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Terms of service

Updated over a week ago

These Terms of Service ("Terms") govern your access to and use of the Pod1um website, mobile applications, and services (collectively, the "Service") provided by Pod1um Ltd. ("Pod1um," "we," "us," or "our"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

1. DEFINITIONS

  • "User" means any person who accesses or uses the Service, including Clients and Coaches.

  • "Client" means a User who accesses the Service to find, purchase, or engage with coaching services or content.

  • “Youth Content” means Training Plans, advice, or other content provided by Coaches through the Service that is explicitly designated by the Coach as intended primarily for use in the training of individuals aged fourteen (14) years or older but under the age of eighteen (18).

  • “Parental User” means a User who meets the eligibility requirements of Section 2 and accesses the Service, potentially including Youth Content, with the intention of using information derived from the Service to guide or inform the training of a minor aged 14 or older for whom they are the legal parent or guardian.

  • "Coach" means a User who uses the Service to offer, provide, or sell coaching services or content.

  • "Training Plan" means any fitness, nutrition, or wellness program, advice, or content provided by a Coach through the Service.

2. ELIGIBILITY

  • You must be at least 18 years old to use the Service. By creating an account and using the Service, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into this agreement.

  • Users under the age of 18 are strictly prohibited from creating an account or using the Service directly. An individual who meets the age requirement may use the Service as a Parental User. If you use the Service as a Parental User, you acknowledge and agree that:

    • You are solely responsible for evaluating the suitability and safety of any content, including Youth Content, for the specific minor under your care.

    • You are solely responsible for providing constant, qualified supervision for any activities undertaken by the minor based on information obtained from the Service.

    • You agree to these Terms on your own behalf and accept full responsibility for the application of any information from the Service concerning the minor.

    • Pod1um has no duty to, and does not, assess the suitability of any content for any specific minor.

3. ACCOUNT REGISTRATION AND SECURITY

  • You may need to register for an account to access certain features of the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

  • You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorised use of your account. Pod1um cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4. USER CONTENT AND CONDUCT

  • Users are solely responsible for any content they create, submit, post, or display on or through the Service ("User Content"), including Training Plans, messages, reviews, and profile information.

  • You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish your User Content and grant Pod1um the licenses set forth in these Terms.

  • You agree not to submit User Content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

  • Coaches' Responsibilities Regarding Content:

    • Coaches are solely responsible for the accuracy, safety, and appropriateness of their Training Plans and any advice provided.

    • Coaches who submit Youth Content must:

      • Clearly and accurately designate it as Youth Content (intended for the 14-18 age group).

      • Ensure such content is reasonably designed and appropriate for healthy, active individuals within that age range, adhering to generally accepted principles of youth training and safety.

      • Strictly refrain from submitting any content designed for, targeted at, or marketed towards individuals under the age of fourteen (14). Pod1um reserves the right to remove any content violating these terms or deemed inappropriate for the platform.

    • Pod1um does not review or endorse the suitability, safety, or appropriateness of any User Content, including Youth Content, for any specific individual or purpose.

  • You agree not to use the Service for any purpose that is illegal or prohibited by these Terms. You agree not to interfere with or disrupt the Service or servers or networks connected to the Service.

5. FEES AND PAYMENT

  • Certain features of the Service may require payment of fees (e.g., purchasing Training Plans, subscription fees). All applicable fees will be clearly disclosed to you before you incur them.

  • You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.

  • Pod1um uses third-party payment processors (e.g., Stripe) to handle payment transactions. Your use of these third-party services is subject to their terms and conditions and privacy policies. Pod1um is not responsible for the performance or security of third-party payment processors.

  • Refunds, if any, are subject to Pod1um's refund policy, which may be updated from time to time.

6. INTELLECTUAL PROPERTY RIGHTS

  • The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Pod1um Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of both Ireland and foreign countries.

  • By submitting User Content, you grant Pod1um a worldwide, non-exclusive, royalty-free, sub licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Pod1um's business, including for promoting and redistributing part or all of the Service.

  • You retain any ownership rights you have in your User Content.

7. INTERACTIONS BETWEEN USERS

  • Pod1um provides a platform for Clients and Coaches to connect. We are not a party to any agreement or transaction between Clients and Coaches.

  • We do not employ, endorse, or recommend any specific Coach, nor do we guarantee the quality, safety, or legality of the services or content provided by Coaches.

