Fitora Platform Policies

Introduction

Welcome to Fitora! These Terms of Service ("Terms") govern your access to and use of the Fitora platform, including any websites, mobile applications, and services (collectively, "Fitora" or the "Platform"). By registering an account or using Fitora, you ("you" or "User") agree to be bound by these Terms. If you do not agree, you must not use the Platform. These Terms form a legal agreement between you and Fitora (operated by Fitora Ltd., referred to as "Fitora," "we," or "us"). We may update these Terms from time to time and will notify users of any material changes. Your continued use of Fitora after updates means you accept the revised Terms.

Account Registration and Eligibility

User Accounts: To use Fitora as a trainer or client, you must create an account and provide accurate, up-to-date information. You agree to keep your contact information and payment details current. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use of your account.

Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account on Fitora. By using Fitora, you represent that you meet this age requirement and are legally capable of entering into contracts. If you are using Fitora on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

Account Usage: Each User (Trainer or Client) may only create one account unless expressly permitted by Fitora. You may not transfer or share your account with others. Fitora reserves the right to suspend or terminate any account that is duplicative, misrepresents your identity, or violates these Terms.

Platform Overview and Roles

Fitora is an online marketplace that connects fitness trainers ("Trainers") with clients ("Clients") seeking on-demand fitness courses and one-on-one training sessions. Trainers can upload video courses, offer live virtual training sessions, set availability schedules, and receive payments for their content and services. Clients can browse and purchase on-demand fitness courses or book live sessions through the Platform.

Independent Service Provider: Fitora's role is to facilitate transactions and interactions between Trainers and Clients. We are not a fitness training service ourselves; the actual contract for services or content is between the Trainer and the Client. Fitora is not an employer, agent, or insurer of any Trainer. Trainers provide services as independent contractors. Fitora simply provides the infrastructure (such as website, payment processing, scheduling tools, and customer support) to enable these transactions.

No Guaranteed Outcomes: While Fitora vets its Platform to maintain quality, we do not guarantee any specific outcomes from the training or courses. Any fitness or health advice provided in courses or sessions comes from the Trainer, not from Fitora. Clients are responsible for using their judgment when applying fitness advice and should consult a physician if needed.

Trainer Obligations and Rights

If you sign up as a Trainer on Fitora, you agree to the following terms specific to Trainers:

• Profile and Qualifications: You will accurately describe your qualifications, certifications, experience, and the content or services you offer. You will not misrepresent your identity or skills. Fitora may require verification of your identity and qualifications (such as providing identification or certifications) for trust and safety.
• Content Ownership and License: You retain ownership of the fitness course content (videos, audio, text, etc.) that you upload to Fitora. However, by uploading content, you grant Fitora a worldwide, royalty-free license to host, reproduce, distribute, and display your content on the Platform for the purposes of providing the content to Clients and promoting your courses. This license allows Fitora to continue providing access to Clients who have purchased your course, even if you later remove the course or deactivate your account. (In other words, once a Client purchases your on-demand course, they will retain access to that course indefinitely through Fitora.)
• Content Standards: You are responsible for ensuring that all content you provide (course materials, videos, descriptions, etc.) is your original work or that you have all necessary rights and permissions to use it. Your content must not infringe or violate any copyright, trademark, or other intellectual property rights of third parties. Content must also comply with Fitora's content guidelines: it should be appropriate for a general audience (no nudity or sexually explicit material unrelated to fitness), non-discriminatory, and not promote dangerous or illegal activities. Fitora reserves the right to review and remove any content that violates these Terms or our policies.
• Service Quality: When offering live sessions, you commit to providing the services with reasonable skill and care. You will show up on time for scheduled sessions or calls, prepared to deliver the training as advertised in your listing. Consistently failing to deliver quality service or frequent cancellations without valid reason may result in account warnings or suspension.
• Scheduling and Rescheduling: You must keep your availability calendar up to date. If you need to reschedule a one-on-one session due to a reasonable cause (e.g., illness or emergency), you should inform the Client as soon as possible through the Platform and propose an alternative time. Trainers are permitted to reschedule sessions for legitimate reasons without penalty, but excessive rescheduling or cancellations may affect your standing on the Platform.
• Communication: All communication with Clients regarding scheduling, training instructions, or any issues should be conducted via Fitora's messaging tools whenever possible. This ensures a record in case of disputes and helps us enforce policies (for example, preventing off-platform solicitation). You must not solicit Clients to move off the Platform for sessions or payment, as this circumvents Fitora's policies and commission.
• Earnings and Payouts: Fitora will collect payments from Clients on your behalf for sessions and course sales. We deduct a 20% commission from all transactions (this covers use of the Platform, payment processing fees, and support services). The remaining 80% of the earnings will be credited to your Fitora account. You can choose to receive your payouts in cash or as Fitora Credits (see Fitora Credits section below). Payouts in cash (actual currency) are issued weekly via your selected payout method (such as Stripe Connect, PayPal, or bank transfer). You are responsible for providing correct payout details and keeping them updated. Fitora does not impose a minimum payout threshold – all account balances are disbursed on the weekly payout cycle, regardless of amount.
• Taxes: As an independent contractor, you are solely responsible for determining and fulfilling your tax obligations for the income you earn through Fitora. Fitora does not withhold income taxes on your behalf. We may provide you with records of your earnings (and will comply with any reporting obligations to tax authorities as required by law), but you should consult a tax professional about your personal tax situation. If you opt to receive Fitora Credits instead of cash payouts, note that Fitora will not issue tax documents for those credits; it is your responsibility to determine any tax implications of using or later converting those credits.
• Conduct: You agree to treat Clients respectfully and professionally. Harassment, hate speech, or any inappropriate behavior towards Clients is strictly prohibited. During live sessions, you must not engage in any activity that is not related to the training (for example, soliciting personal dates or unrelated services is forbidden).
• Compliance with Laws: You must comply with all applicable laws and regulations in your provision of services. This includes having any necessary certifications or permits to offer fitness training in your jurisdiction, adhering to health and safety regulations, and protecting Client privacy. You should not provide medical or nutritional advice beyond your qualifications, and you should advise Clients to seek medical clearance if they have health concerns.
• No Circumvention: By agreeing to these Terms, you acknowledge that Fitora has invested in building this Platform. You will not attempt to circumvent Fitora by transacting with Clients outside the Platform for services found through Fitora. Engaging in off-platform transactions (to avoid commissions or otherwise) may result in account termination. Fitora monitors communications for compliance and reserves the right to take enforcement action if circumvention is detected.

