Terms of Use

1. OBJECT AND ACCEPTANCE

These Terms of Use ("Terms") establish the general conditions of access, use, and legal relationship between Enhance Fitness LLC, a legal entity governed by the laws of the United Arab Emirates, registered under No. 796122], with registered office at Ibn Batuta Gate Offices, Office 612, Dubai, United Arab Emirates (UAE), and operating in UAE, Bahrain, Qatar, Kingdom of Saudi Arabia, (KSA) hereinafter referred to simply as "Enhance Fitness" or "Platform", and the User, an individual that, freely, expressly, unequivocally, and informed, accepts these Terms by accessing, browsing, registering, or using any functionalities, services, or digital resources made available by the Platform. Enhance Fitness operates as the user-facing brand for personal training services.

Enhance Fitness brings certified trainers to your home, your gym, or wherever you are. Every session is designed around you—your goals, your schedule, your pace. This is personal training the way it should be: human, flexible, and built for results that last.

Enhance Fitness provides an integrated digital ecosystem for:

1. Booking certified personal trainers for affordable, convenient sessions at the User's preferred locations and times, across various workout types, including strength training, Pilates, rehabilitation, martial arts, and more.
2. Application for Users to schedule sessions, monitor progress, manage bookings, interact with trainers, set goals, select workout styles, and access personalized nutrition consultations with an in-house nutritionist for tailored plans and follow-ups.
3. Features for trainers to manage schedules, client interactions, session details, progress tracking with milestones, recipes, recovery tips, motivational tools, and regular check-ins to adapt plans and maintain progress.

By accepting these Terms, the User declares that:

• They have read, understood, and fully agree with the clauses described herein, including all details on services, responsibilities, and limitations.
• They are aware of and in accordance with the Privacy Policy (available at https://www.enhancefitness.com/en/privacy-policy), which incorporates principles from Applicable Data Protection Laws (as defined in the Privacy Policy, including but not limited to UAE PDPL, GDPR, and equivalents), as well as other complementary policies of Enhance Fitness available on its official channels.
• They have the legal capacity to enter into this digital contract, being responsible for the veracity, accuracy, and updating of all data provided, including health-related information that may impact training sessions.
• They are at least 18 years old or, if under 18, it is the responsibility of their parent or guardian to provide verifiable consent. Enhance Fitness is not responsible for verifying this consent or for any actions of Users under 18.

The use of the Platform presupposes full and unrestricted acceptance of the conditions of these Terms. If the User does not agree, they must immediately stop using it and request the cancellation of their account, forfeiting any pending sessions or credits without refund.

Acceptance of these Terms constitutes a legally binding electronic contract under applicable laws, including the UAE Federal Law No. 46/2021 on Electronic Transactions and Commerce and equivalent international standards, enforceable in the jurisdictions where Enhance Fitness operates.

The User acknowledges that Enhance Fitness:

• Operates exclusively as a provider of technological infrastructure for booking and managing personal training sessions, facilitating connections between certified trainers and Users;
• Is not an intermediary, agent, representative, partner, broker, guarantor, or co-responsible for the commercial or contractual relationships between clients and trainers; provided, however, that in jurisdictions where trainers are employed by or through Enhance Fitness (currently UAE, Bahrain, Qatar, and in KSA via an authorized third-party employer for most trainers), Enhance Fitness assumes only those responsibilities mandated by applicable labor, insurance, and health & safety laws with respect to its employed trainers. Enhance Fitness does not guarantee the execution or quality of services, training outcomes, user health, or the fulfillment of any financial or contractual obligations between clients and trainers beyond such mandatory employer obligations;
• Does not assume any obligation of results in relation to physical activities, training plans, nutrition advice, or services booked through the Platform, as results depend on individual effort, health conditions, and adherence.

Users acknowledge that physical activities involve inherent risks, including but not limited to injury, strain, or exacerbation of pre-existing conditions, and Enhance Fitness is not liable for injuries or health issues arising from sessions. Users should consult a physician before engaging in workouts, obtain medical clearance if necessary, and inform trainers of any health concerns, allergies, or limitations in advance.

