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Terms of Use

Last updated: September 26, 2026

1. Purpose

Trainbay is a CRM for personal trainers with a built-in AI assistant for lead capture and for answering their clients' nutrition questions. These terms govern use of the Platform by the trainer ("User") and by the clients the trainer grants access to.

2. Accounts

Trainer accounts are created by ZX Consulting LLC. The trainer is responsible for the confidentiality of their credentials and for activity on their account. The trainer creates their clients' access and is responsible for informing them and obtaining their consent for the processing of their data (including health data). As explained in the Privacy Policy, the trainer is the data controller for their own contacts' and clients' data, and accepts the Data Processing Addendum covering that data.

3. Use of the AI Assistant

The assistant generates text automatically and can make mistakes. Its replies are not professional medical or nutritional advice; they are a tool the trainer must oversee. The client-facing assistant only handles food-related questions and never modifies training on its own: any adjustment to a routine is decided and reviewed by the trainer.

4. Payments

Once enabled, client fees are billed through Stripe as a monthly subscription. The client confirms payment on the Stripe checkout screen.

By subscribing, the client expressly requests that the service begin immediately, before the 14-day withdrawal period for distance sales in the European Union has elapsed, and acknowledges that, once the service for the elapsed period has been provided, they lose their right of withdrawal over that already-performed part (Art. 16(a) and (m) of Directive 2011/83/EU, or the applicable national transposition rule). They may cancel the renewal at any time, effective for future periods. This request and acknowledgment must be obtained explicitly (for example, via a dedicated checkbox) at the time of subscribing, not merely stated here.

4bis. Trainbay Subscription (Trainers)

Trainers pay ZX Consulting LLC a monthly subscription for the Platform: Starter (€29/month) or Pro (€59/month), plus applicable taxes. Payment is processed by Stripe and renews automatically each month until cancelled. The first subscription includes a 14-day free trial; a payment card is required to start it, and nothing is charged if it is cancelled before the trial ends.

In addition to the monthly fee, a one-time fee of €7 applies for each contact who interacted with the AI assistant at any point and later becomes a paying client of the trainer, regardless of how the sale is finally closed. There is no fee for clients who never interacted with the assistant. These fees are added to the following monthly invoice. Conversions during a free pilot period are not charged.

The trainer can change plan, update their card, download invoices, or cancel at any time from Settings → Your plan. Cancellation takes effect at the end of the period already paid; partial months are not refunded. If a payment fails and is not resolved, access to the Platform and the AI assistant is suspended until the subscription is reactivated; the trainer's data is not deleted because of this. The subscription is intended for professionals acting in the course of their business.

5. User Content

The trainer retains ownership of the routines, diets, and other content they upload. They grant the Platform a limited license to store it and display it to them and their clients for the purpose of providing the service.

6. Acceptable Use

  • Do not use the Platform for unlawful purposes or to send unsolicited communications.
  • Do not attempt to access other trainers' or clients' data.
  • Do not abuse the AI services (mass automation, scraping).

7. Availability and Liability

The Platform is provided "as is". Maximum uptime is pursued, but uninterrupted service is not guaranteed.

To the extent permitted by law, ZX Consulting LLC's total liability to the User for any claim arising from use of the Platform is limited to the amount actually paid by the User in the 12 months preceding the event giving rise to the claim, and does not include indirect damages, loss of profit, or loss of data.

This limitation does not apply to: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that cannot be excluded or limited under applicable law, including the rights available to consumers in the European Union.

8. Termination

The trainer can request account closure by writing to contact@trainbay.app. Upon closure, their data and their clients' data is deleted in accordance with the Privacy Policy.

9. Changes and Governing Law

These terms may be updated; material changes will be communicated with reasonable notice. These terms are governed by the laws of the State of New Mexico (USA), without prejudice to any mandatory EU consumer protection rules that may apply where the client is a resident of the EU. Any dispute is subject to the competent courts of New Mexico, unless a mandatory consumer protection rule provides otherwise.

Privacy Policy · Terms of Use · Data Processing Addendum