Client Obligations and Rights

If you use Fitora as a Client (purchasing courses or booking training sessions), you agree to the following:

• Proper Use of Content: When you purchase an on-demand fitness course, Fitora grants you a personal, non-transferable license to access and view the content for your own personal use. You may not share, resell, or publicly distribute the course content. For example, you cannot post a Trainer's videos on the internet or allow others who have not purchased the course to access it. The content is for your personal fitness education and should not be used for commercial purposes or to train others for profit.
• Booking Sessions: When you book a one-on-one session with a Trainer, you must pay the fee specified at checkout. Once payment is processed, the session is confirmed. Ensure that you have the necessary equipment or technology (e.g., a stable internet connection for virtual sessions) at the scheduled time.
• Timeliness and Communication: You should be on time for scheduled sessions and participate in good faith. If you need to reschedule or cancel, you must do so according to Fitora's Cancellation Policy (see Cancellation and Refunds below). You should communicate promptly with your Trainer via the Platform if any issues arise.
• No Personal Cancellation Policies: Clients are not permitted to impose their own cancellation or refund terms outside of Fitora's standard policies. By booking a session or purchasing content, you agree to abide by Fitora's Cancellation and Refund Policy outlined in these Terms and the separate Refund Policy section. Attempts to enforce terms that contradict Platform policies (for instance, demanding a refund or reschedule outside the allowed conditions) may not be honored.
• Payments and Fees: You agree to pay for all courses and sessions you purchase, including any applicable taxes or fees. Prices on Fitora are set by the Trainers (with Fitora's commission built-in) and are charged in the currency specified at checkout. Fitora uses Stripe and other third-party payment processors to handle transactions securely. By providing a payment method, you authorize Fitora to charge the total amount of your purchase. If your payment fails or is later disputed (e.g., via a chargeback), Fitora may suspend your account until the matter is resolved.
• Use of Platform Credits: If you receive Fitora Credits (for example, as a refund or promotional credit), those credits can be used toward future purchases on the Platform. Credits are not redeemable for cash, and they may be subject to expiration or other conditions as communicated. Using credits for payment will apply to the order total (and any remaining balance must be paid with a standard payment method).
• Fitness and Health Acknowledgment: You understand that participation in fitness training or use of fitness content carries some risk. By using Fitora and participating in courses or sessions, you acknowledge that you are in suitable health to do so, or you have consulted a medical professional before starting a new fitness regimen. You agree that neither Fitora nor the Trainer will be liable for any injury, illness, or adverse effect you might experience while following a training program, absent negligence or willful misconduct. Always exercise within your limits and stop if you feel pain or discomfort.
• User Conduct: You agree to treat Trainers with respect and follow their reasonable instructions during training sessions. You will not harass, abuse, or discriminate against Trainers or other users on the Platform. Inappropriate behavior (such as using offensive language, making advances toward the Trainer, or any form of hate speech) can result in termination of your account. If you have a dispute with a Trainer, you agree to engage with Fitora's dispute resolution process rather than attacking the Trainer personally or publicly.
• No Circumvention: Just as Trainers are barred from off-platform dealings, you agree not to circumvent Fitora by arranging payments or sessions outside the Platform. Even if you have developed a relationship with a Trainer, all subsequent sessions or course purchases should be made through Fitora. This ensures that the transaction is secured and that both parties are protected under these Terms and our dispute resolution process.