2. DEFINITIONS

To ensure clarity, the following terms are defined in detail:

• Platform: Digital ecosystem operated by Enhance Fitness, accessible via web interface, mobile application (iOS/Android) or API, intended for booking personal trainers, managing sessions, communication, real-time progress tracking with milestones and motivational tools, personalized nutrition plans, and related features such as goal setting and workout style selection.
• Users:
  • Trainers: Certified professionals who use the app to manage schedules, client sessions, progress tracking, payments, and adaptations, specializing in areas like strength, Pilates, rehab, and martial arts.
  • Clients/End Users: Individuals who use the Platform to book trainers, purchase session packages, track progress with recipes and recovery tips, engage in personal training, and receive nutrition consultations.
• Personal Data: As defined in Applicable Data Protection Laws, including data that identifies or makes identifiable a natural person (name, email, photos, health/fitness information, payment data, etc.). It includes information collected during sessions, tracking via wearables, progress records, evaluations, health history, goals, preferences, and location data, processed per the Privacy Policy's Rules on Processing.
• Health Data: Sensitive personal data relating to physical assessments, body composition, health history, fitness levels, frequency of training, evolution, medical conditions, allergies, or limitations, processed in accordance with Applicable Data Protection Laws and requiring explicit consent where applicable.
• Integrated Third Parties: External services integrated into the Platform (e.g., payment gateways such as Tabby, Telr, Checkout, Tap, and, for future consideration, Stripe; authentication providers; wearables APIs for tracking).
• Force Majeure: Unforeseeable and unavoidable events beyond reasonable control, including but not limited to infrastructure failures, cyberattacks, network unavailability, natural disasters, pandemics, wars, institutional strikes, legislative or regulatory changes that impact the operation of the Platform, or global events affecting service delivery.
• Enhance Fitness App: Mobile software for clients and trainers, available for iOS and Android, allowing access to booking, tracking, communication features, progress milestones, recipes, recovery tips, and trainer check-ins remotely.
• User Content: Information, images, videos, reviews, workout data, feedback, goals, health disclosures, and any materials uploaded, submitted, or shared by Users on the Platform, whether voluntarily or automated through integrations.
• Scheduling Services: Features that allow users to book, cancel, and reschedule training sessions, including calendar integration, reminders, and location selection (home, gym, outdoors).
• Third-Party Integrations: Applications, APIs, and external services compatible with the Platform (such as wearables like Fitbit or Apple Health, monitoring systems), whose activity, accuracy, and privacy are the sole responsibility of the respective suppliers.
• Access Logs: Electronic records automatically generated by the Platform, which document interactions, accesses, changes, bookings, payments, and transactions carried out by Users, for auditing, security, compliance, dispute resolution, and performance analysis purposes.
• Affiliate: Any entity that controls, is controlled by, or is under common control with Enhance Fitness, including subsidiaries or partners in UAE, Qatar, Bahrain and KSA.
• Confidential Information: Non-public information disclosed by one party to another, including business strategies, technical data, financial details, or proprietary algorithms used in matching trainers to Users.
• Minor: A User under the age of 18, who must have verifiable parental or guardian consent to use the Platform, with ongoing supervision recommended.
• Service Level Agreement (SLA): Enhance Fitness's commitment to aim for 99% uptime, excluding scheduled maintenance, force majeure events, or peak usage periods, with potential service credits for prolonged outages.
• Data Protection Officer (DPO): The individual or team responsible for overseeing data protection compliance, handling queries, and ensuring adherence to the Privacy Policy.
• Personal Data Breach: Any incident compromising personal data security, such as unauthorized access, loss, or disclosure, handled per the Privacy Policy's Breach and Incident Management section, including notifications to affected parties and authorities.
• Applicable Data Protection Laws: Laws governing personal data, including UAE PDPL, GDPR (for EU-related data), and others as referenced in the Privacy Policy, with adaptations for operations in Qatar, Bahrain and KSA.

3. NATURE OF THE SERVICES

The Platform makes available, through a web interface, mobile application (iOS/Android), and APIs, the following services in detail:

3.1. Booking for Clients

• Tools allow Users to search, select, and book from over 200 certified personal trainers specializing in strength, Pilates, rehabilitation, martial arts, and more, for sessions at convenient locations (home, gym, outdoors) and times, with the first session free to trial the service.

3.2. Trainer App

• Dedicated tool for trainers, with functionalities for schedule management, client communication via chat or check-ins, real-time progress tracking, invoicing, receiving payments, defining commissions, and adapting plans based on User feedback and milestones.

3.3. Session Management and Additional Features

• Environment where Users can purchase session packages, track progress with personalized milestones, access recipes and recovery tips, evaluate trainers based on performance and reviews, and receive 1:1 nutrition consultations from an in-house nutritionist for customized plans and follow-ups. The Marketplace may also include complementary products like fitness gear, subject to availability.

