For members
Terms of Use for Members
Full text
Effective Date: February 28, 2024
Date of Most Recent Revision: September 20, 2026
INTRODUCTION
Welcome to TrainYourWay.AI (referred to hereinafter as "TrainYourWay" or "we" (including objective "us" and possessive "our")). TrainYourWay provides an AI coaching platform that your gym, studio, or wellness provider (your "Gym") makes available to you as one of its members. Our AI coach, "Jan," helps you plan workouts, track training, sleep and recovery, stay consistent, and keep in touch with your Gym's trainers and staff (the "Platform"). You connect with the Platform through our downloadable mobile application for iOS and Android (the "App") and through the TrainYourWay website at https://trainyourway.ai (the "Website"). The Platform, Jan, the App, the Website, and any additional services or materials provided or made available to you are collectively referred to herein as the "Services." These Terms of Use (the "Agreement") constitute the agreement between you, the member and end user ("User," or "you," including possessive "your"), and TrainYourWay in regard to your use of the Services.
If you want to use the Services or any component of the Services, you must carefully read this Agreement, because it constitutes a written contract between you and TrainYourWay and it affects your legal rights and obligations. Our Privacy Policy, which explains how we collect, use, and protect your information, is part of this Agreement.
Each time you access and/or use the Services, you agree to be bound by and comply with all of the terms and conditions of this Agreement. Do not use the Services if you do not agree to all of the terms of this Agreement.
If you are under eighteen years of age, you may not use any of the Services.
THE SHORT VERSION
This summary is for convenience only. The full Agreement below governs.
- Jan is an artificial-intelligence coach, not a person. Jan's suggestions are provided for general wellness, informational, and entertainment purposes only. They are not professional training or fitness advice, and they are never medical advice.
- Jan remembers what you share so coaching can be personal. You can ask Jan what it remembers and ask it to forget something.
- Tap Delete Account in Settings and we delete all of your data, including Jan's memories about you. You do not need to ask anyone.
- We do not sell your personal information and we do not share it with third parties for their own purposes. Your Gym's trainers and staff can see your training data because that is how the service works.
- Some features are experimental. They are labeled as such, may change or disappear, and may be less accurate.
- Talk to a healthcare provider before starting or changing an exercise program. If you have an emergency, call your local emergency number.
1. YOUR GYM, JAN, AND THE SERVICES.
A. The Gym Buys, Members Use.
TrainYourWay licenses the Services to your Gym, and your Gym invites you to use the App as part of your membership. Your Gym's trainers, coaches, clinicians, and authorized staff (collectively, "Gym Staff") can view the training, activity, and coaching information the Services hold about you so they can supervise and support your training. The relationship between you and your Gym, including fees, membership terms, and the professional services Gym Staff provide, is governed by your agreement with your Gym, not by this Agreement. TrainYourWay is not a party to that relationship and does not employ or supervise Gym Staff.
B. What Jan Does.
Jan is an AI coach built on large language models and deterministic training logic. Jan can chat with you, ask about your goals, schedule, injuries, and preferences, propose and adjust workout programs, schedule sessions, send you check-ins before and after workouts, notice when you miss a session, read health data you choose to share (such as steps, sleep, and body weight), and summarize your progress. Jan is designed to keep you consistent, not to replace your Gym Staff or your healthcare providers.
C. Health Data Integrations.
If you grant permission, the App can read data from Apple Health (HealthKit) on iOS or Health Connect on Android, and can write completed workouts back to those services. You control these permissions in your device settings and can revoke them at any time. Health data is used only as described in our Privacy Policy and is never used for advertising or sold.
2. AI COACHING: HOW JAN WORKS AND WHAT JAN IS NOT.
A. AI-Generated Content.
Most of what Jan says, including messages, plans, exercise selections, weight and rep suggestions, schedules, and summaries, is generated by artificial intelligence ("AI Content"). AI Content is based on new technology and has limitations. It may be inaccurate, incomplete, out of date, or inappropriate for you. It may not take into account your complete health history, current condition, or real-time circumstances. Jan can make mistakes, including confident-sounding ones.