Fees, Commission, and Payment Processing

Fitora provides a platform for paid training services and content, and the following fees and payment terms apply:

• Commission: Fitora charges Trainers a service fee of 20% of the price of each transaction (course sale or session booking). This commission is automatically deducted from the payment a Client makes. For example, if a Client pays $100 for a session, the Trainer will earn $80 and Fitora keeps $20 as the commission. Prices listed on the Platform by Trainers should take into account this commission. Fitora reserves the right to adjust the commission rate in the future, but will provide notice to Trainers of any changes.
• Client Fees: Currently, Fitora does not charge Clients a separate service fee on top of the listed price (the price you see already includes the Trainer's fee and Fitora's commission). The amount you pay at checkout is the final price. Fitora may introduce nominal booking or processing fees for Clients in the future to cover payment processing or other costs, but any such fees will be disclosed upfront during checkout.
• Payment Processing: All payments by Clients are processed through third-party payment processors, such as Stripe. Fitora itself does not store full credit card numbers or financial account information on our servers. By making a purchase, Clients agree to Stripe's terms of service and privacy policy (or the applicable processor's terms) in addition to these Fitora Terms. Payment processing partners may charge additional fees (for example, currency conversion fees or bank transfer fees) which are beyond Fitora's control.
• Payouts to Trainers: Earnings for Trainers (after the 20% commission is deducted) are accumulated in each Trainer's account balance. Fitora's standard payout schedule is weekly: we will initiate a payout of all cleared funds to the Trainer's chosen payout method once every week (for example, every Monday). There is currently no minimum payout threshold; even small balances will be paid out. However, very small amounts might be grouped with the next payout to avoid issues with payment provider minimums or fees. Trainers must have a valid payout method on file (such as linking a Stripe Connect account, a PayPal email, or providing bank transfer details). Fitora is not responsible for delays or errors in payouts due to incorrect information provided by the Trainer or issues on the payment processor's end.
• Clearing Period: While course sales are usually final at purchase, session payments might only be cleared after the session date has passed to ensure the service was delivered. Fitora reserves the right to hold payouts for a reasonable period (e.g., until a session is completed or for a short time after purchase) to account for potential disputes or refunds. We may also delay or withhold a payout if a dispute or chargeback is pending regarding those funds.
• Currency: Fitora may support multiple currencies, but in cases where conversion is needed, the exchange rate and any conversion fees are determined by our payment processor at the time of transaction. Fitora is not liable for any loss due to currency fluctuations or fees.
• Invoices and Receipts: Clients will receive confirmation and receipt of their payment via email. Trainers can access their earnings reports and invoices for commissions in their account dashboard. All financial transactions should be properly recorded by Users for their own accounting and tax purposes.
• Promotional Credits and Coupons: Fitora may offer promotional discounts, coupons, or credits to Users occasionally. These may have additional terms (like expiration dates or usage limitations) which will be communicated when the promotion is offered. Promotional credits do not have monetary value outside Fitora and are not redeemable for cash.

Cancellations and Refunds

Fitora has a standard Cancellation and Refund Policy (detailed in the Refund Policy section below) which applies to all sessions and course purchases. By using the Platform, both Trainers and Clients agree to abide by that policy. Key points include:

• Client-Initiated Cancellations (Sessions): If a Client needs to cancel a one-on-one session, they should do so as early as possible. Fitora allows Clients to cancel a session and receive a refund if the cancellation is made within the permitted timeframe (for example, at least 24 hours before the scheduled start time). Cancelling on short notice (within 24 hours of the session) or failing to attend a session (no-show) may result in the Client being charged the full amount with no refund, as the Trainer has reserved that time.
• Trainer-Initiated Cancellations: If a Trainer cancels a session due to illness or an emergency, or needs to reschedule, the Client will be offered the choice of accepting the rescheduled time or receiving a full refund/credit for that session. Trainers are expected to use the cancellation/rescheduling option only for legitimate reasons. Fitora monitors cancellation rates, and Trainers who cancel frequently may face consequences.
• On-Demand Courses: Purchases of on-demand course content are generally non-refundable once access has been granted. Because users gain immediate access to digital content, all sales are considered final. However, if a course you purchased is found to be defective (e.g., videos not playing) or is removed from the Platform entirely, please contact Fitora support. We may, at our discretion, provide a refund or credit in such cases where the content was not delivered as promised. Note that if a Trainer simply unpublishes or removes a course from future sale, Clients who already purchased it will continue to have access, so no refund would be necessary in that scenario.
• Dispute Handling: All refund requests and disputes are handled through Fitora's customer support and dispute resolution process – not directly between the Client and Trainer. If you believe you deserve a refund or have an issue with a service or content, you must report it to Fitora (via the Platform's resolution center or support email) within the time specified in the Refund Policy. Fitora will review the case, possibly seek input from both parties, and make a determination. Fitora's decision on disputes and refunds is final and binding under these Terms.
• No Independent Policies: To reiterate, individual Trainers cannot enforce separate refund or cancellation policies outside of Fitora's terms. Likewise, Clients cannot demand terms outside what is provided here. All users are subject to Fitora's unified Cancellation and Refund Policy to maintain fairness and consistency across the Platform.

For full details on cancellation windows, refund methods, and how to initiate a cancellation or dispute, please see the Refund Policy section below.

Fitora Credits (Platform Credit System)

Fitora offers an internal credit system ("Fitora Credits") which can be used as a method of receiving payouts or refunds:

• Credits as Payout Option for Trainers: Trainers may choose to have their weekly earnings (in whole or in part) allocated as Fitora Credits instead of being paid out to their bank or PayPal. Choosing this option means the funds will be available in your Fitora account to spend on other Fitora offerings (for example, purchasing courses from other Trainers or services on the Platform). Opting for credits can be useful if you also use Fitora as a Client or if you wish to accumulate balance for later use.
• No Fees on Credits: When using Fitora Credits for purchases, no additional processing fees are charged (since it's an internal currency). Also, converting your earnings to credits will still account for Fitora's commission being already taken – i.e., credits are given on the net amount you earned.
• Not a Bank Account or Cash: Fitora Credits are not legal tender and are not insured or guaranteed by any financial institution. They represent a prepaid value within the Platform. Credits cannot be withdrawn as cash. (For example, if you choose to take $100 of earnings as credits, you cannot later request that those credits be paid out to your bank; you would need to spend them within Fitora.)
• No Expiration (or as Notified): Fitora Credits do not expire as long as you maintain an active account, unless otherwise stated for a particular promotion. Fitora reserves the right to expire or revoke credits after a long period of inactivity (e.g., no logins or use for 12 months) or if we suspect fraud or misuse, but we will notify you if your credits are at risk of expiration.
• Tax Implications: Fitora does not apply tax withholding or reporting on credits, since they are not paid out as income. However, depending on your jurisdiction, using credits might still be considered a form of bartered income or have other tax implications. It is your responsibility to consult with a tax advisor if you have questions about whether receiving credits in lieu of cash has any effect on your taxes. Fitora will not be liable for any tax obligations that arise from your choice to use credits.
• Refunds in Credits: Clients who receive refunds may be given the option to take the refund as Fitora Credits. By default, a refund for a canceled session or an approved dispute may be issued as credits to your account, which you can then use for other bookings. You may request the refund to be returned to your original payment method instead, but note that processing a monetary refund can take several business days (and in some cases, transaction fees may not be refundable by the payment provider). Taking the refund as credits is usually faster, allowing you to rebook another session or course immediately.

Contact Information

If you have any questions, concerns, or notices regarding these Terms or the Fitora Platform, please contact us at:

Fitora Support
Email: info@joinfitora.com
Address: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ (Attn: Legal)

Dispute Resolution Between Users

Despite everyone's best intentions, disagreements or issues can sometimes arise between Clients and Trainers. Fitora provides a dispute resolution mechanism to handle these situations fairly:

