Client Terms of Use

DRAFT — for counsel review before publishing. Prepared to reflect how Cadence works and to limit the platform's liability, with the fitness-vs-medical disclaimers and assumption-of-risk language you asked for. Not legal advice. Waiver, arbitration, and liability-cap clauses have enforceability limits that vary by state and country (and some can't be enforced against consumers) — have counsel review. Bracketed text marks facts to confirm. See READ-ME-FIRST.md.

Last updated: [EFFECTIVE DATE — e.g., June 8, 2026]

The short version (not part of the contract)

Cadence is the app your coach uses to train you. These Terms are the agreement between you and Cadence for using the app. In plain terms:

• Your coach is your coach — not us. Your training, advice, programs, and any payments are between you and your coach. Cadence just provides the software.
• This is fitness, not medicine. Cadence and your coach's programs are not medical advice. Talk to a doctor before starting, and understand that exercise carries risk — you take part at your own risk.
• You own what you log. We host it to run the app; we don't sell it or use it for ads. (See the Client Privacy Policy.)
• You must be 18+.

The binding terms follow.

1. Acceptance

These Terms of Use ("Terms") are a binding agreement between [LEGAL ENTITY NAME] ("Cadence," "we," "us") and you, the client using the Cadence app (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Client Privacy Policy and Consumer Health Data Privacy Policy. If you don't agree, don't use the Service.

2. Eligibility

You must be at least 18 years old to use the Service. The Service is not intended for anyone under 18.

3. What Cadence is — and isn't

Cadence is software that your fitness coach (your "Trainer") uses to deliver your program, run check-ins, message you, and track your progress. Cadence is not your trainer, gym, dietitian, or healthcare provider, and is not a party to your coaching relationship. We don't create, review, endorse, or take responsibility for your Trainer's programs or advice. The Service is in early access ("beta") and may change or have interruptions.

4. Your relationship is with your Trainer

Your Trainer is an independent business, not an employee or agent of Cadence. Your coaching services, training programs, nutrition guidance, advice, and any payments, subscriptions, refunds, and cancellations are between you and your Trainer. If you have a question, complaint, or refund request about your coaching or what you were charged, raise it with your Trainer. Cadence isn't responsible for your Trainer's services, conduct, availability, or any agreement between you and your Trainer.

5. Health, safety, and assumption of risk (please read carefully)

(a) Not medical advice. The Service, and the content your Trainer delivers through it, is for general fitness and wellness purposes only and is not medical advice. Using Cadence does not create a doctor–patient or other healthcare-provider relationship. Cadence is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or condition.

(b) Consult a physician. Consult a qualified healthcare provider before beginning any exercise or nutrition program, especially if you're pregnant, have or may have a medical condition or injury, or take medication. Don't disregard or delay professional medical advice because of anything in the Service.

(c) Listen to your body; emergencies. Stop exercising and seek medical attention if you feel faint, dizzy, short of breath, or in pain. The Service is not for medical emergencies — if you have an emergency, call your local emergency number.

(d) Assumption of risk. You understand that physical exercise and dietary changes carry inherent risks, including muscle strains, injury, aggravation of existing conditions, and in rare cases serious injury. You voluntarily choose to participate and assume all such risks. You are responsible for exercising within your own limits and for using proper form and equipment.

(e) Release. To the fullest extent permitted by law, you release Cadence from claims arising out of your participation in physical activity or use of programs delivered through the Service. This release does not apply to liability that can't be released by law, including gross negligence, recklessness, willful misconduct, or death or personal injury caused by our negligence, and it does not affect your non-waivable consumer rights. (Your separate agreement or waiver with your Trainer is between you and them.)

6. Your account

You're responsible for keeping your login secure and for activity under your account. Provide accurate information, and tell us at [support@traincadence.app] if you suspect unauthorized use.