B. General Wellness, Informational, and Entertainment Purposes Only.
THE SERVICES, INCLUDING JAN AND ALL AI CONTENT, ARE PROVIDED FOR GENERAL WELLNESS, INFORMATIONAL, AND ENTERTAINMENT PURPOSES ONLY. THEY DO NOT CONSTITUTE, AND MUST NOT BE RELIED UPON AS, PROFESSIONAL PERSONAL-TRAINING ADVICE, COACHING SERVICES OF A LICENSED OR CERTIFIED PROFESSIONAL, NUTRITIONAL OR DIETETIC ADVICE, OR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. JAN IS NOT A LICENSED HEALTHCARE PROVIDER, PHYSICAL THERAPIST, DIETITIAN, OR CERTIFIED PERSONAL TRAINER, AND NOTHING JAN SAYS CREATES A PROVIDER-PATIENT OR TRAINER-CLIENT RELATIONSHIP WITH TRAINYOURWAY. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE OR CONDITION, AND HAVE NOT BEEN CLEARED OR APPROVED BY ANY HEALTH AUTHORITY FOR ANY MEDICAL PURPOSE.
C. Consult Your Doctor and Your Gym Staff.
Consult your healthcare provider before beginning any exercise program, changing your diet, taking supplements, or acting on any suggestion generated by the Services. If you have a medical condition, are pregnant, are recovering from an injury or surgery, take medication that affects exercise, or are usually sedentary, obtain medical clearance first. Your Gym Staff and healthcare providers are the professionals responsible for your training and your health; Jan is a tool that supports them. If there is any conflict between what Jan suggests and what your healthcare provider or Gym Staff tells you, follow your healthcare provider and Gym Staff.
D. Your Responsibility and Health Acknowledgment.
Before acting on any AI Content, you understand and agree to the following:
- Potential for Inaccuracy. AI Content may contain errors and is not a substitute for consultation with your physician or another qualified healthcare, nutrition, or fitness professional.
- Your Judgment Governs. You alone decide whether any exercise, weight, intensity, schedule, or other suggestion is appropriate for you. Use of the Services should not replace your good judgment and common sense.
- Listen to Your Body. If you feel pain, dizziness, shortness of breath, chest discomfort, or unusual or lasting fatigue during or after exercise, stop and consult a healthcare provider before continuing.
- Emergencies. Jan cannot recognize or respond to emergencies. If you are experiencing a medical or mental-health emergency, stop using the Services and call your local emergency number (911 in the United States) or go to the nearest emergency room. In the United States you can also call or text 988 for the Suicide and Crisis Lifeline.
- Not a Companion or Therapist. Jan is a fitness coach. Jan is not designed to provide emotional support, counseling, or mental-health care, and you should not rely on Jan for those purposes.
E. Jan's Memory.
To coach you well over time, Jan creates and keeps memories about you ("Memories"). Memories are short, structured notes Jan derives from your conversations and your activity, such as your goals, schedule and equipment constraints, injuries or limitations you mention, what motivates you, how and when you like to be contacted, and summaries of past conversations. Jan uses Memories only to personalize your coaching within the Services and to share relevant context with your Gym Staff. Jan will not knowingly store payment details, government identifiers, or the content of communications you did not have with the Services. You may ask Jan at any time what it remembers about you and ask it to forget a specific memory, or contact us at privacy@trainyourway.ai. When you delete your account, all Memories about you are permanently deleted. Additional details are in our Privacy Policy.
F. Human Oversight.
Your Gym Staff can review Jan's coaching and the information Jan holds about you, and may adjust your program or intervene directly. Some Jan-generated plans are reviewed by Gym Staff before they reach you; others are delivered automatically. Delivery through the Services does not mean that a human professional has reviewed a particular message.
G. Experimental Features.
From time to time we offer features that are experimental, in beta, or in limited release ("Experimental Features"). Experimental Features are labeled as such in the App or described to you before you use them. They may be less accurate or less reliable than other parts of the Services, may be available only to some members, some Gyms, or for a limited time, may require a separate acknowledgment, and may be changed, suspended, or withdrawn at any time without notice. Everything in this Section 2 applies to Experimental Features with additional force.
H. Not Autonomous.
Jan does not take actions outside the Services on your behalf, does not make purchases for you, and does not contact anyone other than you and your Gym Staff.
3. YOUR INFORMATION, DELETION, AND NO SALE OR THIRD-PARTY SHARING.
A. Privacy Policy.
Our collection and use of your information is described in our Privacy Policy, which is incorporated into this Agreement.
B. No Sale and No Third-Party Sharing.
We do not sell, rent, or trade your personal information, and we do not share it with third parties for their own marketing, advertising, or other purposes. We disclose personal information only to your Gym Staff (so they can coach you), to service providers who process it on our behalf under contract and only on our instructions (such as cloud hosting, AI model providers, chat delivery, and monitoring), when required by law, or with your direction. Our AI model providers do not use your information to train their models. Details are in the Privacy Policy.
