Terms and Conditions of Use

These Terms and Conditions govern access to, registration with, browsing, contracting and use of Trakker, a web and mobile platform intended for professionals in training, physical conditioning, nutrition, physiotherapy, functional readaptation, health, wellness, sports performance and related activities, as well as their clients.

By creating an account or using Trakker, you accept these Terms and Conditions and, where applicable, the applicable specific conditions. The Privacy Policy provides information about the processing of personal data and the Cookie Policy governs the use of cookies. Neither of them, by itself, constitutes general consent; any consent that may be required will be requested separately through an affirmative action.

If you do not agree to these Terms, you must not register with or use Trakker.

1. Platform Owner

The owner and operator of Trakker is:

• Owner: Trakker Technologies, S.L.
• NIF: B93899235
• Registered office: Calle Poeta Joan Maragall, 56, 28020 Madrid
• Contact email: soporte@trakker.fit
• Registration details: Registro Mercantil de Madrid y su provincia, sheet M-894960, entry 1, IRUS 1000477849690

Hereinafter, the owner will be referred to as “Trakker”, “we”, “the Platform” or “the Provider”.

2. What Trakker Is

Trakker is a technology platform that enables Professionals to manage their activities and their relationships with their clients.

Among other functionalities, Trakker may enable users to:

• Create and manage clients.
• Create training plans.
• Record completed training sessions.
• Manage diets, nutritional guidelines or food records.
• Record meals, habits, sensations and progress.
• Record body, physical, physiological, performance or progress metrics.
• Upload progress photographs.
• Communicate between Professional and client.
• Manage payments for the Professional's SaaS subscriptions to Trakker.
• Facilitate payments from End Clients to Professionals through Stripe.
• Use integrations, automations or additional functionalities enabled by Trakker.

Trakker is a technology tool. Unless expressly stated otherwise, Trakker does not directly provide personal training, nutrition, physiotherapy, functional readaptation, medicine, health or individualized professional advisory services to End Clients.

3. Types of Users

Trakker may include, among others, the following types of Users:

• Professional: a personal trainer, physical conditioning coach, sports technician, nutritionist, dietitian-nutritionist, physiotherapist, functional readaptation specialist, sports center, clinic, gym, company, self-employed individual or any other service provider that uses Trakker in the course of its professional activities.
• End Client: a natural person who uses Trakker to receive services, monitoring, training, diets, recommendations, communications or management from a Professional.
• User: any person who accesses, registers with or uses Trakker, whether as a Professional, End Client or in another enabled role.

Professionals and End Clients may have different obligations and responsibilities within the Platform.

4. Nature of Professional Services

Unless expressly stated otherwise, Trakker is not a party to the professional, commercial or contractual relationship that may exist between a Professional and an End Client.

The Professional is solely responsible for the services offered and provided to their End Clients, including, among others:

• Training plans.
• Physical activity programs.
• Diets or nutritional guidelines.
• Monitoring services.
• Physiotherapy, functional readaptation or rehabilitation services, where legally authorized.
• Professional recommendations, communications and decisions.
• Prices, duration, cancellations and refunds for their services.
• Invoicing the End Client, where applicable.
• Legal, tax, healthcare, professional registration, ethical and professional compliance.

The End Client acknowledges that the professional services received through Trakker are provided by the relevant Professional, not by Trakker.

5. Healthcare, Sports and Nutritional Notice

Information contained in Trakker or entered by Users must not be interpreted as a diagnosis, treatment, medical advice or a substitute for professional healthcare.

An End Client must consult a doctor or other qualified healthcare professional before starting training, diets or significant changes in habits if they have injuries, medical conditions, symptoms, are pregnant, take medication, have a clinical history, limitations or concerns about their health.

The End Client must stop any activity and seek medical assistance if they experience severe pain, dizziness, difficulty breathing, chest pain, loss of consciousness, significant deterioration or any warning sign.