• Internal Resolution Process: If a Client is unsatisfied with a delivered service (for example, they feel a live session was not as advertised or a course is missing promised content), they should first attempt to resolve the issue by communicating with the Trainer through the Platform. Most issues can be resolved with clear communication – for instance, scheduling a follow-up session or clarifying course material. If direct communication does not resolve the problem, either party can escalate the issue to Fitora's support team.
• Submitting a Dispute: To formally dispute a completed session or purchase, the Client should contact Fitora customer support or use the Platform's Resolution Center (if available) within a reasonable time frame (for example, within 48 hours after a live session, or within 7 days of purchasing a course). In the dispute submission, the Client should clearly state the issue and the resolution they seek (e.g., refund, partial refund, or other solution). Trainers will be notified when a dispute is raised involving their service or content.
• Investigation: Fitora will investigate the dispute by reviewing Platform records (messages, session logs, course progress, etc.) and may reach out to both the Client and the Trainer for additional information or clarification. Both parties are expected to cooperate in good faith with the investigation.
• Resolution Decision: After evaluating the facts, Fitora will make a determination. Possible outcomes include: confirming that the service was delivered as agreed (no refund); determining that the Client's complaint has merit and issuing a full or partial refund/credit; requiring the Trainer to provide an additional session or correct the issue; or another resolution that Fitora deems appropriate. Fitora aims to be fair, but our priority is to uphold Platform standards and customer satisfaction. Trainers acknowledge that Fitora's decision may result in reversal of a payment (which could be clawed back from future earnings if already paid out) and agree to abide by the outcome. Clients acknowledge that if Fitora decides against a refund, this decision is final.
• Binding Resolution; No Chargebacks: By using Fitora, both Clients and Trainers agree that Fitora's dispute resolution decision is final and binding regarding the Platform's obligations (including whether a payment is released to a Trainer or refunded to a Client). Users agree not to pursue duplicate or additional recovery through other means for the same dispute without first exhausting Fitora's process. If a Client initiates a chargeback or payment reversal with their bank or credit card while a Fitora dispute is pending, Fitora reserves the right to suspend the user's account until the chargeback is resolved. We strongly encourage resolving issues through our Platform rather than outside payment disputes, to give both parties a fair chance to present their case.
• No Direct Liability: Fitora's role in dispute resolution is to facilitate an agreement or decision between the Client and Trainer. The dispute resolution process does not make Fitora a party to the underlying transaction; rather, we are applying these Terms to the situation. However, as part of using the Platform, Users accept that Fitora has the authority to make a final decision on disputes in order to uphold the integrity of the marketplace.
• Records: For quality assurance and legal purposes, Fitora will keep a record of disputes and their outcomes. Repeated disputes against a particular Trainer or by a particular Client may result in further review of those accounts for potential violation of these Terms or other policies.

User Conduct and Prohibited Uses

We strive to maintain a respectful, safe, and lawful environment on Fitora. By using the Platform, you agree to the following rules of conduct and acknowledge that breach of these rules may result in suspension or termination of your account:

• Honesty and Integrity: Provide true information in your profile and communications. Do not impersonate any person or entity, or falsify information. Trainers must accurately represent their skills and credentials; Clients must provide correct information about their goals or limitations when relevant to receiving training.
• No Fraudulent Activity: You may not use Fitora for any fraudulent or illegal purpose. This includes not engaging in credit card fraud, money laundering, or attempting to game the platform's payment system. You may not use stolen payment information to make purchases. Fitora reserves the right to report suspicious activity to the authorities.
• Respectful Communication: Harassment, hate speech, discrimination, or offensive conduct is strictly forbidden. This applies to written communications (profiles, messages, reviews) as well as behavior during live sessions. Treat others with respect regardless of race, religion, gender, sexual orientation, disability, or other status.
• No Inappropriate Content: You may not upload or transmit content that is obscene, pornographic (explicit sexual content not relevant to fitness), defamatory, or otherwise objectionable. Fitness content can of course depict exercise movements and human anatomy in a professional manner, but any content primarily intended to sexualize or harass is prohibited. Likewise, content promoting self-harm, eating disorders, steroids or illegal supplements, or dangerous exercises that could lead to serious injury is not allowed.
• Intellectual Property Respect: Do not share or post any content that violates someone else's intellectual property rights. This means you cannot upload courses or materials made by someone else without permission, and Clients cannot share a Trainer's content beyond personal use. If you believe someone on Fitora has infringed your intellectual property (e.g., copyright or trademark), please notify us (see Contact Information below) with details so we can investigate and remove infringing material in accordance with applicable law.
• No Spam or Unauthorized Advertising: The Platform's messaging features are for communication about Fitora services only. Do not send spam, unsolicited promotions, or advertisements for other products or services to other users. Similarly, do not use course content or session time to pitch unrelated products or businesses to Clients.
• Privacy and Data Protection: You may not misuse personal information accessed through Fitora. For example, Trainers should keep any client information (like health details or contact info) confidential and use it only for providing services to that client. Clients should similarly respect any personal information of Trainers. Do not data-scrape or harvest information from the Platform. If you become privy to personal data, you must handle it in accordance with privacy laws and solely for the intended purpose.
• Security and Technical Restrictions: Do not attempt to interfere with the operation of Fitora. This means no introducing viruses, worms, malware, or any code that could harm the Platform or users' devices. Do not attempt to hack, gain unauthorized access, or disrupt any accounts, systems, or servers associated with Fitora. Also, do not use bots or automated systems to access or use the Platform in a manner that sends more requests to our servers than a human could reasonably produce in the same time.
• No Circumvention of Fees: As mentioned, all payments for services found through Fitora must go through Fitora. You may not instruct or encourage other users to transact outside the Platform to avoid commissions. This includes sharing personal contact info (email, phone number, social media) for the purpose of moving the relationship off-platform for future sessions or sales. We may monitor communications for compliance with this rule.
• Multiple Accounts and Manipulation: You should not create multiple accounts to bypass restrictions or gain unfair advantages. For instance, a Trainer banned for misconduct cannot create a new account. Users also must not manipulate any feedback or review system – for example, Trainers should not post fake reviews or ask Clients to create multiple accounts to give positive ratings.
• Compliance with Laws: You are responsible for complying with all local, national, and international laws applicable to your use of Fitora. This includes fitness industry regulations, export controls, privacy laws, and more. You must not use Fitora or its content in violation of any sanctions or regulated country restrictions.

