Trainer Terms of Service

1. Who we are

Nivo is operated by [Company legal name], tax ID [Tax ID], with registered office at [Registered address] ("Nivo", "we", "us"). You can contact us at support@nivofit.life.

These Trainer Terms of Service ("Terms") govern your use of Nivo as a trainer, coach or other professional ("you") on any device, including the mobile apps and the web app. Together with the Data Processing Agreement ("DPA") and our Privacy Policy, they are the whole agreement between you and us. By creating an account or tapping "Accept", you agree to these Terms.

If you use Nivo on behalf of a business, you confirm you are authorised to accept these Terms for it, and "you" includes that business.

2. Your account

• You must be at least 18 years old and use Nivo for your professional activity. The trainer app is a business service and is not intended for consumers.
• Give accurate information when you register and keep it up to date.
• Keep your login details confidential. You are responsible for everything done through your account. Tell us straight away at support@nivofit.life if you think someone else has accessed it.
• Your account is personal. Do not share it or let other people use it.

3. What Nivo does

Nivo lets you build libraries of exercises, sessions and workouts, create nutrition plans and recipes, invite clients, assign plans to them, schedule follow-up tasks (such as forms, progress photos, weight and body measurements), review your clients' results and progress, chat with your clients and share files with them.

Nivo is a software platform. We do not provide training, nutrition, medical or psychological advice, we do not supervise your work, and we do not guarantee any result for you or your clients.

We may add, change or remove features over time. We will give you reasonable notice before removing a feature that is essential to how you use Nivo, unless we have to act sooner for legal, security or technical reasons.

4. You and your clients

You are an independent professional. Nothing in these Terms makes you an employee, agent or partner of Nivo. You are responsible for:

• Having the qualifications, certifications, registrations and insurance your activity requires where you work.
• The plans, programmes, advice and messages you give your clients, and for adapting them to each client's health, fitness level and circumstances.
• Asking your clients about their health before they start (for example, with a health screening questionnaire) and recommending that they see a doctor or other health professional when appropriate. You must not diagnose or treat medical conditions unless you are legally authorised to do so.
• Only inviting people you have agreed to coach, and telling them, before you create their profile, that you use Nivo and how their data will be used.
• Your agreement with each client, including fees, cancellations and refunds. Nivo is not a party to that agreement and does not collect payments for you, unless we expressly offer a payment feature, which will have its own terms.
• Respecting your clients' choices in the app, including a client's decision not to give, or to withdraw, consent to the processing of their health data.

5. Your clients' personal data

When you add clients and coach them through Nivo, you decide why and how their personal data is used. You are therefore the controller of that data, and Nivo acts as your processor. The DPA forms part of these Terms and sets out the obligations of both of us. You must comply with the data protection laws that apply to you, including having a valid legal basis before you record health data about a client.

Nivo also uses some data as an independent controller, such as your clients' Nivo account and login data, security records, app analytics and records of acceptance of our terms, as described in our Privacy Policy.

6. Your content

"Your content" means everything you upload or create in Nivo: exercises, videos and links, sessions, workouts, nutrition plans, recipes, forms, files, notes and messages.

• You keep all rights in your content.
• You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, adapt (for example, resize images), display and transmit your content, only as needed to provide, secure and support Nivo for you and your clients. This licence ends when your content is deleted from Nivo.
• You confirm that you have all the rights needed for your content, including any music, videos, images and third-party links, and that it does not infringe anyone's rights or break the law.
• We do not claim ownership of your content and we do not sell it or use it for advertising.
• We may remove content that we reasonably believe breaks these Terms or the law. We will tell you why, unless the law prevents us.

7. Nivo's content and software

Nivo, including the apps, their design, our trademarks, and the exercise library, videos, recipes and other content we provide ("Nivo content"), belongs to us or our licensors. While these Terms are in force, we give you a personal, non-exclusive, non-transferable licence to use Nivo and Nivo content to coach your clients through Nivo. You may not copy, sell or redistribute Nivo content outside Nivo, or extract it in bulk.

Some exercise videos are played from third-party services such as YouTube or Vimeo. Their own terms apply when you watch them.

