Termos - Trainify

TRAINIFY SOLUÇÕES EM TREINAMENTO ESPORTIVO LTDA
CNPJ: 54.804.788/0001-18
Headquarters: Rua Heitor Villa Lobos, nº 1068, ZIP 88.506-400, São Francisco Neighborhood, Lages/SC
Last Update: 08/15/2024
This unified document establishes the provisions on the Terms of Use and Privacy Policy of the TRAINIFY platform, aimed at the management and prescription of sports training for personal trainers. This document ensures compliance with the General Data Protection Law (LGPD), the Consumer Defense Code, the Internet Civil Framework, and the General Data Protection Regulation (GDPR), as well as other applicable national and international regulations.

OBJECT
1. Description of Services
  TRAINIFY offers services for the management and prescription of sports training for physical education professionals. The main features include:
  - Prescription and Monitoring of Training Programs: Creation and monitoring of personalized physical training plans, including complementary methodologies such as periodization, data-based training, and predictive performance analysis.
  - Client Management and Training Progress: Tools for managing clients, monitoring progress, and performance analysis.
  - Performance Analysis and Reports: Detailed reports on client progress, ensuring that data processing complies with privacy policies and applicable legislation.
2. Purchase and Sale of Products and Services
  The application offers plans and subscriptions with additional features. Details about the options and prices are displayed on the platform.

ACCEPTANCE OF TERMS
1. Acceptance
  By using TRAINIFY, the user agrees to the established terms. If they disagree with any point, they should stop using the service immediately. Notifications about changes to the terms will be made through push notifications on the app and via email. The previous version of the terms can be requested through the support chat.
2. Updates
  The Terms of Use may be modified. Updates will be communicated via the platform, and if necessary, the previous version can be requested through the support chat. Continued use after changes will be considered acceptance of the new terms. Users should regularly check the document.

NAVIGATION
1. Availability and Access
  Access to the platform is continuous, but may be interrupted for emergency maintenance at any time. Scheduled maintenance will be announced in advance. TRAINIFY reserves the right to make improvements and adjustments to ensure proper operation.
2. Responsibility for Access
  The user must ensure the use of secure devices and connections. The user is responsible for following the following security recommendations:
  - Device Protection: Use antivirus software and keep the operating system up to date.
  - Network Security: Avoid using public Wi-Fi networks to access the platform.
  - Password Maintenance: Use complex and unique passwords for each service.

PLATFORM MANAGEMENT
1. Suspension and Limitation of Access
  The platform may be temporarily suspended or limited for necessary maintenance and improvements.
2. Content Removal
  Content that violates laws or interferes with the platform's operation may be removed without prior notice. Content removal is carried out in accordance with internal policies and applicable regulations, with notification to the affected user for a brief explanation of the reason. Additional details may be obtained upon specific request.

USER REGISTRATION AND PROFILES
1. Registration of the Physical Education Professional
  Registration is exclusive to qualified physical education professionals. To register, the professional must provide the following information:
  - Personal Data: Full name, email, phone number, and address.
  - Professional Credentials: Information about academic background and certifications.
  - Access Data: Create a secure username and password.
  After registration, the professional will be able to:
  - Register Students: Add their students to the system, so they have access to their own application.
  - Manage Training: Create and customize training plans for their students.
  - Monitor Progress: Track the progress of students, including performance and evolution data.
2. Student Registration
  Students are registered by physical education professionals. For this registration, the professional must provide, with the student’s consent:
  - Personal Data of the Student: Full name, email, phone number, and address.
  - Health and Physical Condition Data: Weight, height, body type, and body measurements as necessary to customize training.
  Students will have access to a dedicated app with the following features:
  - Access to Personalized Training: View training plans developed by the professional.
  - Evolution Data: Monitor and review their progress and performance data.
  - Additional Features: Access to additional resources as per the plan acquired, training needs, and new feature implementations.
3. Training Management, Planning, and Prescription Features
  To optimize training management and prescription, TRAINIFY offers:
  - Training Planning: Tools for designing detailed training plans, including exercises, repetitions, sets, and rest periods.
  - Session Scheduling: Functionality to schedule training sessions and track them according to the schedule.
  - Customized Reports: Generation of personalized reports on students’ progress and training performance.
  - Feedback and Adjustments: Tools to provide real-time feedback and adjust training as needed.
  - Goal Management: Setting and tracking individual goals for each student, facilitating training plan personalization.
  - Trend Analysis: Analysis of trends and performance patterns to optimize training and improve results.
4. Security and Responsibility
  For both professionals and students, the security of access credentials is the responsibility of the user. It is essential to:
  - Credential Protection: Do not share login information and use strong passwords.
  - Report Suspicious Activity: Immediately notify support in case of suspicious activities or security issues.
5. Inactivity and Account Deletion Policies
  The inactivity deletion policy applies only to physical education professionals. Accounts that have been inactive (where payment has not been verified, except in the trial version) for more than 18 months will be deleted after prior notification, with all data destroyed, making recovery of the account impossible. A new account must be created if there is interest in reuse. For students, the account will remain active as long as the professional keeps the student’s account active.
6. Account Cancellation
  Professionals and students can request the cancellation of their accounts at any time. After the cancellation request, any access to the account by the professional will reactivate it and result in charges, without the need to use any platform functionality for this reactivation.

