https://workout.jarneclaesen.be is a Site operated by Stratco BV (“Work-out”,  “We”, “Us” or “Our”). We are registered in Belgium under the company registration number 0798.170.339 and have our registered office at Hassaluthdreef 30, 3500 Hasselt in Belgium. Work-Out is the trade name of Stratco BV.

We are committed to protecting your privacy. This Privacy Policy applies to both our “Website” or “Site” (www.workout.sport) and our Work-Out Plans (Subscription Plans), including our associated mobile applications available on Google Play Store and Apple Store (“Apps”) owned and controlled by Us. Our Privacy Policy governs our personal Data processing including collection and usage. It also describes your choices regarding use, access and correction of your Personal Data. If you do not agree with this Privacy Policy, We ask you not to use our Site or Apps.

Our Site or Apps may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies.

These General Terms and Conditions for coaches (“Terms”) dictate your access to and usage of the services which includes the mobile application(s) and Website which are dedicated to coaching, athletic development, and performance. They establish a legally binding agreement between you, the “End User”, and Us.

By creating an account, you confirm that you accept these Terms and agree to comply with them. If we determine that a violation of these Terms presents a credible risk of harm to other users, our customers, our services, or any third parties, we reserve the right to suspend or terminate your access.

We will provide you with services through the Website for the Subscription Plan you select, including creating trainer and business profiles, exercises, workouts, workout programs, and other Content/resources that you or another Coach (as defined below) uploads to the Website as well as storing, processing and analysing End User data (as defined below).

We may periodically update these Terms. If you have an active account, we will let you know when we do via an email or in-app notification. If you access or continue to use the services after being notified of any changes to these Terms, it is understood that you have read, comprehended, and agreed to abide by these Terms.

The following is an overview of these Terms to help you find what you are looking for more easily:

1. Defenitions: Verwijzingsbron niet gevonden.: Detail on what the key terms in these Terms mean.
2. General Terms: Verwijzingsbron niet gevonden.: Here you will find information on how we provide our services, including information on access and acceptable use.
3. Subscription termination and suspension
4. Subscription Terms
5. General Legal Terms: Verwijzingsbron niet gevonden.: Here you will find the remaining legal terms that make up our terms of use.
6. Miscellaneous

1. Definitions

1. “Coach” means a single individual (other than an End User) who is connected to the End User in a Subscription Plan. They will have access to the features of the Subscription Plan to (i) create workouts, programs, and upload Content and schedule them for connected End Users; (ii) upload, create and manage Content including exercises, exercise technique videos, workouts, programs, and other video, image, and text files and similar Content: and (iii) view, edit, and analyse ‘End User Data’ as defined below. They may be employees, representatives, consultants, contractors or agents who are authorised by Work-Out to use a Subscription Plan.
2. “Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the services and Subscription Plans.
3. “Customer” means the person or entity using a Subscription Plan and identified in the applicable account record, billing statement, or online subscription process as the Customer.
4. “Customer material” means all materials provided or posted, uploaded, input or submitted by the Customer and / or Coach(es) for public display through the service, including exercises, exercise technique videos, workouts, programs, and other video, image, and text files and similar Content.
5. “End User” means a single individual client or athlete (other than a Coach) who is connected to a Subscription Plan and can receive workout programs and other Content, track their progress and share their ‘End User Data’ with them.
6. “End User Data” is the data submitted by the End User via the “Work-out” Ap, Website or uploaded by a Coach. For more information we refer to the Privacy Policy.
7. “Free services” means the Subscription Plan or other products or features made available by us to you on an unpaid trial or free basis, which may or may not be limited in time and / or functionality.
8. Sensitive Information” this includes credit or debit card numbers; personal financial account information; passwords; racial or ethnic origin; or other employment, financial or health information; and (b) any personal data mentioned in the Privacy Policy as falling under the term ‘Special categories of personal data’.
9. “Subscription Fee” means the amount you pay for a Subscription Plan.
10. “Subscription Plan” means all of our web-based applications, tools and platforms that you have subscribed to or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via www.workout.sport or another designated URL.
11. “Subscription Term” means the initial term of your subscription to the applicable Subscription Plan, as specified when selecting your plan, and at each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.
12. “User Limit” means the number of Users that you may connect to with any given Subscription Plan.

