Last updated: 2020-08-01
1. Welcome to Trion
1.1 Trion operates a platform that suggests workouts and exercises tailored to users’ exercise ability and goals, and provides guidance and instructional videos for completing exercises, as well as general tips for healthy eating, which we make available through the Trion application available for download on your mobile device (the “Trion App”) and our website at www.trion.app (the “Trion Service”).
1.2 The Trion Service is provided by Personal Trainer Nordic Online AB (“Trion”, “we”, “our”, or “us”).
2. Using the Trion Service in your health regime
2.1 Most of the content provided to you through the Trion Service is generated automatically by our workout generator software in response to your responses to specific questions. It is customised to you based on your answers to those questions and, over time, will further adapt to you based on your use of the Trion Service.
2.2 The content provided to you through the Trion Service is not, however, manually tailored to you personally. Any extra sessions added by you through the “Add Session” functionality on the Trion Service may also suggest variations that may be more suitable to your goals and ability, but will not be customised for you.
2.3 The content provided through the Trion Service may therefore not be appropriate to your specific circumstances. In particular, you should seek advice from a doctor before doing any of the exercises or following any nutritional guidance provided through the Trion Service if you have a medical condition or injury that might be impaired or aggravated by exercise or if you have any specific nutritional requirements or allergies.
2.4 If at any time during your workout you do not feel well, you should stop immediately and, if required, seek medical advice from a medical professional.
2.5 The Trion Service offers guidance on completing certain exercises safely and effectively. However, you are responsible for ensuring that you do the exercises in accordance with the guidance we provide to you, and for otherwise ensuring that you do any exercises safely. We will not be responsible for any injuries that you cause to yourself or others if you fail to follow the guidance provided on the Trion Service or otherwise act negligently when doing the exercises in the workout plan provided to you by Trion.
3. Your relationship with us
3.1 This document and any documents referred to within it (collectively, the “Terms and Conditions”) set out the terms of your relationship with us. It is important that you read and understand these Terms and Conditions before using the Trion Service.
3.2 By accessing and using the Trion Service, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access or use the Trion Service.
4. Information about us
4.1 Personal Trainer Nordic Online AB is a company registered in Sweden, with its registered address at c/o Liljefors, Grundtvigsgatan 39, 168 48 Bromma.
5. Information about you
5.2 Please note that the Trion Service provides you with exercise plans and tips which is based on the information you submit to us. In order to get the most out of the Trion Service, you should ensure that (and you are responsible for ensuring that) any information you provide to us is accurate.
6. The Trion Service and your fitness goals
6.1 The Trion Service allows you to tailor exercise plans to your goals and ability, and to access and view instructional text and videos to assist you with completing the relevant exercises, as well as content relating to healthy eating and diet plans.
6.2 People respond differently to exercise, and so we are unable to guarantee that you will see any change in your health, fitness, strength, ability, size or weight as a result of doing the exercises suggested to you through the Trion Service. We will not be responsible to you if you do not achieve your exercise or fitness goals through using the Trion Service.
6.3 We may, from time to time, provide social features on the Trion Service, which enable you to message and share information about your use of the Trion Service with other users and upload video suggestions for new exercises. Any use of these social features should comply with our Rules of Acceptable Use below.
7. Setting up your account
7.1 To access the Trion Service, you must download the Trion App on your device and set up an account using your email address (your “Account”). You will need to create a password for your Account – we encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
7.2 You must be 18 years or older and capable in your country of residence of entering into a legally binding agreement to use the Trion Service.
7.3 You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at firstname.lastname@example.org straight away to let us know.
8. Your right to use the Trion Service
8.1 The materials and content comprising the Trion Service belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Trion Service in accordance with these Terms and Conditions.
8.2 Your right to use the Trion Service is personal to you and you are not allowed to give this right to any other person. Your right to use the Trion Service does not stop us from giving other people the right to use the Trion Service.
8.3 Unless allowed by these Terms and Conditions or as permitted by the functionality of the Trion Service, you agree:
(a) not to copy, or attempt to copy the Trion App or any other portion of the Trion Service;
(b) not to give or sell or otherwise make available the Trion App or any other portion of the Trion Service to anybody else;
(c) not to change, or attempt to change the Trion App or any other portion of the Trion Service in any way;
(d) not to look for or access the code of the Trion App or any other portion of the Trion Service that we have not expressly published publicly for general use.
8.4 You agree that all confidential information, copyright and other intellectual property rights in the Trion App or any other portion of the Trion Service belong to us or the people who have licenced those rights to us.
8.5 You agree that you have no rights in or to the Trion App or any other portion of the Trion Service other than the right to use and access them in accordance with these Terms and Conditions.
