Terms of Service

Welcome to STRENUO! These Terms of Service ("Terms") govern your use of the STRENUO website and mobile application (the "Platform") operated by TRAIN HARD STAY HUMBLE GmbH ("we," "us," or "our").

By downloading, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Eligibility

You must be at least 16 years old to use STRENUO. By using the Platform, you represent that you meet this age requirement.

2. Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate and complete information during registration.
• Keep your login credentials confidential.
• Notify us immediately of any unauthorized use of your account.
• Be responsible for all activity under your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

3. License to Use the Platform

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Platform for personal or professional use in connection with fitness coaching, training, and client management activities.

You may not:

• Copy, modify, or distribute the Platform or its content.
• Reverse engineer, decompile, or attempt to extract the source code.
• Remove any copyright, trademark, or proprietary notices.

4. User Content

4.1 Your Content

You retain ownership of any content you submit, upload, or display through the Platform ("User Content"), including photos, workout logs, and messages.

By submitting User Content, you grant us a worldwide, royalty-free, non-exclusive license to store, process and display your User Content solely to the extent necessary to provide the Platform to you and your coach. The license ends when the content or your account is deleted, subject to statutory retention obligations.

Your content is not used to train AI models, neither by us nor by the providers we use, and not for advertising. If your coach has enabled the AI features, insights derived from your content (e.g. trends, preferences, summaries) may be stored together with a technical representation (embedding) in our database in Switzerland, solely to personalise responses and suggestions for you and your coach. These insights are part of your data and are deleted with it.

4.2 Content Guidelines

You agree not to submit User Content that:

• Is illegal, harmful, threatening, abusive, or harassing.
• Infringes on the intellectual property rights of others.
• Contains viruses, malware, or harmful code.
• Is false, misleading, or deceptive.
• Violates any applicable law or regulation.
• Interferes with or disrupts the Platform or its systems.

We reserve the right to remove any User Content that violates these guidelines.

5. Coach-Client Relationships

If you use STRENUO as a client with a coach, or as a coach with clients:

For Clients: Your coach will have access to your workout data, check-ins, progress photos, and messages. Your coach processes your health data on the basis of your separate, explicit consent, which you can withdraw at any time in the settings.

For Coaches: You are responsible for your own coaching practices. STRENUO is a tool for organization and communication; we are not responsible for the coaching services you provide.

Important: TRAIN HARD STAY HUMBLE GmbH does not provide coaching, medical, or nutritional advice. All coaching services are provided directly by your Coach.

TRAIN HARD STAY HUMBLE GmbH is not a party to any agreement between a Coach and a client and does not supervise, monitor, or guarantee the quality, safety, legality, or outcomes of coaching services.

6. Independent Coaches

Coaches are independent users of the Platform and are not employees, agents, partners, or representatives of TRAIN HARD STAY HUMBLE GmbH.

7. Payments and Subscriptions

Some features of the Platform may be offered for a fee. Payment arrangements may vary depending on your Coach and may include third-party payment providers, manual invoicing, or app store subscriptions.

TRAIN HARD STAY HUMBLE GmbH does not process payments on behalf of Coaches and does not control or store payment information.

Any payments, invoices, refunds, or billing disputes are handled between you, your Coach, and/or the applicable payment provider and are subject to their respective terms and policies.

8. Platform subscription for coaches

This section applies only to coaches who subscribe to the STRENUO platform. It does not govern the relationship between a coach and their clients.

Pricing model: The subscription is billed per active client per month, in graduated tiers. There is no base fee. Billing is based on the highest number of active clients within the billing period, and on a minimum of one client. Optional packages are billed in addition as a flat monthly amount.

Trial: New subscriptions begin with a free 14-day trial. A payment method is required at sign-up. Cancelling during the trial incurs no cost.

Monthly term: On monthly billing you may cancel at any time with effect from the end of the current billing period. No further amounts become due.

Annual commitment: If you choose the annual commitment, reduced monthly prices apply: twelve months are billed for the price of ten, i.e. the annual price per client is five sixths of the monthly price (rounded to 5 rappen). Billing remains monthly. The commitment runs for twelve months from the start of the subscription and does not renew automatically.

Ending an annual commitment early: If an annual commitment is ended before the twelve months have elapsed, the final invoice carries two items:

1. Recovery of the annual discount: one fifth of the amounts paid under this subscription up to that point. This equals exactly the difference between the reduced annual prices and the regular monthly prices for the months used, and nothing more. 2. Early-termination fee: an amount equal to one average paid monthly invoice of this subscription.

Example: you have paid four monthly invoices of CHF 200 each (CHF 800 in total). The recovery is CHF 160 (one fifth of 800) and the fee is CHF 200 (one average monthly invoice), CHF 360 in total.

Neither item applies if you cancel during the trial or before the first paid invoice, or once the twelve months have elapsed. Amounts are rounded down in your favour.

Alternatively, the cancellation can be scheduled for the end of the annual commitment. In that case the subscription continues at the agreed monthly amounts until the end of the twelve months and no additional cost arises. Both options are shown in the cancellation dialog with the specific amounts and must be expressly confirmed.