3.4. Nature of Enhance Fitness Role

• Enhance Fitness acts strictly as a technology provider, offering infrastructure for booking, matching, and management. Enhance Fitness provides services in UAE, Qatar, Bahrain and KSA but is governed by UAE laws, with operations tailored to local regulations, including compliance with health and safety standards in each country.
• Enhance Fitness does not mediate, represent, or be responsible for the commercial, contractual, professional, or financial relationships between trainers and clients, except for jurisdictions where trainers are directly employed and insured by Enhance Fitness (currently UAE, Bahrain and Qatar) or hired through authorized third-party employment providers in KSA. In such jurisdictions, trainers operate under full-time employment contracts with Enhance Fitness or its authorized partners and perform sessions as part of their professional duties within the company's operational and insurance framework.
• Therefore, Enhance Fitness remains responsible for ensuring compliance with applicable labor, safety, and insurance obligations for employed trainers, while clients remain responsible for ensuring safe environments and truthful health disclosures.
• The responsibility for providing services, making payments, ensuring security (e.g., safe training environments), and legal compliance falls on Enhance Fitness for employed trainers and on clients for the safe execution of sessions and truthful information. For freelance or third-party trainers (if any), such responsibility remains exclusively theirs, including obtaining necessary permits for outdoor sessions or gym access.
• Enhance Fitness acts only as a technology infrastructure provider, integrating outsourced financial processing services (payment gateways). Thus, failures, delays, chargebacks, reversals, divergences in values, or defaults are the sole responsibility of Users and/or contracted payment providers, and Enhance Fitness is not responsible for any obligation to reimburse, compensate, or guarantee, except in cases of exclusive and proven failure in its technological infrastructure. Enhance Fitness processes data as a processor where applicable, adhering to Privacy by Design and Default principles from the Privacy Policy.
• Enhance Fitness is not a healthcare provider and does not provide medical advice; the Platform is for informational, booking, and management purposes only. Nutrition consultations are advisory and not substitutes for professional medical care.

3.5. Beta Features

• Enhance Fitness may offer experimental or beta features, such as new tracking integrations or AI-assisted goal recommendations, on an "as-is" basis without additional warranties or support, and Users participate at their own risk.

4. REGISTRATION, VERIFICATION AND SECURITY

4.1. Registration and Authentication

To access and use the features of the Platform, the User must register in advance, providing complete, true, up-to-date, and verifiable data, including health disclosures for safe matching.

The registration may include, but will not be limited to:

• Full name;
• Identification documents (passport, Emirates ID, or equivalent, as applicable);
• Valid email address and phone number for multi-factor authentication and session confirmations.

The Platform may require multi-factor authentication (MFA) to strengthen access security, using email, SMS, authenticator applications, or biometrics, as required by digital security standards. MFA is required, with biometric options subject to explicit consent and secure processing per the Privacy Policy. If biometrics are used, explicit consent will be obtained, and data will be processed securely with options to revoke.

Enhance Fitness does not collect, store, or have direct access to sensitive payment information, such as full credit card numbers or bank details. All payment processing is carried out exclusively by third-party payment gateways, duly licensed and responsible for complying with applicable security and data protection regulations, including PCI-DSS, with tokenization for recurring payments.

4.2. Verification and Compliance

Enhance Fitness may, at any time and at its sole discretion, carry out verification procedures (KYC – Know Your Customer) per the Privacy Policy's Requirements for Processing, including requesting additional documents like proof of address or medical clearances to confirm the veracity of the information and ensure safe service delivery. Some information will already be requested at the time of registration on the Platform, but additional documentation may be requested for compliance purposes, such as anti-money laundering checks for high-value packages.

Enhance Fitness reserves the right to refuse, suspend, block, or cancel registrations that:

• Present false, outdated, or incomplete information, including misleading health data;
• Fail to comply with these Terms, the Privacy Policy, or other complementary policies;
• Involve relevant legal, regulatory, or interaction risks, such as prior complaints or bans.

For age verification, Users under 18 must provide proof of parental consent, Enhance Fitness is not responsible for verifying this consent or for any actions of Users under 18.

4.3. Responsibility for Credentials

The User is solely responsible for the safekeeping, confidentiality, and proper use of their credentials (login and password) and access devices, including updating passwords regularly and using secure networks.

Any activity carried out with the registered login and password will be presumed to be legitimate and authored by the User, even if carried out by third parties due to negligence. In the event of suspicion of unauthorized access, loss, or theft of credentials, the User must immediately report it to Enhance Fitness through official channels (e.g., [email protected]), being responsible for all activities, bookings, or payments carried out up to the moment of communication.

Account recovery for forgotten passwords or suspected hacks will follow secure procedures, including identity verification via government ID or video call.

4.4. Access and Monitoring Logs

All accesses, authentications, transactions, bookings, changes, and interactions made by the User on the Platform will be automatically recorded in electronic logs, with date, time, IP address, approximate geolocation, device used, and session details. Logs are retained per legal requirements (e.g., up to 5 years under UAE laws) and used for auditing, as per the Privacy Policy's Auditing and Logging section.