9. Free Trial
9.1 We offer a free trial of the Trion Service for 14 days after you have downloaded the Trion App, created your Account, selected the length of and agreed to start your initial subscription (the “Trial Period”).
9.2 During the Trial Period, we will not charge you any fees for using the Trion Service. On the day after the Trial Period ends, we will charge you the Fee for the next Subscription Period (each as described in paragraph 10 below), unless you indicate to us that you do not wish to continue using the Trion Service after the end of the Trial Period. You can do this through your Apple App Store account or other Distribution Platform account, by updating the appropriate settings on your device, Apple App Store account or other Distribution Platform account.
10. Fees and payment
10.1 After the end of the Trial Period, we will charge you a regular fee in advance for using the Trion Service, as provided to you when you create an Account and subscribe for the Trion Service (the “Fee”).
10.2 When you create your Account, you will need to select the length of your initial subscription (the “Subscription Period”). You authorise us to charge the applicable Fee for the selected Subscription Period to the Apple App Store account or other Distribution Platform account linked to your device. You confirm that you have the right to use the relevant account to make purchases on your device.
10.3 Once your initial Subscription Period expires, your subscription will automatically renew for a further Subscription Period and we will charge you the applicable Fee for that Subscription Period. If you do not want to renew your subscription, you will need to tell us at least 24 hours before the next Subscription Period begins through the appropriate settings on your device, Apple App Store account or other Distribution Platform account.
11. Apple App Store Provisions
11.1 This paragraph 11 applies where the Trion App has been downloaded from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Trion, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Trion App or content thereof. Your use of the Trion App must comply with the App Store Terms of Service.
11.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Trion App. In the event of any failure of the Trion App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Trion App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Trion App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions and any law applicable to Trion as provider of the Trion App.
11.3 You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Trion App or your possession and/or use of the Trion App, including, but not limited to: (i) product liability claims; (ii) any claim that the Trion App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and Conditions and any law applicable to Trion as provider of the software.
11.4 You acknowledge that, in the event of any third party claim that the Trion App or your possession and use of that Trion App infringes that third party’s intellectual property rights, Trion, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.
11.5 You represent and warrant that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11.6 You and Trion acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Conditions as relates to your licence of the Trion App, and that, upon your acceptance of the terms and conditions of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as relates to your licence of the Trion App against you as a third-party beneficiary thereof.
12. Other App Marketplaces and Platforms
12.1 This paragraph 12 applies where the Trion App has been downloaded from any app store or distribution platform other than the Apple App Store, including the Google Play Store (the “Distribution Platform “):
(a) you acknowledge that these Terms and Conditions are between you and Trion, and not with the provider of the Distribution Platform (“Store Provider”);
(b) your use of the Trion App must comply with the Store Provider’s then-current Distribution Platform Terms of Service;
(c) the Store Provider is only a provider of the Distribution Platform where you obtained the Trion App;
(d) Trion, and not the Store Provider, is solely responsible for the Trion App;
(e) the Store Provider has no obligation or liability to you with respect to the Trion App or these Terms and Conditions; and
(f) you acknowledge and agree that the Store Provider is a third-party beneficiary to these Terms and Conditions as it relates to the Trion App.
13. Your content
13.1 You confirm that any images, text or information that you upload to the Trion Service (your “User Content”) will meet the Rules of Acceptable Use.
13.2 We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the Trion Service (including allowing users that you give access to any User Content to view and use your User Content).
13.3 You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content.
13.5 We have the right to monitor any User Content and to reject, refuse or delete any User Content where we think that it breaks any of the Rules of Acceptable Use.
14. Rules of Acceptable Use
14.1 In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of the Trion Service (the “Rules of Acceptable Use”).
14.2 When using the Trion Service you must not:
(a) circumvent, disable or otherwise interfere with any security related features of the Trion Service;
(b) give any false or misleading information, impersonate any person or permit any other person to use the Trion Service under your name or on your behalf unless such person is authorised by you;
(c) use the Trion Service if we have suspended or banned you from using it;
(d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
(e) modify, interfere, intercept, disrupt or hack the Trion Service;
(f) misuse the Trion Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of the Trion Service or any user of the Trion Service’s own equipment;
(g) collect any data from the Trion Service other than in accordance with these Terms and Conditions;
(h) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
(i) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
(j) use any User Content in violation of any licensing terms specified by the owner;
(k) submit or contribute any information or commentary about another person without that person’s permission;
(l) threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or
(m) use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the Trion Service in a manner that send more request messages to the Trion Service than a human can reasonably produce in the same period of time.
14.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice):
(a) immediate, temporary or permanent withdrawal of your right to use the Trion App or any other portion of the Trion Service;
(b) immediate, temporary or permanent removal of any User Content;
(c) issuing of a warning to you;
(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
14.4 The responses described in paragraph 14.3 are not limited, and we may take any other action we reasonably deem appropriate.