C. Deleting Your Account.
You can delete your account yourself at any time: open Settings in the App and tap Delete Account. No email, no waiting, no approval from your Gym. When you do, we delete all of your data: your profile and contact details, your conversations with Jan, Jan's Memories and inferences about you, your health data, your intake answers, your photos and videos, your program, and your logged workouts. The only things that remain are records that no longer identify you (for example, an anonymous count of workouts) and the record that you accepted this Agreement, which we are required to keep. The details are in Section 5 of the Privacy Policy. If you cannot use the App, email support@trainyourway.ai from your account email and we will do it for you. Deleting your account is permanent. Your membership with your Gym is separate and is governed by your agreement with your Gym.
4. CONTENT AND INTELLECTUAL PROPERTY.
A. Content.
The Services contain, or may contain, a variety of materials and other items relating to TrainYourWay and its products and services, and similar items from our licensors and other third parties. All content in the Services, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, videos, URLs, technology, software, interactive features, the "look and feel" of the Services, the compilation, assembly, and arrangement of the materials of the Services, and any and all copyrightable material (including source and object code), trademarks, logos, trade names, service marks, company names, and trade identities of various parties, including those owned by TrainYourWay and those owned by third parties and licensed to TrainYourWay (collectively, "Trademarks"), and other forms of intellectual property are defined collectively as "Content." For clarity, the definition of Services extends to and includes all Content.
B. Ownership.
The Services (including any past, present, and future versions of the App and the Website) and the Content are either owned by TrainYourWay or controlled by TrainYourWay through licenses granted by its licensors. All right, title, and interest in and to the Content is the property of TrainYourWay or of our licensors and is protected by U.S. federal copyright, trademark, patent, and trade secrets laws and by other federal and state intellectual property and unfair competition laws. "Intellectual Property Rights," as used in this Agreement, means any and all rights belonging to TrainYourWay and existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. As between you and TrainYourWay, TrainYourWay retains all of its titles, interests, and ownership in the Services and the Content, and you acknowledge that neither you nor any other User acquires any ownership in any Intellectual Property Rights regarding the Services or the Content under this Agreement.
C. Limited License Granted to You.
Subject to your strict compliance with this Agreement, TrainYourWay grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license (the "Limited License") to download (for temporary storage only), display, view, use, and print the Content on a personal computer, mobile phone, or other Internet-enabled device (each, an "Internet Access Device") for your personal, non-commercial use only. The Limited License does not give you any ownership of, or any other intellectual property interest in, any Content, and TrainYourWay reserves the right to suspend or terminate your Limited License at any time and for any reason without advance notice and without liability. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by TrainYourWay.
D. Your Content.
You retain ownership of the information and materials you submit to the Services, including your messages to Jan, your workout logs, and any photos or videos you upload ("Your Content"). You grant TrainYourWay a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, and display Your Content solely to provide, secure, and improve the Services for you and your Gym as described in the Privacy Policy. We do not use Your Content to train third-party AI models, and we do not share it with third parties for their own purposes. Any aggregated and de-identified information we derive from usage of the Services may be used to improve the Services and is not Your Content.
E. Rights of Others.
In using the Services, you must respect the rights of others. Unauthorized use of the Services or any Content may violate rights owned by TrainYourWay or its licensors and may violate copyright, trademark, privacy, publicity, communications, and other laws, and may result in personal liability for you, including potential criminal liability.
Third-party trademarks. © 2025 NVIDIA, the NVIDIA logo, and NVIDIA Inception are trademarks and/or registered trademarks of NVIDIA Corporation in the U.S. and other countries.