6. Registration and Use Requirements

To use Trakker, the User represents that:

• They are of legal age.
• They have sufficient capacity to accept these Terms.
• The information they provide is truthful, complete and up to date.
• They will use Trakker lawfully, diligently and in accordance with these Terms.
• They will keep their credentials confidential.
• They will not share their account with unauthorized third parties.
• They will notify Trakker of any unauthorized use, loss of credentials or security incident.

Trakker may suspend or cancel accounts where there are indications of misuse, fraud, breach of contract, risk to third parties, unauthorized access, infringement of rights or regulatory non-compliance.

7. Specific Obligations of Professionals

The Professional represents and warrants that:

• They act in the course of a professional, business or self-employed activity, unless otherwise stated.
• Where legally required, they hold the qualifications, training, professional registration, authorization, license, insurance or permission necessary to provide their services.
• They will not use Trakker to provide services that they are not legally authorized to provide.
• They will not present themselves to End Clients as holding a qualification, certification, professional registration or authorization that they do not possess.
• They will adequately inform their End Clients about the nature, scope, price, duration, risks, limitations, cancellation and conditions of their services.
• They will obtain from their End Clients any consents, questionnaires, authorizations, informed consents or documents that may be necessary.
• They will comply with the regulations applicable to their activities, including tax, employment, commercial, healthcare, sports, professional registration, ethical, advertising, consumer and data protection regulations.
• They will be responsible for the actions of their employees, collaborators, partners, centers, clinics, gyms or authorized third parties that access Trakker under their responsibility.

Trakker may request documentation proving identity, activity, qualifications, professional registration, authorization, tax status, professional insurance or any other matter reasonably necessary.

8. Non-healthcare Professionals, Professionals without Professional Registration or Professionals with Non-healthcare Training

Trakker may allow Professionals with different levels of training, experience, qualifications or authorization to register, including personal trainers, sports technicians, vocational training graduates, physical conditioning coaches, healthy-habit advisers or other non-healthcare profiles.

The fact that a Professional may register with or use Trakker does not mean that Trakker validates, certifies, officially recognizes or guarantees that the Professional is authorized to provide healthcare, clinical, dietetic and nutritional, physiotherapy, medical or other regulated professional services.

Where a Professional does not hold the professional registration, healthcare authorization or qualifications legally required for a specific activity, they must refrain from providing services reserved for healthcare or regulated professions.

In particular, non-healthcare Professionals may not use Trakker to diagnose diseases, treat medical conditions, prescribe clinical diets, perform therapeutic interventions, treat injuries, prescribe healthcare rehabilitation programs, replace medical care, indicate treatments or perform any act legally reserved for authorized healthcare professionals.

Trakker may, where it deems appropriate, display visible notices to the End Client regarding the nature of a professional profile, including descriptions such as “non-healthcare profile”, “not professionally registered”, “sports technician”, “personal trainer” or equivalent descriptions.

9. Permitted and Prohibited Uses

The User undertakes to use Trakker lawfully, professionally and in accordance with its purpose.

It is prohibited to use Trakker for:

• Unlawful, fraudulent, deceptive or abusive activities or activities contrary to good faith.
• Providing professional services without the required qualifications, certification, professional registration, license or authorization.
• Performing diagnoses or healthcare treatments or prescribing medication without legal authorization.
• Promoting dangerous diets, eating disorders, extreme practices, doping, misuse of medication, prohibited substances or risky conduct.
• Entering false or manipulated data or third-party data without authorization.
• Sharing personal data or health data of End Clients without a legal basis.
• Uploading unlawful, offensive, discriminatory or defamatory content or content that infringes third-party rights.
• Engaging in scraping, reverse engineering, attacks, abusive automations or unauthorized access.
• Interfering with the security, availability or integrity of Trakker.
• Using Trakker for spam, unsolicited commercial communications or unlawful solicitation.
• Using Trakker for activities prohibited by Stripe, payment networks, external providers or applicable regulations.
• Impersonating another person, professional, entity or End Client.
• Reselling, sublicensing or exploiting Trakker without authorization.

