Welcome to Performex Coaching, a platform and service provided through the company First Coach Worldwide AB (hereinafter referred to as “Performex Coaching”, “we” “our”, or “us”). 1.2 These Terms of Use govern your use of Performex Coaching.com (the “Website” and “Application” hence forth also referred to collectively as “Platform”) and all related websites, widgets, tools, applications, data, software, APIs (which may also be subject to separate API Terms of Use) and other services provided by Performex Coaching now and in the future (the “Services”). 1.3 These Terms of Use, together with our separate document on the gathering, use and protection of your personal information (the “Privacy Policy”) and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and Performex Coaching in relation to your use of the Website and Services (together, the “Platform”). 2. The Services 2.1 As a User of Performex Coaching’s services, you will be provided with a platform allowing personal trainers/coaches to add their own clients and offer their services to said clients. Certain Performex Coaching services are provided to you free-of-charge. Other Performex Coaching services require payment before you can access them. The Performex Coaching services that may be accessed after payment are currently referred to as “Paid plans”. 2.2 As a visitor to or User of our Services you represent and warrant that you are going to read our Terms of Use, our Privacy Policy, disclaimers very carefully. If you, as a User or visitor to our Services, do not agree to any of the provisions set out in those documents, you should not use the Platform. By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms of Use and Privacy Policy and will abide by them, and that you are 18 years of age. By continuing to use our Services you represent and warrant that you have accepted our Terms of Use. 3. The Performex Coaching platform 3.1 The Services provided by Performex Coaching focus on our Platform. The Platform is a service allowing coaches to offer their expertise to clients from all over the world. Registered users of the Platform may submit, upload, schedule and post training sessions and other relevant training information catered to their clients (“Content”), which will be stored by Performex Coaching and may be shared and distributed by other users of the Platform if the uploading user chooses to allow for this, using the tools and features provided as part of the Platform and accessible via the Website and elsewhere. The Platform may also enable registered users to interact with one another. 3.2 Upon registering for our Services, you understand that your access and use of said Services is subject to your strict compliance with these Terms of Use and any applicable guidelines that we may choose to enforce, including, without limitation, the following: Users are not permitted to copy, attempt to copy, republish, make available or otherwise communicate to the public any other user’s Content from the Platform or any part of the Platform, other than by means of download in circumstances where the relevant User has elected to permit downloads of the relevant item of Content (such as to said Users clients) and where such Content is Your Content Users are not permitted to employ any techniques or make use of any services, automated or otherwise, that are designed to misrepresent the popularity of your Content on the Platform, or to misrepresent your activity on the Platform. The definition of what constitutes such illicit techniques will be made at the discretion of Performex Coaching. Users are not permitted to use the Platform to upload, post, store, transmit, display, copy, distribute, promote, or otherwise make available and communicate to the public: any Content that is deemed to be offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable, whereas such a decision will be made at Performex Coaching’s reasonable discretion; any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; any Content that violates, breaches or is contrary to any applicable law, rule, regulation, court order or is otherwise is illegal or unlawful in Performex Coaching’s reasonable opinion; or any material of any kind that contains or may contain any virus, spyware, adware, malware, or other harmful or malicious component, which will or might overburden, impair or disrupt the Platform or its’ servers or networks. When signing up for the Services, you guarantee that any content you wish to upload or share is not restricted through shared rights with others, or through membership or registration with other organizations or services. You must not publish or otherwise distribute any Content through Performex Coaching if the content is burdened by such restrictions. Users are not permitted to sell or transfer, or offer to sell or transfer, any Performex Coaching account to any third party without the prior written approval of Performex Coaching. Users are not permitted to collect or attempt to collect personal data, or any other kind of information about other users. For more information on the protection of your personal integrity we ask that you read our Privacy Policy. 3.3 You, as both a Coach as well as a User linked to a coach (a Client) as well agree to comply with the above conditions, and acknowledge and agree that Performex Coaching has the right, at its sole discretion, to terminate your account or take such other action as Performex Coaching may see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include, but is not limited to, taking court action and/or reporting offending users to the relevant authorities. 3.4 Basically the Platform is based around a web application that a coach (or trainer) will have access to and a mobile application that the trainer’s client will have access to. The trainer will then use the web application to provide information, workouts, different programs as well as messages directed towards her individual clients. Invitations may be sent out to clients from the web application. The trainer will therefore have access to, as well as administer, the client’s use of the Platform through the web application. The web application will provide options for scheduling, booking, feedback, creating specific programs, going back to view previous sessions as well as monitor progress. 3.5 It is important to note that Performex Coaching does not take any responsibility for the services provided by individual trainers/coaches through the Platform. Any Client’s use of the Platform will be strictly based on a relationship with a trainer of their choosing and Performex Coaching does not in any way evaluate or otherwise monitor the services provided by said trainers. The Platform as such, based on a mobile and web application, is built on the relationship between a Client and a trainer and Performex Coaching simply provides a tool to facilitate this relationship. If a trainer/coach offers a workout/session for the Client based on content/information provide by Performex Coaching or through the Platform, both the Client and the trainer/coach understand that Performex Coaching does not take any responsibility for any injuries that may be sustained while (or due to) performing such activities. As training is an individual project so to speak, the Client understands that any workouts are done under the guidance of their trainer/coach. Should you in any way have questions regarding the validity or safety of certain workout plans or suggestions made by your trainer/coach, please consult a professional physical therapist or physician prior to engaging in such activities. 