5. USER CONDUCT.
You agree that you will not do any of the following: alter, modify, adapt, repackage, or change any of the Services in whole or in part; remove any notices of copyright or other proprietary notices; copy, reproduce, publish, distribute, or redistribute any of the Services to any person who is not an authorized User; sell, resell, lend, lease, license, sublicense, assign, or otherwise transfer the Services, any rights granted under this Agreement, or any Intellectual Property Rights owned by TrainYourWay; provide any other person access to the Services by means of your credentials; decompile, disassemble, translate, or reverse engineer any portion of the Services, or otherwise attempt to discover any source code, model, prompt, algorithm, or underlying idea in any portion of the Services; use any robot, spider, scraper, crawler, or other automatic device or manual process to monitor, gather, copy, or extract Content; attempt to manipulate, jailbreak, or extract instructions from Jan, or use Jan to generate content unrelated to your training; circumvent, disable, or otherwise interfere with security features of the Services; collect or harvest any personal information, including usernames and passwords, from the Services; create multiple accounts or accounts under false pretenses; transmit spam, viruses, or other code of a destructive nature; use the Services to violate the security of any computer network or to store illegal material; use the Services after the termination of your account; fail to provide true, accurate, complete, and current registration information; upload content that is sexually explicit, violent, harassing, threatening, or otherwise objectionable, or send such content to Gym Staff; engage in any activity through the Services that is unlawful or that harms or threatens any individual or entity; or use the Services in any manner not authorized by this Agreement.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ANY VIOLATION OF THE FOREGOING PROVISIONS MAY, IN TRAINYOURWAY'S SOLE DISCRETION, SUBJECT YOU TO THE IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, AND MAY SUBJECT YOU TO CIVIL AND/OR CRIMINAL LIABILITY, INCLUDING LIABILITY FOR DAMAGES, COSTS, EXPENSES, AND FEES (INCLUDING ATTORNEY'S FEES) INCURRED BY TRAINYOURWAY IN ENFORCING ITS RIGHTS UNDER THIS AGREEMENT.
6. YOUR ACCOUNT.
A. Registration.
To use the Services you must register an account. You must be at least eighteen years of age. The practices governing the collection and use of your personal information are disclosed in the Privacy Policy. Your decision to provide information to Jan is voluntary; however, if you elect not to provide it, Jan may not be able to personalize your coaching or you may not be able to use certain features.
B. Credentials.
You agree that: (1) you will not use an email address or username that impersonates another person or violates the rights of any person or entity; (2) you will provide accurate, current, and complete registration information and keep it up to date; (3) you are solely responsible for all activities that occur under your account, except to the extent caused by unauthorized use of your credentials by another person; (4) you are solely responsible for maintaining the confidentiality of your credentials and restricting access to your Internet Access Device; (5) you will immediately notify TrainYourWay of any unauthorized use of your account or any other breach of security; and (6) you will not sell, transfer, or assign your account. TrainYourWay shall have no liability for any loss or damage arising from your failure to comply with the foregoing.
C. Termination or Suspension.
If any information you provide is false, inaccurate, outdated, or incomplete, or if you violate this Agreement or applicable law, TrainYourWay may suspend or terminate your account in its sole discretion and without liability to you. TrainYourWay also reserves the right to terminate or suspend your account when your Gym's subscription ends or your Gym asks us to remove you, and otherwise at our discretion with reasonable notice.
D. Charges and Subscriptions.
Your Gym pays for the Services under its agreement with TrainYourWay. TrainYourWay reserves the right, upon reasonable notice, to offer premium functionality directly to members for a fee or a subscription ("Subscription"). If TrainYourWay terminates or changes a paid Subscription in a way that materially diminishes its value, TrainYourWay will provide, at its discretion, a pro rata refund of the unused Subscription or a credit of comparable value, which shall be your sole and exclusive remedy. Purchases made through the Apple App Store or Google Play are also subject to those stores' terms.
E. Internet Access Devices, Third-Party Components, and Wireless Features.
Your use of any Internet Access Device and all third-party hardware, software, services, and telecommunications services (including Internet connectivity) used to access the Services ("Third-Party Components") is your sole responsibility, including all associated costs. TrainYourWay does not represent or warrant that the Services are compatible with any specific Third-Party Component. Standard messaging, data, and other fees may be charged by your carrier when you use the Services on a wireless device; check with your carrier for details.
7. THIRD-PARTY SERVICES AND LINKS.
The Services may link to or interoperate with websites, applications, and services operated by third parties (for example, Apple Health, Health Connect, and the app stores). TrainYourWay has no control over such third-party services and bears no responsibility or liability for their content, availability, policies, or practices. Your use of third-party services is subject to their terms and policies. This Agreement does not apply to third-party services.
8. YOUR GENERAL REPRESENTATIONS AND WARRANTIES.
You represent and warrant that: (A) you have the authority to enter into this Agreement; (B) you are over the age of eighteen; (C) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country; (D) you will comply with all instructions, rules, and procedures that apply to your account; (E) you have provided and will continue to provide true, accurate, current, and complete registration information; (F) you will abide by all of your obligations under this Agreement; and (G) you will comply with all laws and regulations applicable to your use of the Services.