Trakker may suspend, limit or cancel access where it detects material breaches or risks.

10. Personal Data and Privacy

The use of Trakker may involve the processing of personal data and, in particular, sensitive data relating to health, physical condition, body metrics, training, nutrition, meals, progress photographs, injuries, physical development, communications and payments.

The processing of personal data is described in Trakker's Privacy Policy. Making the Privacy Policy available fulfills an informational function and does not imply acceptance of processing based on consent, which will be requested separately where necessary.

As a general rule:

• Trakker acts as the controller in respect of the data necessary to manage accounts, subscriptions, its own payments, security, support, communications, legal compliance and improvement of the Platform.
• The Professional may act as the controller in respect of their End Clients' data where they determine the purposes and means of processing in the course of their professional services.
• Trakker may act as the processor where it processes data on behalf of the Professional in order to provide the Platform.

Where Trakker acts as a processor on behalf of the Professional, the Professional must accept the Data Processing Agreement before managing End Clients in Trakker.

The Professional will be responsible for informing their End Clients, determining the applicable legal basis, obtaining consent where appropriate and complying with their data protection obligations.

While the account remains active, the Professional may access the data of End Clients linked to their service in accordance with their permissions and may obtain it through the available export functions or, where applicable, by means of a reasonable request. Following account closure, access will end, without prejudice to any export and retention legally required. When acting as processor, Trakker will not use that data for its own purposes and will process it only in accordance with the Data Processing Agreement.

11. Consent and Sensitive Functionalities

Certain Trakker functionalities may require specific information or consent, particularly where they involve:

• Health or physical condition data.
• Body, physiological or performance metrics.
• Food or meal records.
• Progress photographs.
• Data concerning injuries, medical conditions or limitations.
• Integrations with wearables, sports applications or third parties.
• Commercial communications or non-essential cookies.

Trakker may prevent the use of certain functionalities if the required legal documents or consents have not been accepted.

Consent must be given through a clear affirmative action and may be withdrawn where applicable, without affecting the lawfulness of processing carried out before its withdrawal.

12. User Content

The User retains any rights they hold in the content they enter, create, upload or share in Trakker, including plans, training sessions, diets, messages, metrics, records, photographs, documents or any other information.

By using Trakker, the User grants Trakker a limited, non-exclusive, worldwide, royalty-free license, for the time strictly necessary, to host, process, technically reproduce, transmit, display and back up the content, solely for the purpose of providing, maintaining and protecting the Platform, complying with legal obligations and performing the requested functionalities. Where Trakker acts as a processor, this license does not authorize the use of personal data for its own purposes or beyond the Professional's documented instructions. Any improvement based on End Client information must be carried out using effectively anonymized data or be supported by Trakker's own valid, previously disclosed legal basis.

The User warrants that they are entitled to enter, upload, share or process such content and that it does not infringe third-party rights or applicable regulations.

Trakker does not acquire ownership of the know-how, plans, training sessions, diets, communications, metrics or professional content created by Users, without prejudice to the technical rights necessary to provide the service.

13. Professional's SaaS Subscription to Trakker

Trakker may charge Professionals recurring or one-off amounts for use of the Platform, including monthly plans, annual plans, fees based on the number of End Clients managed, premium functionalities, additional modules, support services, configuration services or other items associated with use of the software.

In this flow, the Professional is Trakker's direct customer and Trakker acts as the provider of SaaS technology services.

Unless otherwise stated on the Platform or in specific conditions:

• Prices will be displayed in euros.
• Applicable taxes will be added or included as indicated.
• Subscriptions may renew automatically for successive periods unless cancelled.
• The Professional authorizes Trakker, directly or through Stripe or another provider, to charge the corresponding amounts to the specified payment method.
• Trakker will issue the Professional with the corresponding invoice for Trakker's technology services.
• Failure to pay may result in limitation, suspension or cancellation of the service.
• Cancellation will not affect amounts already accrued, outstanding payments or prior liabilities.