2. General Terms

Access

During the Subscription Term, you will have access to use a Subscription Plan as described in these Terms and the applicable Subscription Plan. We may also provide you access to our Free services at any time by activating them in your account.

You are responsible for maintaining the confidentiality of your password and you should not share or disclose it to anyone else. You are solely responsible for the activities of anyone accessing the Application or Website using a password assigned to you, even if the individual is not authorised by you. You will notify us right away of any known or suspected unauthorised use of your password or your account by contacting us via info@workout.jarneclaesen.be.

The End User controls (to the extent possible via the Website and / or Apps) what End User Data Coach(es) have access to. The End User is responsible for this.

You can remove yourself from the Subscription Plan at the end of the billing cycle via the Application if you want to remove access to your End User Data.

Availability

We strive to make the services available 24 hours a day, 7 days a week, except for planned downtime for maintenance and unexpected events or service interruptions.

Fees and Payments

All fees are paid for by the Customer. We are not a party to or responsible for any agreements between Customers and End Users.

• The Subscription Fee will remain fixed during the Subscription Term unless you upgrade your plan.
• Regarding Payment Information, you will keep your contact information, billing information and credit card information (where applicable) up to date. Changes to your subscription may be made at any time via email to info@workout.jarneclaesen.be or via the Settings page (if available) within your account. All payment obligations are non-cancellable, and all amounts paid are non-refundable, except as specifically provided for in these Terms. All fees are due and payable in advance throughout the Subscription Term.

Use and Limitations of use

• Acceptable use. If you have a Coach account, you may use the Website to help you provide coaching services to End Users.
• Prohibited Use. You will not:
  • engage in the distribution of unsolicited bulk communications (‘Spam’) via any communication channels.
  • use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period than a human can reasonably produce in the same period by using a conventional browser; or use the service in any manner that damages, disables, overburdens, or impairs our Site or interferes with any other party’s use of the Subscription Plan;.
  • attempt to gain unauthorised access to the services.
  • access the service other than through our interface(s).
  • use the services for any purpose or in any manner that is unlawful or prohibited by these Terms.
  • harass, threaten, or defame, any person or entity via the services.
  • disclose any personally data without the appropriate legal basis, including, where applicable, the consent of the individual concerned. Do not engage in activities that facilitate or contribute to data breaches or identity theft. Respect the privacy rights of all individuals as outlined under applicable laws.
  • engage in any fraudulent activities. The creation or use of false identities, identity theft, or manipulation of identities is forbidden, as is the utilisation or distribution of tools intended to generate fraudulent credentials or transactions. Unauthorised access to another user’s account or personal data is unacceptable, and any forms of financial or business fraud are not allowed.

You may not use the services if you are legally prohibited from receiving or using the services under the laws of the country in which you are resident or from which you access or use the services.

• Prohibited Content. You may not post Content on or through the Site and Apps that is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter; provides any telephone numbers, street addresses, last names or email addresses of anyone except yourself; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other members; involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of sixteen (16), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or contains a virus or other harmful component.
• Responsibility for Content. You are responsible for all End User Content you post to your account and the Site. We will make reasonable efforts to prevent your End User Content from disclosure beyond the settings you select, but we cannot guarantee these settings will prevent your End User Content from being viewed or accessed by unintended third parties and we will not be liable for such disclosures. We are not responsible for and do not control Customer material, and, therefore, we do not guarantee the accuracy, integrity or quality of any Customer material. You understand that by using pages of the Site or the mobile applications on which Customers may post Customer material, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including any errors or omissions, settings viewing errors, or any loss or damage of any kind incurred as a result of the use of any Content posted on or through the Site.
• Rejection/removal of your Content. You acknowledge that we have no obligation to screen Content, but that we have the right (but not the obligation) in our sole discretion to screen, edit, refuse, or remove any Content in our sole discretion, for any reason. Without limiting the foregoing, we have the right to remove from the Site and Apps any Content that violates any provision of these Terms or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse by any person, please contact us via info@workout.jarneclaesen.be.
• Ownership of your Content. We do not claim ownership in your Content, you own and will retain any and all intellectual property rights that you may have in your End User content but you are required to grant us (and other users) a limited license to use, store and copy Content, and to distribute it and/or make it available to third parties.
• Your warranties regarding your Content. By posting your End User Content via the Site and / or Apps, you represent and warrant that:
  • you own all rights, title and interest in your Content, or otherwise have the right to grant the license, and
  • the posting of your Content does not violate the intellectual property right, privacy rights, publicity rights, or any other rights of any third party.
• We are not responsible for viruses, and you must not introduce them.