8. Acceptable use

You must not:

• Break the law, or use Nivo to harm, harass, discriminate against or deceive anyone.
• Make false or misleading health claims, or promote dangerous practices such as extreme dieting, unsafe supplements or prohibited substances.
• Upload content that is illegal, sexually explicit, violent or hateful, or that infringes anyone's rights.
• Use your clients' data outside the coaching relationship, or for purposes they have not been told about.
• Access other users' data, probe or break our security, or interfere with how Nivo works.
• Copy, reverse engineer, scrape or resell Nivo, or access it by automated means, except as the law expressly allows.
• Upload malware or anything designed to damage devices or data.

9. Fees

Nivo may be offered for free or through paid plans. If we introduce fees for a feature you already use, we will tell you in advance, and you will only be charged if you choose a paid plan. The price, billing period, taxes and renewal terms will be shown to you before you subscribe.

10. Availability and support

We work to keep Nivo available and secure, but we cannot guarantee that it will be uninterrupted or error-free, for example during maintenance, updates or incidents at our providers. Keep your own copies of anything that is important to you. Support is available at support@nivofit.life.

11. Third-party services

Nivo relies on third-party services, such as Google Firebase for hosting and data storage, Stream for chat, and the app stores for distribution. Their availability and terms are outside our control. The providers that process personal data for us are listed in our Privacy Policy and in the DPA.

12. Suspension and termination

• You can stop using Nivo at any time and ask us to delete your account by writing to support@nivofit.life.
• We may suspend or close your account if you seriously or repeatedly breach these Terms, if the law requires it, or to protect your clients, other users or Nivo. Unless it is urgent or unlawful to do so, we will warn you first and give you a reasonable chance to fix the problem.
• We may end these Terms for any other reason by giving you at least 60 days' notice.
• When your account is closed, your clients lose access to your plans and to your coaching relationship in Nivo. Tell your clients beforehand and keep a copy of anything you need. We will delete your content and your clients' coaching data as set out in the DPA.
• Sections 6 (as far as needed to complete deletion), 13, 14, 15, 17 and 18 continue to apply after these Terms end.

13. Disclaimers

Nivo is provided "as is" and "as available". To the extent the law allows, we make no promises about Nivo beyond those in these Terms, including about its fitness for a particular purpose or the results you or your clients will achieve.

14. Liability

• Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, for wilful misconduct or gross negligence, or for any other liability that cannot be limited by law.
• Subject to the above, neither of us is liable for loss of profits, revenue, business, goodwill or data, or for any indirect or consequential loss.
• Subject to the above, our total liability arising out of or in connection with these Terms in any 12-month period is limited to the greater of (a) the fees you paid us in that period and (b) €100.
• We are not responsible for your coaching services, for your clients' health or results, or for content uploaded by you or your clients.

15. Your indemnity

You will compensate us for losses, costs and reasonable legal fees arising from claims by your clients or other third parties related to your coaching services, your content, or your breach of these Terms or of data protection law. We will tell you promptly about any such claim and let you take part in the defence.

16. Changes to these terms

We may update these Terms to reflect changes to Nivo, to the law or to our business. Each version has a number and an effective date at the top of this page.

• Material changes, such as changes that affect your rights, your obligations, fees or how data is handled: we will tell you by email or in the app at least 30 days before they take effect, and you will be asked to accept the new version in the app. You cannot keep using Nivo without accepting it, but you can close your account at any time before the change takes effect.
• Other changes, such as clarifications or corrections: these take effect when published, and the new version number is shown on this page.
• If a change is needed sooner for legal or security reasons, we will give you as much notice as we reasonably can.

17. General

• You may not transfer your rights or obligations under these Terms without our consent. We may transfer ours to a company that takes over Nivo; we will tell you if that happens, and your rights will not be reduced.
• If any part of these Terms is found to be invalid, the rest remains in force.
• If we do not enforce a right straight away, we can still enforce it later.
• These Terms are available in English and Spanish. Both versions have the same value. If they differ, the version in the language in which you accepted them prevails.

18. Governing law and courts

These Terms are governed by Spanish law. The courts of [City], Spain, have exclusive jurisdiction over any dispute arising from them, unless mandatory law provides otherwise.

19. Contact

[Company legal name] · [Registered address] · support@nivofit.life