Terms of Service

1. Acceptance of Terms

Welcome to Bahnow! These Terms of Service (“Terms”) govern your access to and use of the Bahnow mobile application, website, and related services (collectively, the “Service”) provided by Bahnow Inc. (“Bahnow,” “we,” “us,” or “our”).

By accessing or using our 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.

Arbitration Notice: These Terms contain an arbitration clause and class action waiver that affect your legal rights. Please review Section 15 carefully.

2. Eligibility

To use the Service, you must:

• Be at least 13 years old (or 16 in certain jurisdictions)
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable law
• If you are under 18, have your parent or legal guardian’s permission to use the Service

By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

Creating an Account

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

Account Types

Bahnow offers different account types:

• Gym-Goer Account: For individuals tracking their fitness journey
• Trainer Account: For certified fitness professionals offering services
• Gym Owner Account: For gym and fitness facility operators

Each account type has specific features and responsibilities as described in the Service.

4. User Content

Your Content

You retain ownership of all content you submit, post, or display through the Service (“User Content”), including workout logs, photos, videos, messages, and other materials. By posting User Content, you grant Bahnow a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute your User Content in connection with operating and improving the Service.

Content Standards

You agree that your User Content will not:

• Violate any applicable law or regulation
• Infringe on any third party’s intellectual property or privacy rights
• Contain false, misleading, or deceptive information
• Contain hate speech, harassment, or discriminatory content
• Contain sexually explicit or pornographic material
• Promote violence or illegal activities
• Contain spam, advertising, or promotional content (unless authorized)
• Impersonate any person or entity

Content Monitoring

We reserve the right, but have no obligation, to monitor, review, or remove User Content that violates these Terms or is otherwise objectionable. We may suspend or terminate accounts that repeatedly violate our content standards.

5. Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of any local, state, national, or international law
• Harass, abuse, threaten, or intimidate other users
• Attempt to gain unauthorized access to the Service or other users’ accounts
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use any automated system (bots, scrapers, crawlers) to access the Service
• Collect or harvest any information about other users without their consent
• Reverse engineer, decompile, or disassemble any part of the Service
• Create derivative works based on the Service without authorization
• Sell, resell, or commercially exploit the Service
• Impersonate Bahnow staff, trainers, or other users

6. Trainer and Gym Owner Terms

Professional Qualifications

If you register as a trainer or gym owner, you represent and warrant that:

• You possess all necessary qualifications, certifications, licenses, and insurance required by law
• You will maintain valid credentials throughout your use of the Service
• All information provided about your qualifications is accurate and current
• You will comply with all applicable professional standards and regulations

Client Relationships

Trainers and gym owners acknowledge that:

• Bahnow facilitates connections but is not a party to any agreements between you and your clients
• You are solely responsible for the services you provide to clients
• You must maintain appropriate insurance coverage for your professional activities
• You are responsible for any taxes related to income earned through the platform

Payments and Fees

Bahnow may charge service fees or commissions on transactions facilitated through the platform. Fee structures will be clearly disclosed and may be updated with reasonable notice.

7. Health and Safety Disclaimer

No Medical Advice: The Service provides fitness tracking and social features but does not provide medical advice, diagnosis, or treatment. All content on the Service is for informational purposes only.

Consult Healthcare Providers: Before beginning any fitness program, changing your diet, or taking any actions based on information from the Service, consult with a qualified healthcare provider.

Exercise Risks: Physical exercise involves inherent risks of injury. You assume all risks associated with your use of fitness information or programs accessed through the Service.

Emergency Situations: If you experience chest pain, difficulty breathing, dizziness, or other concerning symptoms during exercise, stop immediately and seek medical attention. Call emergency services (911 in the US) for serious medical emergencies.

8. Subscription and Payments

Paid Services

Certain features of the Service may require payment of fees. By purchasing a subscription or other paid service, you agree to pay all applicable fees.

Billing

• Subscriptions: Recurring subscriptions automatically renew unless cancelled before the renewal date
• Payment Methods: You authorize us to charge your selected payment method for all fees
• Price Changes: We may change fees with reasonable advance notice
• Taxes: Fees do not include applicable taxes, which you are responsible for paying

Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period. Refunds are provided at our discretion and in accordance with applicable law.

9. Intellectual Property

Bahnow’s Rights

The Service and its original content, features, and functionality are owned by Bahnow and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Trademarks

Bahnow, the Bahnow logo, and other marks are trademarks of Bahnow Inc. You may not use these trademarks without our prior written permission.

Feedback

If you provide us with feedback or suggestions about the Service, you grant us the right to use such feedback without compensation or attribution.

10. Third-Party Services

The Service may integrate with or contain links to third-party services, websites, or applications. These third parties are not controlled by Bahnow, and we are not responsible for their content, privacy practices, or terms of service. Your use of third-party services is at your own risk.

11. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you agree to our Privacy Policy.

12. Termination

By You

You may terminate your account at any time by contacting us or using the account deletion feature in the app.

By Bahnow

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for:

• Violation of these Terms
• Fraudulent, illegal, or harmful activity
• Extended periods of inactivity
• Technical or security concerns

Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your account and User Content, though some information may be retained as required by law or for legitimate business purposes.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Bahnow does not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• Results obtained from using the Service will be accurate or reliable
• The quality of any services, information, or materials obtained through the Service will meet your expectations

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAHNOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, trojan horses, or the like that may be transmitted through the Service by any third party
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service
• User Content or the defamatory, offensive, or illegal conduct of any third party

IN NO EVENT SHALL BAHNOW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO BAHNOW IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

15. Dispute Resolution

Informal Resolution

Before filing a claim, you agree to contact us at legal@bahnow.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

Binding Arbitration

If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in [Your State/Location], and judgment on the arbitration award may be entered in any court having jurisdiction.

Class Action Waiver

You agree that any arbitration or proceeding will be limited to the dispute between you and Bahnow individually. To the fullest extent permitted by law, you waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights.

16. Indemnification

You agree to defend, indemnify, and hold harmless Bahnow and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Your provision of services to clients (for trainers and gym owners)

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in [Your County/State] for the purpose of litigating all such claims or disputes.

18. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms in the app
• Updating the “Last Updated” date
• Sending you an in-app notification or email

Your continued use of the Service after such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

20. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Bahnow’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

21. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by Bahnow on the Service, constitute the entire agreement between you and Bahnow concerning the Service and supersede all prior or contemporaneous communications and proposals.

22. Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. Bahnow may assign these Terms at any time without notice.