3. Subscription termination and suspension

• Term and Renewal. Your initial subscription period will be specified in your Subscription Plan.
• The renewal pricing set forth in your Subscription Plan will apply. If you use our Free Services, we will make the Free Services available to you free of charge until it is terminated or until the start date of your paid subscription.
• No Early Termination and no refunds. The Subscription Term will end on the expiration date and cannot be cancelled early. We do not provide refunds if you decide to stop using your account during your Subscription Term.
• Termination for Cause. Either party may terminate these Terms for cause, as to any or all Subscription Plans:
  • We may also terminate your account for cause on seven (7) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period.
  • Immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. We may also terminate this Customer Terms of Use for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers. This Customer Terms of Use may not otherwise be terminated prior to the end of the Subscription Term.
• Suspension for Prohibited Acts. We may suspend any Coach’s access to any or all Subscription Plans without notice for: (i) use of the Subscription Plan in a way that violates applicable local laws or regulations or the terms of these Terms, or (ii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity. We may, without notice, review, edit and delete any Customer Data or Customer material that we determine in good faith violate these terms, provided that, we have no duty to pre-screen, control, monitor or edit your Customer Data or Customer material.
• Suspension for Present Harm. If your use of the Subscription Plan: is being subjected to denial of service attacks or other disruptive activity, is being used to engage in denial of service attacks or other disruptive activity, is creating a security vulnerability for the subscription service or others, is consuming excessive bandwidth, or is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the subscription service. We will try to limit the suspension to the affected portion of the Subscription Plan and promptly resolve the issues causing the suspension of the Subscription Plan. Nothing in this clause limits our right to terminate for cause as outlined above, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
• Suspension and Termination of Free Services. We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free services due to your inactivity.
• Effect of Termination or Expiration. If your paid subscription is terminated or expires, we will continue to make available to you our Free services provided however, this may not be the case if your Customer Terms of Use was terminated for cause. You may request the deletion of your account after expiration or termination of your subscription by sending a request to info@workout.jarneclaesen.be. You will continue to be subject to these Terms for as long as you have access to an account.
• Upon termination or expiration of your account, you will stop all use of the Subscription Plan If you terminate these Terms for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Plan after termination. If we terminate these Terms for cause, you will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable.

4. Subscription Terms

Subscription Plans

We offer the following Subscription Plans related to an account for a Coach which allows only you to provide Coaching services and Content to your athletes through the Sites and services. Subscriptions to Coach accounts permit you to create your own training programs or team and to offer your training services and programs, including without limitation, text, images, illustrations, graphics, workout and other data, audio, video or audio-video clips, or other materials.

There are different terms that apply depending on the subscription you purchase.

Limits

For paid subscriptions, if we make modifications to the limits set forth in the plan that would negatively impact you, these modifications will not apply to you until the start of your next renewal Subscription Term. On renewal, the current product usage limits in our plans will apply to your subscription, unless you and we otherwise agree.

For our Free features, we may change the limits that apply to your use at any time in our sole discretion without notice to you, regardless of whether or not these are used in conjunction with other products or services for which you pay us a fee.