7. Your content

You own the content you put into the Service — your logs, measurements, photos, messages, and check-ins ("Your Content"). You grant Cadence a limited license to host, store, process, and display Your Content solely to provide the Service (including sharing it with your Trainer and, where you choose, in community features), as described in the Client Privacy Policy. You control what you share with your Trainer, including the visibility of progress photos. Where community features are enabled, content you post may be shown to your Trainer's other clients, and Cadence may moderate or remove content that violates these Terms.

8. Acceptable use

You agree not to:

• use the Service unlawfully or to harm, harass, threaten, defame, or shame anyone (including in community features);
• impersonate anyone or misrepresent your identity, or impersonate a licensed healthcare professional;
• post content that is unlawful, infringing, obscene, or that promotes performance-enhancing or illegal drugs, eating disorders, self-harm, or other dangerous practices;
• upload content you don't have the rights to, or anyone's private information without permission;
• interfere with or attempt to breach the security of the Service, or access it by automated means; or
• reverse-engineer or misuse the Service.

We may remove content or suspend access for violations (see Section 14).

9. Payments

If you pay your Trainer through the Service, payments are handled by a third-party payment processor under its own terms, and your purchase, refunds, and disputes are between you and your Trainer (see Section 4). Cadence is not the seller or merchant of record for your coaching.

10. Privacy

How we handle your information — including the health and body data you log — is described in our Client Privacy Policy and the standalone Consumer Health Data Privacy Policy. In short: we don't sell it, don't use it for ads, and don't use it to train AI; you can access, correct, export, or delete it.

11. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, and — because it's in early access — we don't warrant it will be uninterrupted, secure, or error-free. See Section 5 for the health and fitness disclaimers. Some jurisdictions don't allow certain exclusions, so some may not apply to you.

12. Limitation of liability

To the fullest extent permitted by law, Cadence will not be liable for indirect, incidental, special, consequential, or punitive damages, and Cadence's total liability for all claims relating to the Service will not exceed US$100 (or, if you paid Cadence directly, the amount you paid us in the prior 12 months, if greater). Nothing here limits liability that can't be limited by law — including for fraud, gross negligence, willful misconduct, death or personal injury caused by our negligence, or your non-waivable consumer rights.

13. Indemnification

To the extent permitted by law, you agree to be responsible for, and to indemnify Cadence against, claims arising from your misuse of the Service, Your Content, or your violation of these Terms or the law.

14. Suspension and termination

You can stop using the Service at any time. Your Trainer may end your access as part of your coaching relationship, and Cadence may suspend or terminate access if you violate these Terms or create risk. Sections that should survive (including 4, 5, 7, 10–13, 15, and 16) survive termination. Your data rights on termination are described in the Client Privacy Policy.

15. Dispute resolution — arbitration and class-action waiver

Please read carefully — this affects your legal rights, including the right to a jury trial and to join a class action, and includes a 30-day opt-out. It does not apply where the law doesn't allow it.

(a) Governing law. These Terms are governed by the laws of [GOVERNING-LAW JURISDICTION], except where mandatory consumer-protection law in your home country/state applies instead.

(b) Informal resolution. Contact [legal@traincadence.app] first; if we can't resolve it within 30 days, either party may proceed.

(c) Arbitration and class waiver. Except for the carve-outs below, disputes will be resolved by final and binding individual arbitration administered by [AAA / JAMS], not in court, and you and Cadence waive the right to a jury trial and to participate in a class, collective, or representative action. The Federal Arbitration Act governs this Section.

(d) Carve-outs and consumer rights. Either party may use small-claims court, and either may seek injunctive relief in court for misuse or IP claims. This Section does not apply where prohibited by law — including where you are a consumer who cannot be required to arbitrate or waive class rights, and for EEA/UK residents, who keep the protection of their local courts and laws.

(e) 30-day opt-out. You may opt out by emailing [legal@traincadence.app] within 30 days of first accepting these Terms.

16. Changes, and contact

We may update these Terms; for material changes we'll update the date and give reasonable notice, and continued use means you accept them. General terms (entire agreement, severability, no assignment by you, no waiver, force majeure) apply as in our standard terms.

Questions: [support@traincadence.app] · [LEGAL ENTITY NAME], [MAILING ADDRESS].