Terms of Service - End User

1. Parties and Scope

These Terms of Service ("Terms") apply between you ("User", "you") and us in relation to our provision of online based training, nutrition, and/or coaching services (the "Services") to you.

Our Services are provided through the Coachway platform, which we are duly licensed to use. Coachway ApS is not a party to this agreement and any questions or claims you may have in relation to the Services must be directed to us, see contact details in order confirmation.

2. Account Creation & Access

To use our Services, you must create an account on the Coachway platform in accordance with our instructions.

Users under the age of 18 may only use the Services with the consent of a parent or legal guardian.

You are responsible for keeping your login credentials secure and must not allow anyone else to access your account.

3. Fees

The fees for our Services are specified in the order confirmation sent by e-mail to you. Fees are payable monthly in advance and will be debited to your credit card on the last business day of each month until the Services are terminated in accordance with these Terms of Service. Fees are subject to change with 1 month's prior written notice (e-mail sufficient).

Any questions or claims related to payments, refunds, chargebacks or similar must be raised with us irrespective of such payments are made through any payment solution at the Coachway platform.

4. Acceptable Use & Prohibited Conduct

By using our Services, you agree to use the Coachway platform only for lawful purposes and in accordance with our instructions. You must not:

• Upload or send content that is illegal, harmful, defamatory, or harassing;
• Attempt to access accounts or system data that do not belong to you;
• Use the platform to threaten, exploit, or harm others.

We reserve the right to suspend or terminate your account in case of misuse, unlawful activity, or security risk.

5. Privacy Policy

Your privacy is important to us. We process certain personal data on you in connection with our provision of the Services.

Our privacy notice explains the personal data we process, how we process it, and for what purposes.

We and Coachway may use AI-supported services, including third-party AI providers, to support our Services and operate the platform. Relevant information may be processed by these providers as described in our privacy notice.

6. Availability & Operation

The Services may occasionally be unavailable due to maintenance, updates, or unforeseen issues.

We do not guarantee uninterrupted or error-free operation of the Services and cannot be held liable for any loss or damage resulting from downtime or inaccessibility.

7. No Medical Advice

We do not provide any medical advice.

All advice you receive comes from your coach, and any reliance on such advice is at your own risk.

Using the platform or communicating with your coach through it does not create a doctor-patient, nutritionist-client, or trainer-client relationship with Coachway.

You acknowledge that participation in physical training and exercise involves inherent risks of injury. You confirm that you are physically fit and able to participate in the training programs and that you do so at your own risk. Coachway is not responsible for any injury or damage resulting from your performance of exercises or use of the platform, except to the extent required by mandatory law.

Any meal plans or nutritional guidance provided through the platform are of a general nature and are not intended as medical or therapeutic nutrition advice. If you have or suspect that you have a medical condition, including but not limited to diabetes, eating disorders, food allergies or intolerances, you should seek advice from a qualified healthcare professional before following any meal plan or nutritional guidance.

8. Limitation of Liability

To the fullest extent permitted by law:

• We are not responsible for any indirect, incidental, or consequential damages of any kind.
• Our total liability to you is limited to the amount you have paid to us during the last 12 months.

These limitations do not apply in cases of gross negligence or willful misconduct.

Any claim must be raised against the Service Provider, see contact details above. By accepting these Terms of Service, you expressly waive any right to make claims against Coachway ApS related to the Services and the payment for such Services. This waiver may be relied upon directly by Coachway ApS.

9. Warranties

The Services are provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, we make no representations or warranties of any kind, whether express or implied, regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, or non infringement.

We do not warrant that the Services will meet your expectations, achieve any specific results, be uninterrupted, timely, secure, or error free, or that defects will be corrected.

10. Termination & Access Removal

We may revoke your access to the Service and Coachway platform at any time (for example, when a coaching program ends or a subscription expires).

We may also suspend or terminate your account without notice if we suspect misuse, fraud, or unlawful activity.

Your right to terminate the Services is subject to any minimum commitment period agreed at the time of your acceptance of the relevant coaching program or course. The applicable minimum period, including any binding period and termination conditions, is specified in the order confirmation and/or in the e-mail correspondence with the coach who has offered the program to you. The agreement may not be terminated with effect prior to the expiry of such minimum period.

Unless otherwise expressly agreed in the order confirmation or applicable e-mail correspondence, the subscription is a continuing subscription which, following expiry of the applicable minimum period, will automatically renew for successive billing periods until terminated by you. Termination by you will take effect at the end of the relevant billing period following expiry of the applicable minimum period.

Upon termination of your account or access, you may lose the right to export or retain information from the platform. Please contact us regarding data export options.

11. Right of Withdrawal

As a consumer, you have a statutory right of withdrawal which allows you to withdraw from the agreement within the 14-day withdrawal period, provided that delivery of digital content has not yet commenced.

By accepting these Terms, you acknowledge and agree that the Services include digital content, such as workouts, training programs, and diet plans, which may be made available to you before the expiry of the 14-day withdrawal period. If you access the digital content before expiry of the 14-day withdrawal period, you expressly consent to the commencement of delivery and waive your statutory right of withdrawal from the time of such access.

Until you have accessed the digital content, you may exercise your statutory right of withdrawal. Any notice of withdrawal must be submitted in writing by e-mail to your coach and must be received before the digital content is accessed.

12. Intellectual Property Rights

All content made available through the Services, including but not limited to training programs, videos, texts, graphics, meal plans, methodologies, and other materials, is owned by us or our licensors and is protected by intellectual property laws.

You are granted a limited, non exclusive, non transferable, and revocable right to access and use the content solely for your personal, non commercial use in connection with the Services.

You must not copy, reproduce, distribute, modify, create derivative works from, share, resell, or otherwise exploit any content made available through the Services without our prior written consent.

13. User Content and Conduct

You are solely responsible for any content you submit, upload, transmit, or otherwise make available through the Services.

You represent and warrant that any such content is lawful, accurate, does not infringe third party rights, and complies with these Terms.

By submitting content through the Services, you grant us a non exclusive, royalty free right to host, store, display, and process such content solely for the purpose of providing and operating the Services.

We reserve the right to remove or restrict access to any content at our sole discretion.

14. Third Party Services and Links

The Services may contain links to third party websites, applications, products, or services that are not owned or controlled by us.

We do not endorse and are not responsible for the content, functionality, availability, or practices of any third party services. Access to and use of such third party services is at your own risk.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

16. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of Denmark. Any dispute arising out of or in connection with these Terms shall be resolved exclusively by the courts of Copenhagen, Denmark.

17. Changes to the Terms

We may update these Terms from time to time with 3 months' prior written notice (e-mail sufficient).

If you continue to use the Services after the effective date of changes to these Terms, you will be deemed to have accepted the revised Terms.