Fitora reserves the right to investigate any violations of the above rules and take appropriate action, which may include content removal, account suspension, termination, or even legal action if warranted.

Intellectual Property Rights

This section addresses ownership and permitted use of content on Fitora:

• Fitora Platform IP: The Fitora Platform itself (including our website design, text, graphics, logo, software code, and overall user experience) is the intellectual property of Fitora or its licensors. It is protected by copyright, trademark, and other laws. You must not copy, distribute, modify, or create derivative works from any part of the Fitora site or app that is not expressly made available for reuse. You may not use Fitora's name, logos, or branding without our prior written consent, except as necessary for permissible use of the Platform (for example, you may say "I offer training on Fitora" truthfully, but you can't misrepresent yourself as an agent or partner of Fitora without permission).
• User Content: All content that users (Trainers or Clients) upload or post on Fitora (such as course materials, profile pictures, descriptions, reviews, and messages) remains the property of the user who provided it, or their licensors. By providing content on the Platform, you give Fitora a non-exclusive, worldwide, royalty-free, sub-licensable license to use, copy, modify (for formatting or technical purposes, not to change meaning), distribute, and display that content as needed to operate the Platform. For example, we may display your course thumbnail and description on our marketplace, show your profile photo in search results, transmit your video content to streaming servers for students, or use excerpts in marketing to promote your offerings. This license lasts as long as needed to fulfill those purposes, even if you remove the content or terminate your account, because (for instance) we may still be hosting your course for existing purchasers as per these Terms.
• Third-Party Content: Sometimes Fitora may display content from third parties (e.g., a blog post, testimonial, or integrated service) or link to third-party sites. All third-party content is the property of its respective owners, and you must respect any terms that come with it. Fitora is not responsible for the accuracy or legality of third-party content. If you as a Trainer incorporate third-party content in your courses (for example, using music or images), you must have the rights to do so. Fitora might ask for proof of such rights if a question arises.
• Feedback: If you submit feedback, suggestions, or ideas to Fitora about improving the Platform or services, you acknowledge that this feedback is given voluntarily and may be used by Fitora without obligation or compensation to you. We appreciate feedback but note that we may implement ideas similar to yours already under consideration or development.
• DMCA and Infringement Claims: If you believe something on Fitora infringes your intellectual property (for example, a Trainer uploaded your copyrighted video without permission), you can send us a notice at info@joinfitora.com with details. Include identification of the work you claim is infringed, where on Fitora it is found, your contact information, and a statement that you have a good faith belief of infringement. Fitora will respond in accordance with applicable intellectual property laws (such as the Digital Millennium Copyright Act in the USA, if applicable), which may include removing or disabling access to the alleged infringing content and notifying the user who posted it. We have procedures to handle counter-notifications as well. Repeated infringement by a user will result in account termination.

Termination and Account Suspension

Fitora hopes that Trainers and Clients will enjoy long and productive use of the Platform, but we reserve the right to suspend or terminate access to Fitora for any user who violates these Terms or otherwise creates risk or legal exposure for us or other users.