15. Notice and takedown policy
15.1 Any person may contact us by sending us a notice (an “Infringement Notice”) if any content available through the Trion Service infringes their rights. The Infringement Notice should be sent by email to email@example.com. Please provide the following information in the Infringement Notice:
(a) your name and contact details;
(b) a statement explaining in sufficient detail why you consider that the content available through the Trion Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
(c) a link to or such other means of identifying the problematic content.
15.2 We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
16. Ending our relationship
16.1 If at any time you do not feel that you can agree to these Terms and Conditions or any changes made to these Terms and Conditions or the Trion Service, you must immediately stop using the Trion Service.
16.2 Deleting the Trion App might not close any Account you have created in relation to the Trion Service. You must notify us if you wish to close your Account, and we will end your use of the Trion Service and close your Account at the end of the Subscription Period in which you notify us that you would like to close your Account and stop using the Trion Service, provided that you tell us at 24 hours before the then current Subscription Period expires. You can do this through the appropriate settings on your device, Apple App Store account or other Distribution Platform account.
16.3 We may immediately end your use of the Trion Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Trion Service including these Terms and Conditions. Please note that we will not refund you any Fees that you have already paid in respect of the Subscription Period in which we end your use of the Trion Service in this way.
16.4 We may also withdraw any part of the Trion Service as long as we give you reasonable notice that we plan to do this.
16.5 If you or we end your use of the Trion Service or we withdraw Trion Service as described in this section, we may delete your User Content, any other information that you have uploaded to the Trion Service or any other information we hold about you. You will also lose any rights you have to use the Trion Service or to access our content or your User Content. You should therefore ensure that you keep a copy of any information or content you use on the Trion Service, as well as your User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use the Trion Service or any such information, content or User Content.
16.6 The termination of your use of the Trion Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us.
16.7 Nothing in this paragraph 16 affects any legal rights you may have under the law of the country in which you are resident.
17. Our liability/responsibility to you
17.1 While we will do our best to ensure that the Trion App itself is of a reasonable standard and quality and matches any descriptions we have provided you, the Trion App and any other portion of the Trion Service may contain some content owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for it in any way.
17.2 In addition, due to the nature of the Internet and technology, the Trion Service is unfortunately provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Trion Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Trion Service in these Terms and Conditions and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
17.3 In the event of a claim arising out of the provision of the Trion Service, our responsibility to you will never be more than the amount you have paid us in the 12 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.
17.4 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
17.5 The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence.
18. Resolving disputes
18.1 If you have a dispute with us relating to the Trion Service, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally.
18.2 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.
19. Changes to the Trion Service
19.1 We are constantly updating and improving the Trion Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Trion Service.
19.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Trion Service, or feature relating to the Trion Service (“changes to the Trion Service”). These changes to the Trion Service may affect your past activities on the Trion Service, features that you use, your User Content and any other information you submit to the Trion Service (“Service Elements”). Any changes to the Trion Service could involve your Service Elements being deleted or reset.
19.3 You agree that a key characteristic of the Trion Service is that changes to the Trion Service will take place over time and this is an important basis on which we grant you access to the Trion Service. Once we have made changes to any part of the Trion Service, your continued use of the Trion Service will show that you have accepted any changes to the Trion Service. You are always free to stop using the Trion Service.
20. Changes to the documents
20.1 We may revise these Terms and Conditions from time to time but the most current version will always be at https://www.trion.app/terms-and-conditions/ or in the relevant section of the Trion App.
20.2 Changes will usually occur because of new features being added to the Trion Service, changes in the law or where we need to clarify our position on something.
20.3 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
21. Documents that apply to our relationship with you
21.1 The current version of these Terms and Conditions contains the only terms and conditions that apply to our relationship with you.
21.2 We intend to rely on these Terms and Conditions as setting out the written terms of our agreement with you for the provision of the Trion Service. If part of these Terms and Conditions cannot be enforced then the remainder of these Terms and Conditions will still apply to our relationship.
21.3 If you do not comply with these Terms and Conditions and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
22.1 English law will apply to all disputes and the interpretation of these Terms and Conditions. If we need to apply to court to enforce any part of these Terms and Conditions against you or resolve any other dispute between us arising from or related to your use of the Trion Service, we will initially seek to apply to the English courts. This does not affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your use of the Trion Service heard in the courts of that country.
23. Contact, feedback and complaints
23.1 If you need to contact us in relation to these Terms and Conditions or any other document mentioned in them, please email us at email@example.com.
23.2 We value hearing from our users, and are always interested in learning about ways we can improve the Trion Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.