Trakker may use Stripe Billing, Stripe Payments or other Stripe or third-party services to manage subscriptions, recurring charges, invoicing, payment methods and subscription statuses.

14. Payments between End Clients and Professionals through Stripe Connect

Trakker may allow End Clients to pay Professionals for professional services offered by those Professionals.

For this flow, Trakker will preferably use Stripe Connect Standard with Direct Charges and may charge a technology commission or application fee.

Under this model:

• The Professional must have a connected Stripe account.
• The End Client's charge is created directly on the Professional's connected account, unless another flow is expressly specified.
• To the extent technically and legally possible, the Professional must appear as the seller, provider or merchant visible in the transaction.
• Trakker does not act as the seller of the professional service.
• Trakker may charge a technology commission for providing the Platform, infrastructure and technical management of the payment.
• The Professional bears ultimate financial responsibility for refunds, disputes, chargebacks, claims, services not provided, services improperly provided, cancellations and negative balances arising from their professional services.

Use of Stripe may be subject to Stripe's terms, policies and verification processes. Stripe may approve, reject, suspend, limit or review accounts, transactions, transfers, payments or settlements in accordance with its terms and policies.

15. Invoicing, Refunds and Disputes relating to Professional Services

For payments from End Clients to Professionals:

• The professional service is sold and provided by the Professional, not by Trakker.
• The invoice, receipt or supporting document for the End Client must be issued by the Professional where legally required.
• The Professional will be responsible for informing the End Client about the price, taxes, duration, cancellation conditions, right of withdrawal, refunds and claims.
• Trakker may issue an invoice to the Professional for its commissions, application fees, SaaS subscriptions or other Trakker technology services.
• Claims concerning the quality, performance, results, cancellation or return of the professional service must be addressed to the Professional.
• Trakker may provide technical tools to manage payments, cancellations or refunds, but does not assume substantive responsibility for the professional service.

The Professional must indemnify and hold Trakker harmless from refunds, disputes, chargebacks, negative balances, commissions, costs, claims or penalties relating to their professional services, unless they arise directly from a breach attributable to Trakker.

Trakker may withhold, set off, deduct or claim from the Professional any amounts charged to Trakker by Stripe, banks, payment networks, End Clients or third parties for reasons relating to the Professional's services.

Trakker may suspend or limit a Professional's payment functionality if there are high dispute rates, repeated claims, risk of fraud, negative balances, breach of Stripe's terms or misuse of the Platform.

16. Trakker's Intellectual and Industrial Property

All intellectual and industrial property rights in Trakker, including the software, code, design, interfaces, structure, databases, trademarks, logos, trade names, text, graphics, icons, functionalities, documentation, know-how, architecture and visual elements, belong to Trakker or its licensors.

Use of Trakker does not transfer any ownership right in the Platform to the User.

Trakker grants the User a limited, non-exclusive, non-transferable and revocable license, conditional upon compliance with these Terms, to access and use the Platform in accordance with its purpose.

The User may not copy, modify, distribute, sell, rent, sublicense, decompile, reverse engineer, exploit or create derivative products based on Trakker without express authorization.

17. Availability, External Providers and Service Changes

Trakker will use reasonable efforts to keep the Platform available, secure and operational.

However, Trakker does not guarantee uninterrupted availability, the complete absence of errors, permanent compatibility with all devices or the indefinite continuity of all functionalities.

The Platform may depend on external providers of infrastructure, hosting, databases, storage, payments, communications, analytics, security, support, application stores or other services.

Trakker will not be liable for interruptions, delays, errors, blocking, limitations or failures caused by external providers, force majeure, cyberattacks, maintenance, regulatory changes, decisions of application stores, connectivity outages or causes beyond Trakker's reasonable control, except where Trakker bears direct liability under applicable regulations.

Trakker may modify, improve, limit, replace or discontinue functionalities for valid technical, legal, operational, security or product-development reasons. These changes will be governed by Section 23 and will not limit Users' mandatory rights or, where applicable, the rights to conformity and termination granted to consumers.