RESPONSIBILITIES
1. Editor’s Responsibility
  TRAINIFY is not responsible for technical problems on the user’s device or connection failures.
2. User’s Responsibility
  The user must use the platform in accordance with laws and regulations applicable to their professional practice and ensure that the data provided is correct and up to date.

EXTERNAL LINKS
1. TRAINIFY is not responsible for the content of external websites accessed through links provided on the platform.

COPYRIGHT
1. Intellectual Property
  All content on the platform is the exclusive property of TRAINIFY, and any reproduction without authorization is prohibited.

OFFERS AND PRODUCTS
1. Description and Availability
  Products and services are described accurately but are subject to change without prior notice.

PRICES
1. Price Modifications
  Prices may change at any time. The applicable rates are those in effect at the date of purchase.

PAYMENT
1. Payment Methods
  Payments are made via credit card and other payment methods available and detailed on the platform. Charges may be recurring depending on the chosen plan.

DELIVERY
1. Immediate Availability
  After payment confirmation, the subscription is immediately activated, providing uninterrupted access according to the selected plan.
RIGHT OF WITHDRAWAL
1. Time Frame and Procedure
  The user may request a refund within 7 days after the service contract.
EXCHANGES AND RETURNS
1. Exchange and Return Policy
  TRAINIFY accepts returns in case of discrepancies with the product descriptions.

USER SUPPORT SERVICE
1. Contact and Support Hours
  Support is available via email and phone during business hours, Monday to Friday, from 9:00 AM to 6:00 PM, Brasília official time. Details can be found on the platform.

SANCTIONS
1. Penalties
  TRAINIFY may suspend or cancel accounts for violations of the terms or fraudulent practices.

CHANGES
1. Modifications to the Terms
  The terms may be changed. Users will be notified in case of significant changes.

APPLICABLE LAW AND JURISDICTION
1. Legislation and Jurisdiction
  This document follows Brazilian legislation. For the resolution of legal matters, the court of Lages/SC is adopted.

DELETION OF INACTIVE ACCOUNTS
1. Inactivity Policy
  Inactive accounts (those without verified payment, except in the trial version) for more than 18 months will be deleted after prior notification. This policy applies only to physical education professionals, not to students.

PRIVACY AND DATA PROTECTION POLICY

INTRODUCTION
1. Commitment to Privacy
  TRAINIFY is committed to protecting users' privacy in compliance with the applicable legislation.
DATA COLLECTION
1. Data Collected The following types of data may be collected:
  - Personal Data: Name, email, phone number, address.
  - Health and Physical Condition Data: Weight, height, body type, body measurements.
  - Usage Data: Information on access and navigation.
  - Payment Data: Information for financial transactions.
  - Additional Data: Any other requested data may be collected and used for the described purposes.
2. Method of Collection
  Data is collected during registration and use of the application.
DATA USAGE
1. Purposes of Processing
  Data is used for:
  - Service Provision: Customization and management of training plans.
  - Communication: Sending relevant notifications and updates.
  - Security: Ensuring the security and integrity of the platform.
  Principles of Data Processing
  In compliance with Article 6 of the General Data Protection Law, and in accordance with other applicable regulations, the principles of good faith, purpose, adequacy, necessity, free access, data quality, transparency, security, prevention, non-discrimination, accountability, and responsibility are adopted for data processing activities.
DATA SHARING
1. Third-Party Sharing
  Data may be shared with partners under confidentiality agreements and strictly to fulfill the described purposes.
  Legal Requirements
  Data may be disclosed to comply with legal obligations or to respond to requests from competent authorities.
DATA SECURITY
1. Security Measures
  TRAINIFY adopts technical and organizational measures to protect data from unauthorized access, alteration, disclosure, or destruction.
2. User Responsibility
  The user must maintain the security of their access credentials and report any suspicious activity immediately.
3. Data Breach Notification
  In the event of a data breach, TRAINIFY will notify affected users and the relevant authorities as required by law.
DATA SUBJECTS' RIGHTS
1. Confirmation, Access, Correction, and Deletion
  Data subjects have the right to confirm the existence of data processing, access, correct, or delete their personal data. They may also request information on the possibility of withholding consent, the consequences of doing so, and the public and private entities with whom data has been shared. Requests can be made through customer service channels.
2. Alteration of Processing
  Data subjects have the right to request the anonymization, blocking, and deletion of unnecessary or excessive data or data processed in violation of the law. They may also request the portability of their data to another provider.
3. Withdrawal of Consent
  Consent for data processing may be withdrawn at any time without affecting the lawfulness of prior processing based on consent.
COOKIES AND SIMILAR TECHNOLOGIES
1. Use of Cookies
  The platform uses cookies to enhance the user experience, remember preferences, and analyze service usage.
2. Managing Cookies
  Users can adjust cookie settings in their browsers according to their preferences.
CHANGES TO THE PRIVACY POLICY
1. Updates
  Any changes to the privacy policy will be communicated through the platform or via email.
CONTACT
1. Questions and Requests
  For more information on the terms of use and privacy policy, contact us via email at contato@trainifyapp.com.br or by phone, during the support hours mentioned in item 15.1.

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