9. YOUR INDEMNIFICATION RESPONSIBILITIES.
You shall indemnify and hold harmless TrainYourWay, its parent company, affiliates, officers, directors, employees, agents, and representatives from, and at your expense shall defend TrainYourWay against, any loss, damage, or expense (including reasonable legal costs) that TrainYourWay incurs or becomes liable for as a result of any breach by you of this Agreement; any negligent, reckless, or willful act or omission by you; any failure by you to comply with applicable law; any misuse by you of the Services; or any claim made against TrainYourWay by a third party arising from your use of the Services. TrainYourWay shall have the right, at its own expense, to participate in the defense of any such claim. You shall not, without TrainYourWay's written consent, enter into any settlement that adversely affects TrainYourWay's rights or that does not include an unconditional release of TrainYourWay.
10. NO OTHER WARRANTIES.
TRAINYOURWAY'S REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE THE ONLY REPRESENTATIONS AND WARRANTIES PROVIDED BY TRAINYOURWAY WITH RESPECT TO THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING JAN AND ALL AI CONTENT, ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TRAINYOURWAY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, SAFETY, OR APPROPRIATENESS OF ANY AI CONTENT OR RECOMMENDATION; ANY WARRANTY REGARDING RESULTS TO BE OBTAINED FROM USE OF THE SERVICES; AND ANY WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION. TRAINYOURWAY DOES NOT GUARANTEE ANY PARTICULAR FITNESS, HEALTH, WEIGHT, OR PERFORMANCE OUTCOME. YOU ACKNOWLEDGE THAT TRAINYOURWAY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE SERVICES, AND THAT YOU RELY ON ANY AI CONTENT SOLELY AT YOUR OWN RISK. TRAINYOURWAY RESERVES THE RIGHT TO MODIFY OR REMOVE ANY PORTION OF THE SERVICES, INCLUDING ANY CONTENT OR FEATURE, AT ANY TIME, WITH OR WITHOUT NOTICE. Some jurisdictions do not allow the exclusion of certain warranties; to that extent, the foregoing exclusions may not apply to you.
11. CONTENT DISCLAIMER.
ALTHOUGH TRAINYOURWAY ATTEMPTS TO PROVIDE HIGH-QUALITY CONTENT, TRAINYOURWAY IS NOT RESPONSIBLE FOR ANY FALSE, MISLEADING, INCOMPLETE, INACCURATE, OR OTHERWISE DEFECTIVE CONTENT, INCLUDING AI CONTENT. CONTENT IS PROVIDED FOR GENERAL WELLNESS, INFORMATIONAL, AND ENTERTAINMENT PURPOSES ONLY, AND TRAINYOURWAY IS NOT RESPONSIBLE FOR ANY RELIANCE UPON CONTENT BY YOU OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF DISSATISFACTION WITH THE CONTENT IS TO NOTIFY TRAINYOURWAY, IN WHICH CASE TRAINYOURWAY WILL REVIEW THE COMPLAINT, AND/OR TO STOP USING THE CONTENT.
12. LIMITATION OF LIABILITY.
IN NO EVENT WILL TRAINYOURWAY'S LIABILITY UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SERVICES, THE CONTENT, OR ANY AI CONTENT, REGARDLESS OF THE CLAIM OR FORM OF ACTION, INCLUDE ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR PERSONAL INJURY TO THE EXTENT ARISING FROM YOUR RELIANCE ON AI CONTENT CONTRARY TO SECTION 2, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF TRAINYOURWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRAINYOURWAY'S MAXIMUM AGGREGATE LIABILITY TO YOU UNDER OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID DIRECTLY TO TRAINYOURWAY IN THE TWELVE MONTHS BEFORE THE DAMAGES FIRST AROSE AND (B) ONE HUNDRED U.S. DOLLARS (US$100). YOU ARE SOLELY RESPONSIBLE FOR YOUR RELATIONS WITH YOUR GYM, GYM STAFF, AND OTHER USERS, AND TRAINYOURWAY SHALL NOT BE LIABLE FOR ANY DISPUTE BETWEEN YOU AND ANY OF THEM. Some jurisdictions do not allow the limitation of liability for certain damages; to that extent, the foregoing limitations may not apply to you.