18. Security

Trakker will implement reasonable and appropriate technical and organizational measures to protect the confidentiality, integrity, availability and resilience of the Platform and the data processed.

These measures may include, among others:

• Encryption in transit and/or at rest, where appropriate.
• Access control.
• Permission management.
• Logical segregation of data.
• Backups.
• Activity logging.
• Restricting access to authorized personnel.
• Monitoring and incident-response measures.
• Provider reviews.
• Internal security procedures.

The User must protect their credentials, refrain from sharing their account, use secure devices and report any suspected unauthorized access.

Trakker will not be liable for incidents to the extent that they arise directly from User negligence, use of weak passwords, compromised devices, phishing, malware, shared access, configuration errors by the Professional or use of insecure external channels, provided that the incident does not also result from a breach or deficiency attributable to Trakker and without prejudice to liabilities that cannot legally be excluded.

19. Limitation of Liability

To the fullest extent permitted by law, Trakker will not be liable for:

• Professional services provided by Professionals.
• Injuries, physical harm, relapses, discomfort or nutritional or health harm arising from training, diets, guidelines or recommendations from Professionals.
• Misuse of data by Professionals, employees, collaborators or third parties authorized by them.
• Tax, employment, healthcare, professional registration, consumer, advertising or data protection non-compliance by Professionals.
• Claims by End Clients against Professionals for services not provided, improperly provided or unsatisfactory.
• Chargebacks, disputes, refunds or payment incidents attributable to Professionals, End Clients, Stripe, banks, payment networks or third parties.
• False, incomplete or inaccurate information entered by Users.
• Failures, interruptions or decisions of external providers.
• Loss of profits, revenue, reputation, opportunities, clientele or indirect damage, unless it cannot legally be excluded.
• Use of Trakker contrary to these Terms.
• Force majeure events or causes beyond Trakker's reasonable control.

Nothing in these Terms will exclude or limit Trakker's liability where such exclusion or limitation is not permitted by applicable regulations, including willful misconduct, gross negligence, legal breaches directly attributable to Trakker, infringements of consumers' non-waivable rights or liabilities that cannot be excluded by law. In particular, End Clients who are consumers will retain in full the rights and remedies available to them in respect of the digital service provided by Trakker.

20. Indemnity

Only when acting as a Professional, business owner or self-employed individual, and to the extent permitted by law, the User undertakes to indemnify and hold harmless Trakker, its directors, employees, collaborators, partners, providers and representatives from claims, penalties, damages, losses, costs, expenses or liabilities resulting from acts or omissions attributable to the Professional and arising from:

• Breach of these Terms.
• Misuse of the Platform.
• Services provided by the Professional to End Clients.
• Content created, uploaded or shared by the User.
• Infringement of third-party rights.
• Regulatory non-compliance by the User.
• Unlawful processing of personal data by the User.
• Claims by End Clients against Professionals.
• Chargebacks, disputes, refunds or negative balances relating to professional services.
• Unauthorized use of Stripe or other providers.
• Actions of employees, collaborators, centers, clinics, gyms or third parties authorized by the User.

This obligation will include, where applicable, reasonable defense costs, professional fees, compensation, settlements and expenses arising from the claim, but will not extend to amounts arising from breaches, negligence or actions attributable to Trakker or affect consumers' non-waivable rights.

21. Suspension and Account Closure

Trakker may suspend, limit or cancel a User's access where:

• The User breaches these Terms.
• There are indications of fraud, abuse or unlawful activity.
• The User fails to meet payment obligations.
• A risk to End Clients, Professionals, third parties or the Platform is detected.
• A request is received from a competent authority.
• There are serious or repeated claims.
• Personal data is misused.
• Unauthorized access is detected.
• The terms of Stripe or other providers are breached.
• The User provides false or outdated information.
• It is necessary to protect the security, integrity or availability of Trakker.