Such records may be used to:

• Ensure system security and detect anomalies;
• Prevent fraud, improper access, or misuse like fake bookings;
• Meet legal, regulatory, or judicial requirements, including audits by authorities in UAE, Qatar, Bahrain or KSA;
• Serve as a means of evidence in judicial, administrative, or arbitration proceedings, or to resolve disputes between Users and trainers.

4.5. Safety and Good Practice

Enhance Fitness adopts security standards compatible with international best practices, including encryption, firewalls, and regular vulnerability scans, but does not guarantee that the Platform will be free of vulnerabilities, quantum computing threats, or unavoidable cyberattacks, as technology evolves rapidly.

The User undertakes to:

• Use secure devices and networks when accessing the Platform, avoiding public Wi-Fi for sensitive actions;
• Keep systems, apps, and antivirus up to date to mitigate risks;
• Not share credentials or allow unauthorized third parties to use their account, and report any suspicious activity immediately.

4.6. Preventive Suspension for Safety Risk

Enhance Fitness may, without prior notice, temporarily suspend access whenever it identifies potential risk to the security of the Platform, attempted misuse, indications of unauthorized access, or threats like phishing attempts. The reactivation of the account will depend on the completion of the internal analysis, security checks, and, if necessary, the submission of supporting documentation such as updated ID.

5. RESPONSIBILITIES OF USERS

The User represents and warrants that they will use the Platform ethically, lawfully, and in compliance with applicable legislation, including but not limited to Applicable Data Protection Laws, health and safety regulations in UAE, Qatar, Bahrain and KSA. Users must not use the Platform for non-fitness-related purposes, such as spamming, illegal activities, or unauthorized data collection. All Users must comply with the Privacy Policy's guidelines on data handling, including obtaining consents and reporting incidents to the DPO.

5.1. Trainers

• Provide services as full-time employees or authorized contractors of Enhance Fitness, under its operational policies, health and safety standards, and insurance coverage. Trainers perform their duties following Enhance Fitness's internal guidelines and professional conduct requirements.
• Respect professional, ethical, and health standards, maintaining certifications and insurances up to date.
• Process data per the Privacy Policy's General Rules for Processing, ensuring minimization, security, and transparency, with explicit consents for health data sharing.
• Adopt appropriate technical and organizational measures for data protection, using secure channels for communications.
• Obtain necessary insurance, such as professional liability covering injuries during sessions.

Trainers acknowledge that while Enhance Fitness enforces confidentiality and data protection standards, the company cannot fully control trainers' personal conduct outside the Platform (such as retaining client contact information or off-platform communication). Trainers are expected to comply with internal data handling policies and confidentiality obligations at all times.

5.2. Clients

• Provide accurate and up-to-date information on health history, restrictions, goals, allergies, and preferences, exempting Enhance Fitness from any liability for omission, falsity, or resulting issues.
• Evaluate trainer qualifications, reviews, and suitability before booking, and prepare safe environments for sessions (e.g., clear space at home).
• Comply punctually with contracted payments, attend sessions as scheduled, or cancel with notice to avoid fees.
• Report any adverse health events to the trainer immediately and seek medical help if needed. Process data per the Privacy Policy's General Rules for Processing, ensuring accuracy in shared information.

All Users:

• Must not engage in discriminatory, harassing, or abusive behavior via chat, reviews, or sessions, with zero tolerance leading to bans.
• Are responsible for ensuring third-party integrations (e.g., wearables) comply with their own privacy policies and obtain consents for data sharing.
• Agree to waive claims against Enhance Fitness for risks inherent to AI features (if any), such as inaccurate recommendations, or emerging threats like quantum computing vulnerabilities that could affect encryption.

6. RESPONSIBILITIES OF ENHANCE FITNESS

Enhance Fitness commits to:

• Make the Platform available for booking and management functionalities, including trainer matching based on goals and availability.
• Employ reasonable information security standards, with encryption of data in transit and at rest, multi-factor authentication, regular audits, and monitoring against unauthorized access.
• Perform preventive and corrective maintenance to keep the Platform functional, informing, whenever possible, about scheduled unavailability via email or app notifications.
• Act as a data processor/controller per Applicable Data Protection Laws, with oversight by the Privacy Committee. Provide support via the DPO for data-related queries, as per the Privacy Policy, including rights exercises within legal timelines.
• Provide customer support via email, in-app chat, or phone during business hours (e.g., 9 AM - 6 PM GST), with response times aiming for 24-48 hours.