13. GENERAL PROVISIONS.
A. Governing Law and Dispute Resolution.
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of California. Disputes arising under this Agreement shall proceed through three levels of resolution, if necessary: negotiations between you and TrainYourWay, mandatory mediation, and court proceedings. Any dispute which arises under this Agreement and cannot be resolved by good-faith negotiations between the parties within ninety (90) days must be submitted to mandatory mediation in San Francisco before a neutral mediator chosen and appointed by Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The mediation shall take place within forty-five (45) days after the mediator has been appointed, on one business day, and shall last no longer than ten (10) hours unless the parties mutually agree to an extension. The mediator shall apply U.S. and California law to substantive issues and applicable JAMS procedural rules to procedural issues. The parties shall bear their own costs for the mediation and shall split equally the costs and fees of the mediator. If either party is unsatisfied with the resolution provided by the mediator, either party may file a claim in the appropriate state or federal court sitting in the Northern District of California, with venue in San Francisco. You consent to the jurisdiction of state and federal courts sitting in California for resolving any disputes arising under this Agreement which cannot be resolved by negotiation or mediation.
(1) TrainYourWay's Right to Injunctive Relief. The foregoing provisions of this Section 13 will not apply to any legal action taken by TrainYourWay to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any threatened loss, cost, or damage) relating to the Services, any Content, Your Content, TrainYourWay's Intellectual Property Rights, or TrainYourWay's operations, products, or services.
(2) Your Waiver of Injunctive or Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN YOU AGREE THAT THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, AND THAT YOU WILL NOT SEEK, AND WILL NOT BE PERMITTED TO OBTAIN, ANY COURT ORDER THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY SERVICES, CONTENT, IDEAS, MATERIALS, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY TRAINYOURWAY OR ITS LICENSORS.
B. Updates to this Agreement.
TrainYourWay may modify this Agreement from time to time ("Updated Terms"). If we make a material change, we will notify you in the App and ask you to review and accept the Updated Terms before you continue using the Services, and we will update the "Date of Most Recent Revision" above. For other changes we may notify you by posting the Updated Terms in the App or on the Website. Your continued use of the Services after Updated Terms take effect constitutes your acceptance of them. If you do not agree to Updated Terms, you must stop using the Services and may delete your account.
C. International Issues.
TrainYourWay controls and operates the Services from its offices in the U.S.A. and makes no representation that the Services are appropriate or available for use beyond the U.S.A. If you use the Services from other locations, you do so on your own initiative and are responsible for compliance with applicable local laws. TrainYourWay reserves the right to limit the availability of the Services to any person, geographic area, or jurisdiction at any time in its sole discretion.
D. Severability and Interpretation.
If any provision of this Agreement is for any reason deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from this Agreement and will not affect the validity or enforceability of the remainder of this Agreement. To the extent permitted by applicable law, you waive any statutory and common law that may permit a contract to be construed against its drafter. Wherever the word "including" is used in this Agreement, it means "including, without limitation."
E. Communications.
Whenever you communicate with TrainYourWay electronically, you consent to receive communications from TrainYourWay electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
F. Law Enforcement and Termination.
TrainYourWay reserves the right to investigate suspected breaches of the security of the Services or of this Agreement, to cooperate with law enforcement authorities, to prosecute violators of this Agreement, and to discontinue the Services in whole or in part, or suspend or terminate your access, at any time, without notice, for any reason and without any obligation to you or any third party. Upon suspension or termination, all rights granted to you under this Agreement will cease immediately. The provisions of this Agreement which by their nature should survive termination will survive, including the licenses you grant to TrainYourWay, the indemnities, releases, disclaimers, and limitations on liability, and the provisions regarding jurisdiction, venue, choice of law, and mandatory mediation.
G. Assignment.
TrainYourWay may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without notice. You may not assign this Agreement or delegate your duties under it without TrainYourWay's prior written consent.
H. No Waiver.
Except as expressly set forth in this Agreement, no failure or delay by you or TrainYourWay in exercising any right or remedy under this Agreement will operate as a waiver of that or any other right or remedy.
I. No Partnership or Joint Venture.
Nothing in this Agreement shall be construed as creating a partnership, joint venture, franchise, employment, or agency relationship between you and TrainYourWay.
J. Complete Agreement.
This Agreement, together with the Privacy Policy, contains your entire understanding with TrainYourWay with respect to its subject matter and supersedes any and all prior oral or written proposals or understandings.
K. Contact.
Questions about this Agreement: support@trainyourway.ai. Questions about privacy or your data: privacy@trainyourway.ai, or +1 626-872-4699.