Downgrades

You may downgrade your subscription at any time via an email to info@workout.jarneclaesen.be. It is your responsibility to manage your subscription plan, and we will not provide refunds for subscription fees paid for higher than required limit.

Customer support

Email questions can be submitted via info@workout.jarneclaesen.be. Email responses are provided during office hours only. We attempt to respond to email support questions within two business days. However, we do not promise or guarantee any specific response time. 

Notice of Non-Renewal

Your subscription will automatically renew. To prevent renewal of your Subscription Plan, you must downgrade/cancel your Subscription Plan ahead of the next billing cycle.

5. General Legal Terms

Coach Data

1. Aggregated Data. We may monitor the use of the services by all our users and use the information gathered in an aggregate and anonymous manner.
2. Safeguards. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect End User Data.

Coach's Proprietary Rights

You own and retain all rights to the Customer material and Customer Data. These Terms do not grant us any ownership rights to Customer material or Customer Data. You grant permission

to us to use the Customer material and Customer Data only as necessary to provide the Subscription Plan to you and as permitted by these Terms. If you are using the Subscription Plan on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so.

Confidentiality

The receiver will: (i) protect the confidentiality of the confidential Information using the same degree of care that it uses with its own confidential Information of similar nature, but with no less than reasonable care, (ii) not use any confidential Information for any purpose outside the scope of these Terms, (iii) not disclose confidential Information to any third party, and (iv) limit access to confidential Information to its employees, contractors, advisors and agents. Upon notice to the discloser, the receiver may disclose confidential Information if required to do so under local law or regulation, subpoena or legal process.

Publicity

You grant us the right to add your name and company logo to our customer list and Site.

Indemnification

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against Us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) unauthorized or illegal use of the Service by you, (b) your noncompliance with or breach of these Terms, or (c) the unauthorized use of the services by any other person using your account information. We will: notify you in writing within forty-five (45) days of us becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any assistance reasonably requested by you to handle the defence or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on Us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on Us without our prior written consent.

Limitations of Liability

• Warranties. We make no warranties about the suitability, reliability, availability, security or accuracy of the services or Content. This to the extent permitted by applicable laws and regulations.
• No Indirect Damages. To the extent permitted by law, in no event shall either party be liable for any indirect, incidental or consequential damages or loss off profits, revenue or business opportunities.
• No Medical Advice. The Content we provide, whether provided to Us by Coaches or other third parties is not intended and should not be used in place of the advice of any medical professionals. The Content we provide does not constitute medical advice.
• No Responsibility for Coaches. You acknowledge that you are solely responsible for your selection of any Coach or other third party you choose to assist you with your training, and for any advice, coaching, training, or other services you receive from that Coach.

6. Miscellaneous

Amendments

We may update and change any Content of these Terms. The updated Terms will become effective and binding on the next business day after it is published. When we change these Terms, the “Last Modified” date will be updated to reflect the date of the most recent version.

Actions Permitted

Except for actions for non-payment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to these Terms may be brought by either party more than one (1) year after the cause of action has accrued.

Relationship of the parties

You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.

Compliance with Laws

We always reserve the right to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all laws in your use of the services.

Severability

If any part of these Terms is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in effect.

Notices

We may give electronic notices to you by email to your e-mail address(es) on record in our account information for you or through in-app notifications. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you. You must keep all of your account information current.

Entire Agreement

These Terms, along with our Privacy Policy, is the entire agreement between us for the services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. Our obligations are not contingent on the delivery of any future functionality or features of the services or dependent on any oral or written public comments made by us regarding future functionality or features of the services. We might make versions of these Terms available in languages other than English.  If we do, the English version of these Terms will govern our relationship, and the translated version is provided for convenience only and will not be interpreted to modify the English version of these Terms.

Assignment

You will not assign or transfer these Terms without our prior written consent, which will not be unreasonably withheld.

No Third-Party Beneficiaries

Nothing in these Terms is intended to or shall confer upon any third party any right, benefit or remedy of any nature whatsoever.