1. GENERAL TERMS
Train Back allows you to use the web based services available at https://app.trainback.com and https://trainback.com strictly in accordance with these Terms and Conditions.
Train Back is a pain management application and offers effective, personalized exercises to reduce back pain. Train Back leverages multimodal pain exercises that contain a blend of the physical, psychological and educational components. All exercises, techniques, and materials presented to you by Train Back are based on scientific research. Train Back is not to any extent a medical service, hospital, doctor, medical advisor, medical treatment and/or self-treatment supplier. Please consult your doctor before using the Train Back and read our Medical Disclaimer.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date found at the end of this page. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of Train Back after the date such revised Terms and Conditions are posted. If you do not agree to such variations, you should not use Train Back.
2. SUBSCRIPTION AND USER LICENCE
You need to be 18 years or over to use a Train Back.
Train Back is available through a paid subscription with the pricing set at the Train Back website and/or Train Back app. Your subscription is not transferable. You are responsible for any use of Train Back that occurs in conjunction with your username and password so keep your password secure and don’t let any other person uses your username or password. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
You may be required to pay a handling fee depending on the method of payment you choose. Pay attention that all our subscriptions have auto-renewal. It means that after the expiration of your subscription – it will automatically continue. To turn off the auto-renewal of subscription you need to contact firstname.lastname@example.org.
You are responsible for all costs of currency conversion relating to your Train Back subscription. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees). This means that you may incur additional costs when subscribing to Train Back, which we have no control over.
The final prices and fees are inclusive of transactional taxes where relevant (like VAT). You are responsible for paying all other fees and taxes associated with your use of Train Back wherever levied.
All purchases are non-refundable. You can cancel your subscription at any time by contacting us at email@example.com. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at support.
We hereby grant you a non-exclusive, non-transferable, revocable license to use the Train Back for your personal, non-commercial use and in accordance with these Terms and Conditions (User License). All other rights are reserved by Train Back. We reserve all rights not expressly granted to you in and to Train Back.
(1) the license granted to you for is limited to a non-transferable license;
(2) we are responsible for providing maintenance and support services of Train Back;
(3) you represent and warrant that (i) you are not located in a country that is subject to a 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;
(4) you must comply with applicable third-party terms of agreement when using the Train Back.
We may use reasonable discretion to decide whether or not your use of Train Back complies with these Terms and Conditions. We can suspend or terminate your subscription at any time for any reason (acting reasonably of course) including: if you breach these Terms and Conditions or if you act in a way that could cause us or others harm. In the event of your breach of these Terms and Conditions, we will be entitled to terminate the User License immediately.
3. INTELLECTUAL PROPERTY
Unless otherwise indicated, Train Back is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on the app (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, trademark laws and various other intellectual property rights and unfair competition laws of the USA, foreign jurisdictions, and international conventions.
The Train Back name and logo, and other Train Back trademarks, service marks, graphics, and logos used in connection with Train Back and website are trademarks of Train Back (collectively “Train Back Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the Train Back are the trademarks of their respective owners (collectively “Third-Party Trademarks”). Except other provided in these Terms and Conditions, no part of the Train Back and no Content or Train Back Trademarks and Third-Party Trademarks may not be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission of Train Back or the applicable trademark holder.
4. USER REGISTRATION
You agree to keep your password confidential and will be responsible for all uses of your account and password.
We will maintain certain data that you transmit to Train Back for the purpose of providing for you personalized exercises, improving and managing the app, as well as data relating to your use of Train Back.
5. PROHIBITED ACTIVITIES
You may not access or use Train Back for any purpose other than that for which we make Train Back available.
As a user of the Train Back, you agree not to:
- systematically retrieve data or other content from the Train Back to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- make any unauthorized use of the Train Back, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- circumvent, disable, or otherwise interfere with security-related features of the Trainabck, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Train Back and/or the content contained therein.
- engage in unauthorized framing of or linking to the Train Back.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Train Back or the networks or services connected to the Train Back.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the Train Back in order to harass, abuse, or harm another person.
- use the Train Back as part of any effort to compete with us or otherwise use the Train Back and/or the content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Ttrainback.
- attempt to bypass any measures of the Train Back designed to prevent or restrict access to the Train Back, or any portion of the Train Back.
- delete the copyright or other proprietary rights notice from any content.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Train Back or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Train Back.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Train Back, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Train Back.
- use the Train Back in a manner inconsistent with any applicable laws or regulations.
7. NO PROMISES
Train Back is provided on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Train Back does not warrant or make any representations regarding the validity, accuracy, reliability or availability of the Train Back or it’s content.
To the fullest extent permitted by applicable law, Train Back hereby excludes all promises, whether expressed or implied, including any promises that the Train Back is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the Train Back by you is in compliance with laws or that any information that you transmit in connection with this Train Back will be successfully, accurately or securely transmitted.
8. THIRD-PARTY CONTENT
Train Back may contain (or you may be sent via the app) links to other websites, as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through Train Back or any Third-Party Content posted on, available through, or installed from the Train Back, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Train Back and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware of these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Train Back or relating to any applications you use or install from the Train Back. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third-party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
9. EXCLUSION OF TRAIN BACK LIABILITY
Nothing in these Terms and Conditions shall exclude or in any way limit Train Back liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
To the fullest extent permitted under applicable law, in no event shall we be liable to you with respect to use of the Train Back and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages caused to your health, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the app, device failure or malfunction.
Train Back shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorized use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
10. GOVERNING LAW
If any provision (or part of a provision) of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Visiting the Train Back, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the app, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the app. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
12. CONTACT US
If you have any questions regarding Train Back, you can email us firstname.lastname@example.org.
Last Updated: 19th July 2019