Enhance Fitness, as a technology provider, is not a party to relationships between trainers and clients. Thus, it does not guarantee the quality, continuity, or results of the services provided by trainers, nor is it responsible for any default, cancellation, reversal, contractual divergence, execution of services, or disputes arising from sessions.

In addition, Enhance Fitness does not make payments, which are fully processed by third-party payment gateways, which act as sole responsible for compliance with applicable financial and data protection regulations, including handling refunds for the free first session if applicable.

7. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law:

• Enhance Fitness does not guarantee that the Platform will be free from errors, failures, interruptions, cyber-attacks, quantum computing threats (which may compromise current encryption methods), or AI-related risks (such as algorithmic biases in matching or recommendations), although it adopts reasonable technical measures to mitigate risks, including regular updates and penetration testing.
• Enhance Fitness shall not be liable for direct or indirect damages, loss of profits, loss of data, failures of integration with third-party systems, injuries during sessions, health complications, property damage, or any losses arising from:

1. Poorly provided services by trainers, including inadequate advice or equipment use;
2. Contractual or commercial disagreements between Users, such as no-shows or disputes over session quality;
3. Misuse or unauthorized use of the Platform, including sharing false health data;
4. Force majeure or acts of God, including pandemics, massive infrastructure failures, legislative/regulatory changes that impact services, or advanced threats like quantum computing vulnerabilities and sophisticated cyber attacks that evade standard defenses.
5. AI risks, including but not limited to inaccuracies, biases, or hallucinations in any AI-driven features (e.g., goal suggestions or progress predictions), as AI technologies are probabilistic and not infallible.
6. Quantum computing or cyberattack-related breaches, where emerging technologies may render current security obsolete, and Users waive any claims for such unforeseeable events.

If, despite the exemption clauses, Enhance Fitness is held liable by a final court decision, the maximum amount of compensation will be limited to the total amount paid by the User in the 3 (three) months immediately prior to the event giving rise to the damage, except in cases of:

• Proven violation of Applicable Data Protection Laws, in which full compensation for material and immaterial damage will be ensured, as provided for in specific legislation;
• Damages resulting from intent, fraud, or gross negligence practiced by Enhance Fitness. Liability for data breaches is governed by the Privacy Policy's Breach and Incident Management, with notifications to authorities/data subjects handled by the DPO within required timelines (e.g., 72 hours under GDPR).

This limitation applies exclusively to contractual failures or common actions on the Platform, such as temporary unavailability, service interruptions, or technical failures unrelated to the processing of personal data. Enhance Fitness excludes liability for consequential, punitive, or exemplary damages, including lost opportunities or emotional distress.

8. DATA PROTECTION AND PRIVACY

Enhance Fitness processes personal data as a controller or processor, with the DPO overseeing compliance per the Privacy Policy, exclusively to enable the operation of the Platform, respecting the principles of purpose, necessity, adequacy, and transparency provided for in Applicable Data Protection Laws, in accordance with Enhance Fitness's Privacy Policy.

Categories of Data Processed:

• Registration data (name, e-mail, telephone, identification documents, location preferences);
• Health and physical evolution data voluntarily entered by the User or collected by the trainer, including goals, workout styles, nutrition needs;
• Data on use and interaction with the Platform (access logs, booking history, communication records, progress metrics).

By registering an image, voice, photographs, videos, or any audiovisual material on the Platform (e.g., profile photos or session videos), the User authorizes Enhance Fitness to use them, free of charge, for institutional, educational, promotional, and advertising purposes, including on social networks, websites, digital and printed campaigns, national and international. This authorization is linked to the Image and Voice Consent Form, the acceptance of which is a condition for the use of certain functionalities of the Platform.

The User may revoke the authorization at any time, upon formal request through Enhance Fitness's official channels, without retroactive effect on materials already published before the revocation, and with data deletion where feasible.

International Data Transfer: To ensure high availability and performance, Enhance Fitness may store or process data on servers located outside of the User's country, including in data centers in compliance with international security standards (e.g., U.S., EU). Transfers comply with safeguards like standard contractual clauses (SCCs), adequacy decisions, or binding corporate rules, as per the Privacy Policy's International Data Transfer section. No international transfer will take place without contractual and technical safeguards in place, and Users are notified of cross-border processing during registration.

Data Subject Rights: Every Data Subject whose personal data is processed by Enhance Fitness has the following rights, as detailed in the Privacy Policy's 7.1 section: access to personal data/information (including copies), confirmation of the existence of processing, information about shared use of data, correction of incomplete/inaccurate/outdated data, anonymization/blocking/deletion of unnecessary/excessive/non-compliant data, deletion of data processed with consent (subject to retention obligations), portability to another provider, revocation of consent, objection to irregular processing, and review of automated decisions (e.g., trainer matching algorithms). Users may exercise rights by contacting the DPO at [email protected], subject to verification (e.g., ID check) and legal limitations, with responses within 15-30 days depending on jurisdiction. Internal training and the Privacy Committee ensure ongoing compliance through annual reviews and employee education.

Registration and Auditing of Usage Logs: All accesses, transactions, bookings, and relevant changes made to the Platform are automatically recorded in audit logs, with User identification, date, time, IP address, and details, for security, dispute resolution, fraud prevention, and compliance with legal obligations.

Account Inactivity: An inactive account is considered to be one that does not register logins, movements, bookings, or interactions for a continuous period of 24 (twenty-four) months. In such cases, Enhance Fitness may, upon thirty (30) days' prior notice via email, close the account, archive the data, or convert it into passive custody, keeping it for up to five (5) years to comply with legal and regulatory obligations. Inactive accounts handled per Section 8; breaches managed via the Response Plan, including root cause analysis.

Procedures for Fraud and Account Blocking: Enhance Fitness may preventively suspend, block, or freeze accounts and transactions whenever there are:

• Suspicion or finding of fraud, misuse, or illicit activities, such as fake reviews or payment scams;
• Registration inconsistencies not remedied within 7 days;
• Judicial or administrative determination from authorities;
• Investigation in progress by competent authority, including police reports.

The release of the account will depend on the completion of the internal analysis, cooperation from the User, or compliance with legal requirements.

Enhance Fitness processes only necessary data and deletes it after purpose fulfillment, in line with data minimization principles. The Platform is not HIPAA-compliant and should not be used for medical treatment or storing clinical data. For full details on data handling, including cookies tracking technologies, and AI data usage (if applicable), refer to Enhance Fitness's Privacy Policy and Cookie Policy at https://www.enhancefitness.com/en/privacy-policy. Review of automated decisions available via DPO, with explanations provided upon request.

9. FINANCIAL TRANSACTIONS

All payments, collections, transfers, and other financial activities carried out through the Platform, including session packages or nutrition add-ons, are processed exclusively by integrated third parties (payment gateways), duly licensed and responsible for compliance with applicable regulations, such as PCI-DSS and Applicable Data Protection Laws. Payment data is handled by third parties per PCI-DSS and Applicable Data Protection Laws, with no storage by Enhance Fitness beyond tokens for recurring billing.

Enhance Fitness does not store, manage, or have direct access to sensitive payment information (such as full credit card numbers, CVV, or bank details), and such data is handled directly by partner payment providers like Stripe, ensuring end-to-end encryption.

Enhance Fitness acts exclusively as a technology provider, providing the infrastructure for connection with third-party payment gateways, not performing, intermediating, or guaranteeing financial transactions between trainers and clients. Thus:

• It does not guarantee approval, effectuation, reimbursement, reversal, or compensation of amounts, including for the free first session;
• It is not responsible for User default, failures in services contracted between trainers and clients, or for divergences in amounts charged, such as overcharges or currency issues;
• Any dispute relating to amounts paid or to be received shall be resolved directly between the parties involved and/or with the respective payment provider, with Enhance Fitness providing logs if requested.

In the event of a payment dispute, chargeback, or processing failure:

• The User must first contact the payment gateway used and provide evidence;
• Enhance Fitness may, at its discretion, assist in communication between the parties by sharing transaction IDs, but does not assume any obligation of mediation, arbitration, or guarantee of redress.

Each User (trainers and clients) is exclusively responsible for issuing invoices (if applicable), collecting taxes, and complying with tax obligations arising from transactions carried out through the Platform, including VAT in UAE or equivalents in Qatar/KSA/Bahrain. All transactions are in USD or local currency (AED, QAR, SAR) unless otherwise specified; Users bear any currency conversion fees, bank charges, or international transfer costs. Enhance Fitness may require additional KYC for high-value transactions (e.g., over $1,000) to comply with anti-money laundering laws. Refunds for SaaS subscriptions or packages follow a pro-rata basis, minus processing fees, with no refunds for completed sessions or the free trial.

10. MISUSE

The User is expressly prohibited, directly or indirectly:

• Using the Platform for purposes that are illicit, fraudulent, deceptive, abusive, or that violate the rights of third parties, including, but not limited to, intellectual property, privacy, or image rights, such as impersonating trainers or faking reviews; Violating Privacy Policy guidelines, including unauthorized data scraping.
• Sharing, assigning, renting, or transferring access credentials to unauthorized third parties, or using accounts for commercial resale;
• Attempting to access restricted areas, reverse engineer, decompile, disassemble, exploit flaws, inject malicious code, or in any way compromise the security, integrity, or availability of the Platform, including DDoS attempts;
• Inserting, transmitting, making available, or sharing content of an offensive, defamatory, discriminatory, threatening, pornographic, violent nature, or that encourages illegal conduct (e.g., hate speech, harassment during sessions);
• Using bots, automated scripts, or any other mechanism that causes overload, performance degradation, or impairs the experience of other Users, such as spamming bookings;
• Attempting to circumvent, disable, or circumvent security, authentication, or access control measures implemented by Enhance Fitness, including VPNs to bypass geo-restrictions;
• Performing service, exchange of personal information, or sharing sensitive data through external channels not controlled by Enhance Fitness, except when authorized and audited by the Platform;
• Adopting means of communication that do not offer encryption, traceability, or audit logging for client service, or using the Platform for non-training communications;
• Scraping or automating data extraction from the Platform, including trainer profiles or User data;
• Violating export controls or using the Platform in sanctioned countries.

The User acknowledges that any violation of this clause constitutes improper use of the Platform and may give rise to civil, administrative, and criminal liability, in addition to the obligation to indemnify Enhance Fitness for all damages, losses, or costs (including attorneys' fees, expert witnesses, and court costs) arising therefrom, with immediate account termination.

11. ACCOUNT SUSPENSION, BLOCKING AND CANCELLATION

Enhance Fitness may, at its sole discretion and without prior notice, suspend, block, freeze, or cancel the User's account, in whole or in part, in the following cases:

1. Determination of judicial or administrative authority, including subpoenas;
2. Suspicion or finding of fraud, illicit activity, or attempted breach of the security of the Platform, such as hacked accounts;
3. Registration inconsistencies not remedied within specified timelines;
4. Any form of misuse described in Section 10 or violation of these Terms and other supplemental policies;
5. Situations that expose Enhance Fitness to legal, regulatory, or image risk, like repeated complaints.

The suspension or block does not generate compensation, refund, or liability, and the reinstatement of the account will depend on the completion of internal checks, User cooperation, and/or compliance with legal or contractual requirements.

The account may be canceled:

1. At the request of the User, provided that there are no pending financial issues, ongoing sessions, or investigations; upon cancellation, Users may request data export in a standard format (e.g., CSV for progress data).
2. At Enhance Fitness's initiative, in the event of a serious or repeated breach of these Terms, or after 24 months of inactivity, as described in Section 8, with notice.

12. TERM AND TERMINATION

These Terms remain in force for an indefinite period, taking effect from the electronic acceptance by the User and continuing as long as the account is active.

The User may terminate these Terms at any time, upon formal request via the app or email, provided that there are not:

• Financial issues, such as unpaid balances;
• Ongoing contractual obligations, like booked sessions;
• Ongoing administrative, judicial, or fraud investigations.

The User is aware that Enhance Fitness may terminate or limit the User's access, with or without prior notice, in the following cases:

• Violation of the provisions of these Terms or supplemental policies;
• Evidence or confirmation of fraudulent, illicit, or abusive use of the Platform;
• Failure to comply with regulatory or legal requirements;
• Determination of competent authority.

Effects of Termination:

• Termination does not exempt the User from financial, tax, or legal obligations assumed during the term of the Terms, including settling disputes;
• Essential data and records will be kept for as long as required by law (e.g., 5 years for tax purposes), even after account closure;
• If there are plans or contracted services in progress, it will be up to the User to resolve directly with trainers, with no facilitation from Enhance Fitness.
• Sections on Intellectual Property, Indemnification, Limitation of Liability, Data Protection, and Confidentiality survive termination indefinitely.

13. AUDITING AND LOGGING

For security, fraud prevention, auditing, and compliance with legal obligations, Enhance Fitness performs the registration and traceability of all relevant activities on the Platform, including:

• Date, time, IP, approximate location, device used in access, and geolocation for session bookings;
• Financial transactions, scheduling, registration changes, account movements, and interactions like reviews;
• Logs of errors, failures, or attempts at improper access, including suspicious patterns. Reference Privacy Policy's auditing for detailed retention policies.

These records may be provided to the competent authorities upon formal request or used by Enhance Fitness as evidence in judicial or arbitration proceedings, with anonymization where possible.

14. AVAILABILITY AND MAINTENANCE

Enhance Fitness adopts advanced high availability standards, including redundant servers, encrypted backups, cloud hosting, and continuous monitoring to ensure Platform stability and performance across UAE, Qatar, Bahrain and KSA.