Trakker may detect potential breaches through communications from Users or third parties, technical security and fraud controls, automated tools and review by authorized personnel. Decisions will be made proportionately, taking into account the nature, seriousness, frequency and context of the breach. Except where immediate action is necessary due to a legal obligation, request from an authority, fraud, cybersecurity or serious risk, Trakker will inform the User of the main reasons and will provide, through soporte@trakker.fit, a channel for submitting comments, requesting human review or remedying the breach. Where the rules on online intermediation services apply, complete termination of a Professional's account will be notified on a durable medium at least thirty days in advance, subject to the exceptions provided by law.

The User may request closure of their account in accordance with the procedures available on the Platform or by contacting Trakker.

Account closure will not affect accrued amounts pending payment, confidentiality obligations, prior liabilities, legal retention of data, defense of claims or Trakker's rights in respect of previous breaches.

22. Communications

Trakker may send administrative, technical, security, contractual or service communications necessary for the operation of the Platform.

Commercial communications will be made in accordance with applicable regulations and, where necessary, with the User's consent or on another valid legal basis.

The User may unsubscribe from commercial communications through the available mechanisms, without prejudice to continuing to receive communications necessary for provision of the service.

23. Changes to these Terms

Trakker may amend these Terms where there is a valid legal, technical, operational, economic, security or functional-development reason, provided that the amendment is proportionate and does not arbitrarily alter the essential obligations assumed in relation to the User.

Amendments will be communicated clearly and, where material, on a durable medium and with reasonable advance notice. For Professionals, where the rules on online intermediation services apply, the notice period will be at least fifteen days and will be longer where they need to make technical or commercial adjustments, subject to the exceptions provided by law.

Where an amendment requires consent or express acceptance, Trakker will request it before the amendment takes effect. Continued use alone will constitute acceptance only where permitted by law and the User has been clearly informed of that consequence.

If an amendment negatively affects, to a more than minor extent, a consumer's access to or use of the digital service, the consumer may terminate the contract free of charge within the statutory period, unless the service can be maintained without the amendment and remains in conformity. Other Users may request account closure before the amendment takes effect, without prejudice to obligations and amounts already accrued.

24. Governing Law and Jurisdiction

These Terms will be governed by Spanish law, without prejudice to mandatory rules that may apply in relation to consumers, data protection, digital services, payments, healthcare or other matters.

Where the User acts as a Professional, business owner or self-employed individual, any dispute arising from these Terms will be submitted to the Courts of Madrid, unless a mandatory rule establishes a different jurisdiction.

Where the User acts as a consumer, the competent courts will be those determined in accordance with consumer and user regulations.

25. Contact

For any questions about these Terms, the User may contact Trakker at:

• Email: soporte@trakker.fit
• Privacy/legal email: soporte@trakker.fit
• Postal address: Calle Poeta Joan Maragall, 56, 28020 Madrid

Annex I - Related Documents

These Terms must be supplemented by the following documents:

• Privacy Policy.
• Cookie Policy.
• Legal Notice.
• Data Processing Agreement for Professionals.

In the event of a conflict between documents, the more specific document will prevail over the more general document, unless applicable regulations provide otherwise.

Annex II - Summary Notice for End Clients

Trakker is a technology tool. The professional service is provided by the Professional who manages you, not by Trakker.

Your Professional may access the data you share in Trakker in order to provide their services to you, always in accordance with the Privacy Policy, applicable consents and the Platform settings.

If you have an injury, illness, symptom, are pregnant, take medication or have a medical concern, consult a qualified healthcare professional.

Annex III - Summary Notice for Professionals

As a Professional, you are responsible for the services you provide to your End Clients and for how you use their data.

Before managing End Clients in Trakker, you must accept the Data Processing Agreement.

You must not use Trakker to provide services that you are not legally authorized to provide.

You are responsible for informing your End Clients, obtaining the necessary consents, issuing invoices where applicable, complying with your legal obligations and handling claims, refunds or disputes relating to your professional services.