• By Fitora: We may, at our sole discretion, suspend, terminate, or limit your account (including access to your earnings if you are a Trainer, subject to resolving any disputes) at any time, with or without notice, if we suspect or determine that: (a) you have breached any material term of these Terms or any other policy (such as the Privacy Policy or Refund Policy); (b) you are engaged in fraudulent or illegal activities; (c) your use of the Platform is harming or likely to harm other users, third parties, or Fitora's reputation; or (d) we need to do so to comply with a legal requirement or court order. In many cases of minor violations, we will issue a warning or try to resolve the issue with you before resorting to suspension or termination, but for serious violations we may act immediately.
• By You: You may terminate your own account at any time if you no longer wish to use Fitora. You can do this through your account settings (if available) or by contacting info@joinfitora.com with a request to delete your account. Account deletion will remove your profile from public view. However, as noted, if you were a Trainer, content you provided may remain accessible to Clients who paid for it, and Fitora may retain certain information for legal and accounting purposes (see Privacy Policy for details on data retention). If you are a Client, terminating your account will result in loss of access to any courses or session history unless you have made arrangements with us (account deletion is typically permanent). So if you simply want to stop using Fitora for a while, you might keep your account open.
• Effect of Termination: Upon account termination, whether by you or by us, your right to use the Platform ceases. However, the following will still apply: any licenses you granted to Fitora in content (to the extent needed for existing users' access), our rights to any fees owed, and all sections of these Terms that by their nature should survive termination (such as Intellectual Property, Disclaimers, Limitation of Liability, Dispute Resolution, and Governing Law) will remain in effect. If you had any pending transactions or bookings at the time of termination, we may cancel them. If we terminated your account due to serious violation, you may forfeit any remaining account balance or credits (as damages for the violation, or to refund Clients) – in such cases, we will act reasonably and according to these Terms and applicable laws.
• Appeals: If you believe your account was suspended or terminated in error, you may contact us to appeal the decision. We will review and, at our discretion, may reinstate the account if we find the suspension was not warranted. However, we are not obligated to provide multiple chances if violations occurred.
• Platform Changes: Fitora reserves the right to discontinue or modify any part of the Platform at any time (such as discontinuing a particular feature or changing how sessions are delivered). If such changes materially affect your usage, we will attempt to provide notice. We will not be liable to you for the effect of any such changes on your ability to use Fitora or earn income.

Disclaimers

Fitora strives to facilitate rewarding connections between Trainers and Clients, but we want to be clear about the limits of our liability and the nature of our service:

• "As Is" Service: Fitora is provided on an "as is" and "as available" basis. While we endeavor to maintain a secure, accessible Platform, we make no warranty that the Platform will be uninterrupted, error-free, or meet your specific expectations. For example, we cannot guarantee that you will always find a perfect Trainer for your needs or that every fitness program will yield specific results.
• No Warranty for Outcomes: Any fitness, health, or wellness information or guidance obtained through the Platform comes from independent Trainers, not from Fitora. Fitora makes no representations or warranties regarding any results you will achieve (such as weight loss, muscle gain, health improvement) from following a course or training session. Results will vary for each individual, and participation is at your own risk.
• Third-Party Services: Fitora relies on third-party providers for certain functions, like payment processing (Stripe, PayPal), video hosting, or communication tools. We make no guarantee and assume no liability for the performance of these third-party services. For instance, if a payment processor experiences downtime or if a video conferencing tool malfunctions during a session, we will work to help resolve the situation, but we are not liable for those external failures.
• Not Healthcare or Medical Services: Fitora and the Trainers on the Platform do not provide medical advice, diagnosis, or treatment. The Platform is for fitness training and educational content. Always seek a doctor's advice before starting any new fitness program, especially if you have any pre-existing conditions. Fitora disclaims any responsibility for any health problems or injuries that might result from training programs or events you learn about through the Platform (aside from any direct negligence on our part).
• No Employment Relationship: Using Fitora does not create any partnership, joint venture, employment, or franchise relationship between any users and Fitora. Trainers are not employees or agents of Fitora, and Clients are not direct customers of Fitora for the actual fitness services. Fitora is a facilitator, and thus we don't control or direct how Trainers perform their services beyond imposing certain platform rules for consistency and safety. Therefore, we do not guarantee the quality of any particular Trainer or session beyond our vetting processes and feedback mechanisms.
• User Verification: While Fitora may verify certain information about Trainers (such as identity or credentials) and may allow Clients to review Trainers, we cannot guarantee that every user is who they claim to be or that they will act in good faith. You should exercise common sense and caution when engaging with any service online. Report any suspicious behavior to Fitora.
• No Other Warranties: To the fullest extent permitted by law, Fitora disclaims all warranties, express or implied, in connection with the Platform and your use of it. This includes implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Fitora does not warrant that your use of the Platform will comply with local laws applicable to you (you must ensure your own compliance as needed).

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, Fitora's warranties are limited to the minimum extent permitted by applicable law.