4. Warranties & Liability 4.1 The User hereby represents and warrants to Performex Coaching as follows: The Material you provide through our Platform as both a Coach/trainer or Client (hereinafter also referred to as “Your Content”), and each and every part thereof, is an original work by you, or you have obtained all necessary rights, licenses, consents and permissions to use and distribute, and (if and where relevant) to authorize Performex Coaching to use, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Website, any and all Services and any external Services. Your Content and the availability thereof on the Platform does not now and nor will it at any later point during the time which it is uploaded to the Services, infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information. You have obtained any and all necessary consent, permission and/or releases from any and all persons appearing or in any other way participating in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any External Services. Your Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation. Your Content does not and will not create any liability on the part of Performex Coaching, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. 4.2 Performex Coaching reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation. You represent and warrant that You have obtained and/or will obtain any and all necessary and legally enforceable written consent. 4.3 You, as a User, in terms of both a Coach and Client, are solely responsible for all of Your actions within the scope of our Platform as well as all Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Performex Coaching excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto. 4.4 If you, in your capacity as User, in terms of both a Coach and Client, discover any Content on the Platform that you believe infringes your (or anybody else’s) copyright or trademark or if you discover Content that infringes or in any way violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use, any applicable guidelines that we may choose to enforce or applicable law, please report this to us at legal[at]Performex Coaching.com. 5. Third Party Websites and Services 5.1 The Platform that you receive membership to through Performex Coaching, may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Services”). 5.2 Performex Coaching does not have or maintain any control over nor does it take any responsibility for the External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Performex Coaching does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services. 6. Content and Responsibility 6.1 Performex Coaching has no legal obligation to monitor the Content on the Platform. However, Performex Coaching reserves the right to block, remove or delete any User or Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use or applicable law, or is otherwise unacceptable to Performex Coaching. Any such decision in terms of the nature of the uploaded Content and whether or not it shall be removed will be made at the discretion of Performex Coaching. 7. Limitation of Liability 7.1 Performex Coaching and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for: any loss or damage arising from: your inability to access or use the platform or any part or parts thereof, or to access any content or any external services via the Platform; any changes that Performex Coaching may make to the Platform or any part thereof, or any temporary or permanent suspension or cessation of access to the platform or any content in or from any or all territories; any action taken against you by third party rights holders with respect to any alleged infringement of such third party’s rights relating to your content or your use of the platform, or any action taken as part of an investigation by Performex Coaching or any relevant law enforcement authority regarding your use of the Platform; any errors or omissions in the platform’s technical operation, or from any inaccuracy or defect in any content or any information relating to Content; your failure to provide Performex Coaching with accurate or complete information, or your failure to keep your username or password suitably confidential; any loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach; and/or any loss of profits, or any loss you suffer which is not a foreseeable consequence of Performex Coaching breaching these Terms of Use. A loss is foreseeable where it could be contemplated by you and Performex Coaching at the time you agree to these Terms of Use, and as such do not include any indirect losses, such as loss of opportunity. 8. Indemnification You hereby agree to indemnify, defend and hold harmless Performex Coaching, its successors, assigns, affiliates, agents, directors, officers, employees, partners and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from: any violation by you of these Terms of Use or any applicable guidelines; or any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or External Services in accordance with these Terms of Use. 9. Data Protection, Privacy and Cookies All personal data that you as a User provide to us in connection with your use of the Platform may be collected, stored, used and disclosed by Performex Coaching in accordance with our Privacy Policy and our Cookie Policy. 10. Changes 10.1 Performex Coaching reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof or any other tool provided through Performex Coaching’s Services, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Performex Coaching shall use its reasonable endeavors to notify registered users of such decision in advance. Any such decision will be made at Performex Coaching’s discretion. 10.2 You hereby agree that Performex Coaching and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, partners and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website and/or any Services that Performex Coaching may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories. 10.3 Performex Coaching may change the features of any type of account, may withdraw, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its paid plans from time to time. 11. Termination 11.1 You may terminate this Agreement at any time by sending notice in writing through our contact page, confirming such termination, by removing all of your Content from your account, by deleting your account and thereafter by ceasing to use the Platform. 11.2 If you have paid for your use of the Services and terminate this Agreement before the end of your subscription, we are unable to offer any refund for any unexpired period of your subscription. 11.3 Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account will be irretrievably deleted by Performex Coaching, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. 11.4 You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Performex Coaching assumes no liability for any material that is irretrievably deleted following any termination of your account. 11.5 If you wish to delete your account, you will need to do so from the Account page within your Settings on our Platform (either through our website in terms of our web application, or through our mobile application). 12. Assignment to Third Parties Performex Coaching may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without prior notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Performex Coaching. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Performex Coaching. Any such requests of assignment of rights will be handled at the sole discretion of Performex Coaching. 13. Severability Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect. 14. Entire Agreement These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Performex Coaching with respect to your use of the Platform), and supersede any prior agreement between you and Performex Coaching. Any modifications to this Agreement must be made in writing. 15. Applicable Law and Jurisdiction 15.1 Any potential dispute shall be settled in accordance with Swedish Law and at the District Court of Stockholm.