1. Agreement
These Terms of Service (the "Terms") are a contract between you (or the entity you represent) and Train With Matia ("we," "us," or "our"). They govern your access to and use of our service, website, and any related services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms. If you are agreeing on behalf of a company or other organization, you represent that you have authority to bind that organization.
2. Accounts
- You must be at least 18 years old to create an account.
- You are responsible for keeping your login credentials secure and for everything that happens under your account.
- You agree to provide accurate information and to keep it up to date.
- One account per business or workspace. Sharing logins with people outside your organization is not permitted.
3. Subscriptions and billing
- Paid plans are billed in advance on a recurring basis (monthly or annually, as selected at signup). Fees are stated in US dollars unless we state otherwise.
- Subscriptions renew automatically at the end of each billing period until canceled. You can cancel from inside the product or by emailing Matiamarcantuoni@gmail.com.
- Except where required by law, fees are non-refundable. We may, at our discretion, issue partial refunds in cases of clear billing error or extended unavailability.
- We may change pricing at any time; price changes take effect at the next renewal of your subscription and will be communicated at least 30 days in advance.
- You are responsible for any taxes associated with your purchase except for taxes based on our net income.
- Overdue invoices may result in suspension of the Service until paid.
4. Customer Data and acceptable use
You retain all rights to the data you and your team upload to or generate inside the Service ("Customer Data"). You grant us (and Vencera LLC, as the operator of the underlying platform,) a worldwide, non-exclusive license to host, process, and transmit Customer Data solely as necessary to provide the Service to you and to comply with the law.
You agree not to use the Service to:
- Send spam, unsolicited bulk messages, or messages in violation of CAN-SPAM, TCPA, GDPR, CASL, or any other applicable law.
- Send messages to recipients who have not given you the required consent under the laws applicable to them.
- Upload malware, attempt to gain unauthorized access to other accounts or our systems, or interfere with the operation of the Service.
- Resell, sublicense, or expose the Service to third parties outside your organization without a separate written agreement.
- Reverse engineer, scrape, or extract source code from the Service except as expressly permitted by law.
- Use the Service in any manner that violates law or infringes the rights of others.
You are responsible for the lawfulness of the Customer Data you process and for honoring privacy requests from the individuals whose data you upload.
5. Intellectual property
The Service is operated on a platform owned and licensed by Vencera LLC. Our trade dress, branding, and Customer-facing content are the property of Train With Matia. The underlying platform software, designs, and trademarks are the property of Vencera LLC and its licensors. All such property is protected by intellectual-property laws. These Terms grant you a limited, non-exclusive, non-transferable right to access and use the Service for your internal business purposes during your subscription. All other rights are reserved.
6. Customer feedback
If you send us suggestions, feature requests, or other feedback, you grant us a perpetual, royalty-free license to use that feedback to operate and improve the Service, without obligation to you.
7. Confidentiality
Each party agrees to protect the other's confidential information with at least the same care it uses for its own confidential information and not less than a reasonable standard of care, and to use such information only as needed to perform under these Terms.
8. Service availability and changes
We aim to keep the Service available and performant. We may modify, add, or remove features at any time. We may schedule maintenance or deploy emergency fixes that temporarily affect availability. We are not liable for downtime caused by third-party providers, force majeure events, or circumstances outside our reasonable control.
9. Termination
- You may stop using the Service and cancel your subscription at any time.
- We may suspend or terminate your account if you materially breach these Terms (including non-payment) and do not cure the breach within 14 days of notice, or immediately if your use poses a security or legal risk.
- Upon termination, your right to use the Service ends. We will return or delete Customer Data as described in our Privacy Policy.
10. Disclaimers
The Service is provided "as is" and "as available". To the maximum extent permitted by law, Train With Matia disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or meet your specific requirements.
11. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, or business, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if advised of the possibility of such damages. Each party's total cumulative liability arising out of or related to these Terms will not exceed the amount you paid to Train With Matia in the 12 months immediately preceding the event giving rise to the claim.
12. Indemnification
You agree to defend, indemnify, and hold Train With Matia harmless from any third-party claims, damages, liabilities, and reasonable legal fees arising from (a) your Customer Data, (b) your use of the Service in violation of these Terms or applicable law, or (c) your violation of the rights of any third party.
13. Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute that cannot be resolved informally will be resolved exclusively in the state and federal courts located in Florida, and each party consents to the personal jurisdiction of those courts.
14. Changes to these terms
If we make material changes to these Terms, we will update the "Last updated" date above and, where appropriate, notify you through the Service or by email at least 14 days before the change takes effect. Continuing to use the Service after the effective date means you accept the updated Terms.
15. Text message (SMS) program
This section applies to text messages Train With Matia sends to people who provide their mobile number — for example, when booking a consultation or submitting a form.
- Program. Train With Matia sends transactional text messages such as appointment confirmations, reminders, and scheduling notifications. We do not send marketing or promotional text messages under this program.
- Consent. By providing your mobile number and opting in (for example, by checking the consent box when you book), you agree to receive these text messages at that number, including messages sent using automated technology. Consent is not a condition of any purchase.
- Message frequency. Message frequency varies — typically around the time of a scheduled appointment.
- Cost. Message and data rates may apply, depending on your mobile carrier and plan.
- Opt out. Reply STOP to any message to unsubscribe. You will receive one confirmation message and then no further texts unless you opt in again.
- Help. Reply HELP for assistance, or contact us at Matiamarcantuoni@gmail.com.
- Carriers. Mobile carriers are not liable for delayed or undelivered messages.
- Privacy. We do not sell or share your mobile number or SMS opt-in with third parties or affiliates for their marketing. See our Privacy Policy.
16. Contact
Email Matiamarcantuoni@gmail.com with any question about these Terms.