Business use and right of withdrawal: The subscription is intended for coaches who use STRENUO in the course of their professional or commercial activity. If you exceptionally subscribe as a consumer resident in the EU, you have a right of withdrawal: you may withdraw from the subscription agreement within 14 days of its conclusion without giving reasons, by cancelling in the Platform or by e-mail to aroldo@thsh.fit (an unambiguous statement is sufficient; the deadline is met if you send it before it expires). Because the first 14 days are free, a withdrawal within that period costs nothing. If, by continuing after the trial, you expressly request performance before the withdrawal period expires, you owe the amount attributable to the service provided up to a later withdrawal. Refunds are made via the original payment method within 14 days.

Discounts: Time-limited promotional discounts (for example for the beta phase) apply for the duration of the promotion and are ended with reasonable prior notice. Individually granted permanent discounts are unaffected.

VAT: All displayed prices are inclusive of any applicable VAT. For coaches established outside Switzerland, billing is carried out by Stripe as merchant of record, which calculates and remits the VAT due.

Late payment: If a payment fails, access is first restricted and, after a further period, suspended. Data is retained throughout.

9. Health Disclaimer

STRENUO is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or health condition.

The Platform provides tools for tracking fitness, nutrition, and wellness. The information provided is for general informational purposes only and is not a substitute for professional medical advice.

• Always consult a qualified healthcare provider before starting any exercise or nutrition program.
• If you experience any pain, discomfort, or adverse symptoms, stop exercising and seek medical attention.
• We are not responsible for any injuries, health issues, or damages resulting from your use of the Platform.

We do not guarantee any specific fitness, health, or performance outcomes from the use of the Platform or coaching services.

10. Limitation of Liability

The Platform is provided in its current state of development. We do not warrant that it will be uninterrupted, error-free or available at all times, and we give no warranty that it is fit for any particular purpose.

We are liable without limitation for damage caused by our intent or gross negligence, for personal injury (injury to life, body or health), and in all cases where a limitation of liability is not permitted by law (in particular Art. 100 of the Swiss Code of Obligations, product liability law and mandatory data protection claims).

Otherwise, our liability for slight negligence is excluded to the extent permitted by law. Where it cannot be excluded, it is limited per damaging event to the higher of the following amounts: the amounts you paid to us in the 12 months preceding the damaging event, or CHF 100. Within that scope, indirect and consequential damages are excluded, in particular lost profit and loss of data to the extent it could have been avoided by reasonable backups.

We are not liable for the actions, omissions or services of Coaches, nor for any disputes between Coaches and clients.

Some jurisdictions do not allow certain limitations of liability; in that case the above limitations apply only to the extent permitted under the law applicable to you. ## 11. Indemnification

You agree to indemnify and hold harmless TRAIN HARD STAY HUMBLE GmbH and its affiliates, officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Platform.
• Your violation of these Terms.
• Your violation of any rights of a third party.
• Your User Content.

12. Termination and Suspension

By you: You may end your account at any time. For coaches with a subscription, the notice periods in section 8 apply in addition.

By us without cause: We may terminate the agreement with 30 days' notice. Coaches within an annual commitment owe no early-termination fee in that case, and any amounts prepaid for the period after termination are refunded.

By us for cause: If you breach these Terms, we will ask you to remedy the breach and give you at least 7 days to do so. If the breach persists, we may terminate without further notice. We may terminate immediately, without a cure period, for serious breaches, in particular unlawful content, attacks on the Platform or other users, misuse of other people's data, or where continuing the agreement is legally unreasonable for us. For payment default, section 8 applies.

Temporary suspension: To protect the Platform, other users, or to comply with legal obligations, we may temporarily suspend access. We will inform you as soon as possible of the reason and expected duration and lift the suspension once the reason no longer applies.

After termination:

- Your right to use the Platform ends. - Your data remains available for export for 30 days after termination (the "Export data" feature, or on request by e-mail). It is then deleted in accordance with the Privacy Policy unless a statutory retention obligation applies. - Provisions that by their nature survive termination (in particular limitation of liability, indemnification, governing law) remain in force. ## 13. Changes to these Terms

We may update these Terms, in particular for new features, changed legal requirements or changes to our offering.

Material changes, meaning changes that affect your rights or obligations more than insignificantly, are shown to you within the Platform on your next use and apply to you only once you have expressly accepted them there. If you do not wish to accept them, you may end your account; coaches within an annual commitment may terminate in that case without the early-termination fee. The version in force until then continues to govern the wind-down.

Non-material changes (e.g. editorial clarifications or adjustments that are not to your detriment) take effect on publication within the Platform. The current version and its date are visible in the Platform. ## 14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Switzerland, with exclusive jurisdiction in Basel, Switzerland.

Any disputes arising from these Terms or your use of the Platform shall be resolved in the courts of Basel, Switzerland.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement and Language

These Terms, together with the Privacy Policy, the Consent to the Processing of Health Data and, for coaches, the data processing agreement, constitute the entire agreement between you and TRAIN HARD STAY HUMBLE GmbH regarding the use of the Platform.

The Platform's legal documents are concluded in German. Translations into other languages are provided for convenience; in the event of any discrepancy, the German version prevails.

17. Contact Us

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

TRAIN HARD STAY HUMBLE GmbH Email: aroldo@thsh.fit Address: Tangentenweg 11, 4058 Basel, Switzerland

These Terms of Service are provided in English. While we strive to ensure clarity for all users, you are responsible for obtaining translations if needed.