Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Triumfit ("Company," "we," "our," or "us") concerning your access to and use of the trium.fit website and our fitness coaching services (collectively, the "Services").

By accessing or using our Services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Services.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Services under applicable law
• Provide accurate and complete information during registration

By using our Services, you represent and warrant that you meet all eligibility requirements.

3. Services Description

Triumfit provides online fitness coaching services, including but not limited to personalized training programs, nutrition guidance, progress tracking, and ongoing support. The specific services provided will be outlined in your individual coaching agreement.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

4. Application and Acceptance

Submitting an application through our website does not guarantee acceptance into our coaching program. We reserve the right to accept or reject any application at our sole discretion. If accepted, you will receive a separate coaching agreement outlining the specific terms of your engagement, including fees, duration, and services provided.

5. Payment Terms

Payment terms will be specified in your individual coaching agreement. General payment terms include:

• All fees must be paid in full according to the agreed payment schedule
• Payments are non-refundable except as required by law or specified in your coaching agreement
• Failure to make timely payments may result in suspension or termination of services
• We reserve the right to change our fees with 30 days' notice
• You are responsible for all applicable taxes on fees paid

6. Cancellation and Refund Policy

Cancellation and refund terms will be specified in your individual coaching agreement. Generally, if you wish to cancel services, you must provide written notice according to the terms of your agreement. Refunds, if any, will be processed according to the terms specified in your coaching agreement.

7. User Responsibilities

As a user of our Services, you agree to:

• Provide accurate, current, and complete information
• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorized access to your account
• Comply with all applicable laws and regulations
• Not use the Services for any unlawful or prohibited purpose
• Not interfere with or disrupt the Services or servers
• Not attempt to gain unauthorized access to any part of the Services
• Follow all instructions and recommendations provided by your coach
• Disclose all relevant health conditions and medical history

8. Health and Medical Disclaimers

By using our Services, you acknowledge and agree that:

• You should consult with a physician before beginning any exercise or nutrition program
• You are solely responsible for determining whether our Services are appropriate for you based on your health condition
• You assume all risks associated with participating in any fitness program
• We are not responsible for any injuries or health complications resulting from your use of our Services
• You should stop exercising immediately if you experience pain, discomfort, or other adverse symptoms
• Our coaches are not licensed medical professionals unless otherwise stated
• Any nutritional guidance provided is for general information and is not medical nutrition therapy

9. Results Disclaimer

Individual results may vary. We make no guarantees regarding specific fitness outcomes, weight loss, muscle gain, or other results. Success depends on many factors including your commitment, consistency, genetics, lifestyle, and adherence to the program. Testimonials and examples used on our website represent individual experiences and are not guarantees of future results.

10. Intellectual Property Rights

All content on our website and within our Services, including but not limited to text, graphics, logos, images, videos, training programs, and software, is the property of Triumfit or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. You may not:

• Copy, modify, or distribute our content without permission
• Use our content for commercial purposes
• Remove any copyright or proprietary notices
• Reverse engineer or attempt to extract source code
• Share your access credentials or program materials with others

11. User-Generated Content

If you submit feedback, testimonials, progress photos, or other content to us, you grant Triumfit a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media for marketing and promotional purposes. You represent that you have all necessary rights to grant this license and that the content does not violate any third-party rights.

12. Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and use practices.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIUMFIT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or use
• Personal injury or property damage
• Loss of business opportunity
• Service interruptions or delays

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain liabilities, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Triumfit and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or share
• Your participation in any fitness activities

15. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, with or without notice, for any reason including:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Abusive or disrespectful behavior
• At our sole discretion

Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, indemnification, and limitation of liability.

16. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration will be conducted by a single arbitrator under the rules of the American Arbitration Association. You and Triumfit agree that any arbitration will be limited to the dispute between you and Triumfit individually. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Triumfit operates, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within that jurisdiction for any actions not subject to arbitration.

18. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the "Last Updated" date at the top of these Terms and, where appropriate, by sending you an email notification. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy and any individual coaching agreement, constitute the entire agreement between you and Triumfit regarding the Services and supersede all prior agreements and understandings.

21. Contact Information

If you have any questions about these Terms, please contact us: