User Terms of Service

Effective Date: 12.11.2020

Palestra Performance LTD, doing business as Palestra Performance (“Trainer,” “we,” “our,” or “us”), uses a mobile application under the name Palestra Performance (“App”) licensed to us by our partner LEAN ON DIGITAL, INC. (“App Developer”) for use by you (“User”). Through the App, we provide a unique set of services and content including personal training programs, nutrition guidance, community features, and related offerings (“Services”).

By downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Agreement”) and our Privacy Policy. If you do not agree, please stop using the App immediately.

We may authorize the App Developer to perform certain functions (such as hosting, analytics, billing, or support). In such cases, these Terms remain applicable unless stated otherwise.

Important Notice: These Terms include a mandatory arbitration clause and a waiver of class actions. Exercise and nutrition carry inherent risks; consult a qualified physician before beginning any program. Your participation is voluntary and at your own risk.

1. Welcome to Our App
   We provide access to our Services and App, subject to your acceptance of these Terms. You confirm that you are at least 18 years old, capable of entering into a binding agreement, and will use the App in compliance with all applicable laws.
2. User Account
   To access the App and Services, you must create a User Account. You agree to provide accurate, up-to-date information, maintain confidentiality of your credentials, and take responsibility for all activity under your account.
   
   Payment Methods: Purchases are processed via Apple iTunes or Google Play. We and the App Developer do not store payment information. Review your app store’s terms for payment processing.
   
   Termination: We reserve the right to suspend or terminate your account if you breach these Terms. You may terminate your account at any time by deleting it and ceasing use of the Services.
3. License and Intellectual Property
   We grant you a limited, non-exclusive, non-transferable license to access and use the App and Services for personal, non-commercial purposes. You may not reproduce, distribute, modify, or exploit any portion of the App without prior written consent. All intellectual property rights remain owned by Palestra Performance LTD or the App Developer.
4. In-App Purchases
   All purchases are handled through your Apple or Google account. We maintain a record of purchases but do not process payments directly. Unauthorized use or fraudulent activity may result in termination and legal action.
5. Electronic Communications
   By using the App, you consent to receive electronic notices and disclosures. Electronic agreements have the same legal force as signed documents. You can withdraw consent by contacting us, but doing so may limit your access to Services.
6. Unauthorized Use and Fraud
   If you suspect unauthorized use of your account or lose your device, contact us immediately at support@leanondigital.com. You are responsible for keeping your credentials secure.
7. Privacy and Data Protection
   Your privacy is important to us. Use of the App is governed by our Privacy Policy, which complies with GDPR, UK GDPR, and other applicable laws. Please review it carefully to understand how we handle your information.
8. Third-Party Websites and Applications
   The App may contain links to or integrate with third-party services. We and the App Developer are not responsible for their content or policies. Use of such services is at your own risk.
9. User Content and Feedback
   You may submit comments, reviews, or other content through the App. By doing so, you grant us and the App Developer a perpetual, royalty-free license to use and display such content. Do not post unlawful, offensive, or misleading material.
10. Copyright and DMCA Notice
    If you believe your work has been infringed, contact us with written notice containing your contact details, a description of the copyrighted work, and proof of ownership. We comply with the Digital Millennium Copyright Act (DMCA).
11. Service Modifications and Termination
    We may modify or discontinue any part of the App or Services at any time without prior notice. Continued use of the App after changes constitutes acceptance of those updates.
12. No Warranties
    THE APP AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU USE THE APP AT YOUR OWN RISK.
13. Limitation of Liability
    TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF DATA OR PROFITS. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE LAST 12 MONTHS.
14. Dispute Resolution and Arbitration
    You agree to first attempt informal resolution by contacting us. Unresolved disputes will be settled through binding arbitration under the American Arbitration Association (AAA). You waive any right to participate in a class action or collective proceeding.
15. Miscellaneous Provisions
    This Agreement constitutes the entire understanding between you and us. It is governed by the laws of the State of Delaware, USA, except where mandatory consumer laws of your country provide otherwise. If any provision is found unenforceable, the remainder shall remain in effect.
16. GDPR and UK Data Protection Compliance
    If you reside in the European Union (EU), European Economic Area (EEA), or United Kingdom (UK), the following applies under GDPR and UK GDPR:
    
    Data Controller: Palestra Performance LTD – CHRYSOSTOMOU, Andreas
    Email: support@leanondigital.com
    
    Data Processor: Lean On Digital, Inc.
    Email: support@leanondigital.com
    
    Data Protection Officer (DPO): info@palestraperformance.co.uk
    
    We process personal data for: (a) performance of contract; (b) legal obligations; (c) legitimate interests; and (d) consent, which can be withdrawn at any time.
    
    You have the right to access, rectify, erase, or restrict processing of your data; the right to object; and the right to data portability. Contact us to exercise these rights.
    
    Data may be transferred outside the EEA/UK under Standard Contractual Clauses or equivalent safeguards approved by the European Commission.
    
    Nothing in these Terms limits your rights under EU/UK consumer or data protection law. You may contact your local Data Protection Authority or, in the UK, the Information Commissioner’s Office (www.ico.org.uk).
17. Contact Information
    For questions regarding these Terms, please contact:
    
    Palestra Performance LTD
    CHRYSOSTOMOU, Andreas
    Email: info@palestraperformance.co.uk
    
    Lean On Digital, Inc.
    Email: support@leanondigital.com
    
    These Terms comply with GDPR, UK GDPR, CCPA, and international consumer protection regulations. Continued use of the App constitutes acceptance of these Terms and any future updates.