  • Users are solely responsible for their interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between Users.

  • Conduct your own due diligence before engaging with any Coach or purchasing any Training Plan.

8. TERMINATION

  • We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.

  • If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

  • All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. DISCLAIMERS

  • THE SERVICE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER FITNESS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING OR HAVE EXPERIENCED CHEST PAIN IN THE PAST MONTH WHEN NOT ENGAGED IN PHYSICAL ACTIVITY, SMOKE, HAVE HIGH CHOLESTEROL, ARE OBESE, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT START THIS FITNESS PROGRAM IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING YOU SHOULD STOP IMMEDIATELY. POD1UM IS NOT A MEDICAL ORGANIZATION AND OUR STAFF CANNOT GIVE YOU MEDICAL ADVICE OR DIAGNOSIS. NOTHING CONTAINED IN THIS SERVICE SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS. THE INFORMATION AND REPORTS GENERATED BY US SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT.

  • POD1UM PROVIDES THE PLATFORM ONLY AND DOES NOT OFFER MEDICAL, NUTRITIONAL, OR PROFESSIONAL COACHING ADVICE. ALL CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING TRAINING PLANS AND YOUTH CONTENT, IS PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR INFORMATIONAL PURPOSES ONLY WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

  • IMPORTANT DISCLAIMER REGARDING YOUTH CONTENT: ALL YOUTH CONTENT IS ACCESSED AND USED AT THE SOLE RISK OF THE PARENTAL USER. YOUTH CONTENT IS INTENDED SOLELY FOR ACCESS BY PARENTAL USERS (AGED 18+) ON BEHALF OF, AND TO INFORM THE TRAINING OF, MINORS AGED 14 OR OLDER. POD1UM DOES NOT, AND CANNOT, VERIFY OR GUARANTEE THE SUITABILITY, SAFETY, OR APPROPRIATENESS OF ANY YOUTH CONTENT FOR ANY PARTICULAR MINOR. PARENTAL USERS ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR:

    • (i) INDEPENDENTLY AND THOROUGHLY EVALUATING WHETHER ANY YOUTH CONTENT IS APPROPRIATE AND SAFE FOR THEIR SPECIFIC MINOR, CONSIDERING THAT MINOR'S INDIVIDUAL HEALTH STATUS, PHYSICAL AND MENTAL DEVELOPMENT, SKILLS, AND FITNESS LEVEL;

    • (ii) OBTAINING PRIOR MEDICAL CLEARANCE FOR THE MINOR FROM A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE THE MINOR PARTICIPATES IN ANY ACTIVITY BASED ON INFORMATION FROM THE SERVICE; AND

    • (iii) PROVIDING QUALIFIED, DILIGENT, AND CONTINUOUS SUPERVISION DURING ANY AND ALL ACTIVITIES UNDERTAKEN BY THE MINOR THAT ARE BASED ON OR INFORMED BY YOUTH CONTENT. FAILURE TO DO SO IS AT THE PARENTAL USER'S OWN RISK. POD1UM AND THE CONTENT-PROVIDING COACH DISCLAIM ALL LIABILITY RELATED TO THE USE OF YOUTH CONTENT.

  • YOUR USE OF THE SERVICE AND YOUR RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE, INCLUDING ANY APPLICATION OF SUCH INFORMATION TO YOURSELF OR ANY MINOR UNDER YOUR SUPERVISION, IS SOLELY AT YOUR OWN RISK. POD1UM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POD1UM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. LIMITATION OF LIABILITY

  • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POD1UM LTD., ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY (INCLUDING OTHER USERS) ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE, INCLUDING TRAINING PLANS AND YOUTH CONTENT; (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  • IN NO EVENT SHALL POD1UM'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED EUROS (€100) OR THE AMOUNTS PAID BY YOU TO POD1UM IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM.

  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

  • You agree to defend, indemnify, and hold harmless Pod1um Ltd. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account; b) a breach of these Terms, or c) User Content posted on the Service, including any claim related to personal injury or property damage arising from following a Training Plan or applying information obtained via the Service to yourself or a minor under your supervision.

12. GOVERNING LAW

  • These Terms shall be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

  • Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

13. CHANGES TO TERMS

  • We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

  • By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.

14. CONTACT US

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