Limitation of Liability

To the extent permitted by law, Fitora's liability to you is limited. This means:

• Types of Damages: Fitora will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of (or inability to access/use) the Platform; (b) any conduct or content of any user or third party on the Platform, including defamatory, offensive, or illegal conduct of other users; (c) any content obtained from the Platform (for example, if you rely on a training tip and it doesn't yield the result you wanted, or a file download that causes issues); or (d) unauthorized access, use, or alteration of your transmissions or content.
• Amount of Damages: In any case, Fitora's total liability to you for any claim arising out of or relating to the use of the Platform or these Terms is limited to the greater of: (1) the total amounts you paid to Fitora in the six months prior to the claim (for Clients, this would be net of the portion that went to Trainers; for Trainers, this could be the commissions you paid), or (2) USD $100 (or equivalent in local currency). This limitation applies whether the claim is based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
• Release of Claims: You agree not to hold Fitora responsible for any actions or inactions of other users. As a marketplace, Fitora facilitates agreements between Clients and Trainers, but does not guarantee the fulfillment of any obligations by either party. If a Trainer fails to deliver a session or a Client fails to attend or pay, any remedy will be pursuant to the Refund Policy and dispute process, and beyond that, any further dispute is between the Client and Trainer. However, by using Fitora, you release Fitora (and our officers, directors, employees, and agents) from claims, demands, and damages of every kind arising out of or in any way connected with such disputes.
• Exceptions: Nothing in these Terms limits or excludes our liability for gross negligence, intentional misconduct, or fraud, or for death or personal injury caused by our negligence, or any other liability which cannot be excluded or limited by law. However, to the extent that the law allows, we exclude or limit liabilities that are not mandatory.

Because some jurisdictions do not allow exclusion or limitation of certain damages, the above limitations may not apply to you fully. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Fitora and its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in any way connected with: (a) your use of the Platform or services obtained through the Platform; (b) your violation of these Terms or any other applicable policies; (c) your violation of any laws or regulations or the rights of any third party (for example, your infringement of someone's copyright by uploading content you didn't have rights to, or a claim by a third party due to an injury that occurred during a session you conducted as a Trainer); or (d) any misrepresentation made by you.

Fitora reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (meaning we may choose to handle it ourselves if we believe our interests are at stake, in which case you'll cooperate with us in the defense). This indemnity obligation will survive the termination of your relationship with Fitora and these Terms.

Governing Law and Jurisdiction

These Terms and any dispute arising from them or the use of the Platform will be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. If you reside outside of that jurisdiction, you agree that all claims may be adjudicated in the courts of competent jurisdiction in London, United Kingdom, and you consent to the personal jurisdiction of those courts.

If you are using Fitora for personal (consumer) use and mandatory laws in your country of residence provide for different rights or protections, nothing in these Terms overrides those rights. However, in any cases where it is permissible to choose the governing law, the laws of England and Wales will apply.

Arbitration: At our sole discretion, Fitora may require you to submit any dispute arising from these Terms or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of an established arbitration organization (e.g., the London Court of International Arbitration or similar). By using the Platform, you agree that Fitora may elect to resolve the dispute through arbitration to save time and expense. If arbitration is chosen, it will take place in English, and the seat of arbitration will be London, UK, unless otherwise required by law. Each party will bear its own costs, and the arbitrator's award will be confidential and final, with limited rights of appeal. (If arbitration is not elected by Fitora, you agree to submit to the courts as outlined above.)

Class Action Waiver: To the extent permitted by law, you and Fitora agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

(The arbitration clause and class action waiver may vary depending on jurisdiction and are provided here as a general example. Fitora will comply with applicable laws regarding dispute resolution – this section does not override any statutory rights to seek redress in certain courts or manners where required.)

Changes to these Terms

Fitora may modify or update these Terms of Service from time to time. If we make material changes, we will provide notice to users by email or by posting a prominent notice on the Platform (for example, on our homepage or within your account dashboard). The notice will include a summary of key changes and the date they take effect. It is your responsibility to review any such changes when notified.

If you continue to use Fitora after the updated Terms take effect, you are indicating your acceptance of the changes. If you do not agree to the revised Terms, you must stop using Fitora and may request account deletion. Any changes will not apply retroactively to events (e.g., disputes) that occurred before the new Terms were in place; such events will be governed by the Terms in effect at the time.

For clarity, we will always indicate at the top of the Terms the "Effective Date" of the latest revision. We encourage you to save a copy of these Terms for your records and to periodically check back for updates.

Contact Information

If you have any questions, concerns, or notices regarding these Terms or the Fitora Platform, please contact us at:

Fitora Support
Email: info@joinfitora.com
Address: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ (Attn: Legal)

Please note that communications regarding legal matters should be in writing. If you need to send a physical notice (such as a legal notice of claim or infringement notification), you may use the postal address above. We will respond to inquiries as promptly as possible.