Terms of Use

Last Updated: December, 2024

These Terms of Use (“Terms”) govern your access to and use of the websites, applications, and other online services (collectively, the “Platform”) made available by Atlas and its affiliates (collectively, “Atlas,” “we,” “our,” or “us”).

By accessing or using the Platform, you agree to these Terms and our Privacy Policy (the “Privacy Policy”), which is incorporated by reference. If you do not agree, do not access or use the Platform.

1) Key Terms

For clarity, we use these definitions:

• “User” means any person or entity who accesses or uses the Platform, including Consumers and Atlas Professionals.

• “Consumer” means a User who uses the Platform to find, match with, communicate with, or purchase services from an Atlas Professional.

• “Atlas Professional” (or “Coach”) means a User who uses the Platform to offer coaching or related services, including but not limited to fitness, nutrition, athletic performance, weight loss, mobility, and rehab-focused training services.

• “Pro Services” means the coaching and related services offered by Atlas Professionals.

• “Content” means text, graphics, images, video, audio, information, or other materials made available through the Platform.

• “User Content” means Content submitted by Users (e.g., profile info, messages, uploads, reviews), excluding Atlas Content.

• “Atlas Content” means Content we make available on or through the Platform (excluding User Content).

2) Eligibility

You must be able to form a legally binding contract to use the Platform. If you are under the age of majority where you live, you may use the Platform only with a parent or legal guardian’s consent and involvement.

3) Accounts and Access

You may need to create an account to access certain features. You agree to provide accurate information and to keep your account credentials secure. You are responsible for activity that occurs under your account.

We may suspend or terminate accounts, or limit access to the Platform, if we believe you have violated these Terms or if necessary to protect the Platform, Users, or Atlas.

4) What Atlas Does

Atlas provides a Platform that may help Consumers discover, match with, and communicate with Atlas Professionals.

Atlas does not provide medical care and does not replace medical professionals. Atlas may facilitate scheduling, communications, payments, and other tools, but the Pro Services are provided by Atlas Professionals (unless explicitly stated otherwise in a written agreement with you).

5) Coaches Are Independent and Results Aren’t Guaranteed

Unless stated otherwise in writing:

• Atlas Professionals are generally independent service providers and not employees of Atlas.

• Atlas does not guarantee any particular outcome from Pro Services. Individual results vary.

6) Health and Safety Disclaimer

Fitness, nutrition, and training involve inherent risks. By using the Platform and/or purchasing Pro Services, you acknowledge and agree:

• You are responsible for consulting a qualified physician or healthcare provider before beginning any fitness, nutrition, or training program, especially if you have any medical conditions, injuries, or concerns.

• You assume all risks associated with your participation in Pro Services.

• Any information provided through the Platform is for general educational purposes and is not medical advice.

If you experience pain, dizziness, injury, or other adverse symptoms, stop immediately and seek medical attention.

7) Payments, Billing, and Refunds

If the Platform enables payments, you may be required to provide payment information to a third-party payment processor. You agree to the payment processor’s terms and authorize charges associated with your purchases.

Refunds, cancellation policies, session rescheduling, and no-show policies may vary by Atlas Professional and/or the specific plan you purchase. Any applicable refund or cancellation terms will be disclosed at checkout or in your service agreement.

8) Communications, Including SMS/Text Messaging

A) General Communications

By using the Platform, you consent to receive communications from Atlas electronically (e.g., email, in-app messages, and SMS if you opt in), including account notices and service-related updates.

B) SMS/Text Messaging

If you provide your mobile number and opt in to SMS, you agree that Atlas may send you messages such as account notifications, training reminders, and service-related updates. With your express consent, Atlas may also send marketing or promotional SMS (if offered).

• Message frequency varies

• Message and data rates may apply

• Opt-out: Reply STOP to opt out (you may still receive transactional/service messages if applicable)

• Help: Reply HELP or contact us at support@atlaspersonaltrainer.com or +1 415-741-0755

• Opt-in for marketing SMS is not required to use Atlas.

9) Privacy and Data Use

Your use of the Platform is subject to our Privacy Policy.

No Selling / No Reselling / No Third-Party Marketing Sharing

Consistent with the Privacy Policy:

• Atlas does not sell your personal information.

• Atlas does not rent, resell, or share your mobile number or SMS opt-in data/consent with third parties or affiliates for their own marketing or promotional purposes without your express consent.

• We may share information only as described in the Privacy Policy, such as with service providers/processors (e.g., messaging platforms, carriers) strictly to deliver services on our behalf and in compliance with our instructions, or with your Atlas Professional as needed to provide the services you requested, and as required by law.

All the above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

10) User Content and Conduct

A) User Content

You retain ownership of your User Content. By posting or transmitting User Content through the Platform, you grant Atlas a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting/display), and display such User Content solely to operate, improve, and provide the Platform and services.

You represent and warrant that you have all necessary rights to post your User Content and that it does not violate law or any third-party rights.

B) Prohibited Conduct

You agree not to:

• Use the Platform for unlawful, harmful, or fraudulent purposes

• Harass, threaten, abuse, or impersonate others

• Upload malware or attempt to disrupt the Platform

• Scrape, harvest, or collect information about Users without permission

• Use any User’s personal information for unsolicited marketing

• Attempt to bypass or defeat access controls

• Misrepresent your identity, qualifications, or services

11) Reviews and Feedback

If you submit feedback or suggestions, you agree Atlas may use them without restriction or compensation, and you grant Atlas a license to do so.

12) Intellectual Property

The Platform and Atlas Content are owned by Atlas or its licensors and are protected by intellectual property laws. You receive a limited, revocable, non-transferable license to use the Platform for your personal or internal business purposes in accordance with these Terms.

You may not copy, modify, distribute, sell, lease, or reverse engineer any part of the Platform unless permitted by law or with Atlas’s written consent.

13) Third-Party Services and Links

The Platform may integrate with or link to third-party services (e.g., payment processors, scheduling tools, analytics, ad platforms). Atlas is not responsible for third-party services, and your use of them is governed by their terms and privacy practices.

14) Termination

You may stop using the Platform at any time. Atlas may suspend or terminate your access if we believe you violated these Terms, engaged in fraud or abuse, or if required to protect the Platform or Users.

Sections that by their nature should survive termination (including disclaimers, limitations of liability, and dispute provisions) will survive.

15) Disclaimers

THE PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATLAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ATLAS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

16) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATLAS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE PLATFORM OR PRO SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATLAS’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE AMOUNT YOU PAID TO ATLAS (IF ANY) IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

(Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.)

17) Indemnification

You agree to defend, indemnify, and hold harmless Atlas and its affiliates, officers, directors, employees, and agents from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Platform, (b) your User Content, or (c) your violation of these Terms.

18) Governing Law and Venue

These Terms are governed by the laws of the state/province where Atlas is headquartered, without regard to conflict of law principles. Any dispute must be brought in the courts located in that jurisdiction, unless applicable law requires otherwise.

19) Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on the Platform and update the “Last Updated” date. Your continued use of the Platform after changes means you accept the updated Terms.