However, the User acknowledges that there is no guarantee of uninterrupted activity, and unavailability may occur due to:

• Preventive, corrective, or emergency maintenance, including security updates and feature rollouts;
• Force majeure events, failures in third-party services (e.g., payment gateways), cyberattacks, quantum threats, or infrastructure problems outside of Enhance Fitness's control;
• Changes required to improve or expand functionality, such as app updates.

Whenever possible, Enhance Fitness will carry out prior communication through the Platform itself, registered email, push notifications, or other official channels about scheduled maintenance or foreseeable unavailability, with at least 24 hours' notice. For unexcused downtime exceeding SLA thresholds (e.g., more than 1% monthly), Enhance Fitness may provide service credits equivalent to the affected period.

Enhance Fitness is not responsible for financial loss, business interruption, loss of data, missed sessions, or any indirect damage resulting from any periods of unavailability, except in the event of an exclusive and proven failure of its infrastructure, limited to credit issuance.

15. INTELLECTUAL PROPERTY

All elements of the Platform, including, but not limited to: source code, software architecture, APIs, layout, graphic design, trademarks (e.g., "Enhance Fitness"), logos, functionalities, recommendation algorithms, analytical reports, databases, multimedia content, and proprietary matching systems, are the exclusive property of Enhance Fitness or its licensors.

It is expressly forbidden for the User, without prior and express written authorization from Enhance Fitness:

• To copy, reproduce, modify, create derivative works from, translate, decompile, reverse engineer, or in any way economically exploit the Platform or its components;
• To use Enhance Fitness's trademarks, trade names, domains, slogans (e.g., "Train Your Way"), or any other distinctive elements for unauthorized commercial or promotional purposes;
• To allow unauthorized third parties to gain access to the source code, technical documentation, or any part of the software, including via screenshots or recordings.

The use of the Platform grants the User only a limited, revocable, non-exclusive, and non-transferable license to access and use the functionalities for personal, non-commercial purposes, not implying any assignment of intellectual property rights. Users grant Enhance Fitness a non-exclusive, royalty-free, worldwide license to User Content for Platform operation, improvement, and promotion, per Privacy Policy's consent rules, with rights to sublicense for integrations.

The unauthorized use or violation of these rights may give rise to judicial, administrative, and criminal measures, including injunctions and damages. Enhance Fitness complies with the Digital Millennium Copyright Act (DMCA) and equivalent laws.

16. INDEPENDENCE OF THE PARTIES

Except where expressly stated otherwise, the use of the Platform does not establish any corporate, partnership, joint venture, mandate, representation, or joint liability between Enhance Fitness, trainers, or clients.

In the UAE, Qatar, Bahrain all personal trainers are employed and insured by Enhance Fitness under full-time employment contracts. In the KSA, some trainers are employed directly by Enhance Fitness, while the majority are employed through an authorized third-party entity under full-time sponsorship contracts.

Accordingly, Enhance Fitness maintains labor and insurance responsibilities for these trainers as per local regulations, while clients remain independent and solely responsible for their own participation, safety, and truthful information.

This structure does not apply to clients or affiliates, who remain independent and autonomous in their obligations, including tax, consumer, or health responsibilities.

Enhance Fitness does not act as an intermediary, broker, guarantor, or guarantor of the contractual, financial, or professional relationships between trainers and clients, nor does it have any interference in the pricing, quality, or execution of the services provided by third parties, beyond initial verification.

17. DISCLAIMER OF WARRANTIES

The Platform is provided on an "as is" and "as available" basis, without any warranty, express or implied, as to:

• Fitness for specific purposes, including achieving particular fitness goals or health outcomes;
• Results, performance, continuity, or profitability arising from use, as success varies by individual;
• Quality, availability, or security of integrations with third-party services, which may have their own downtimes.

Enhance Fitness does not warrant that the Platform:

• Will operate without errors, failures, viruses, interruptions, or compatibility issues;
• Will meet all the specific expectations or needs of the Users, including seamless integrations;
• Will be compatible with all devices, systems, browsers, or networks, or free from AI limitations if used.

18. INDEMNIFICATION

Users agree to indemnify, defend, and hold harmless Enhance Fitness, its affiliates, managers, employees, trainers (as applicable), and partners from any claims, losses, damages, costs, or expenses (including attorneys' fees, settlements) arising from:

• Misuse, illicit, or unauthorized use of the Platform, including breaches of security;
• Violation of these Terms, the Privacy Policy, or the rights of third parties, such as IP infringement in User Content;
• Litigation, claims, demands, or obligations arising from commercial or professional relationships between trainers and clients, including injuries or disputes;
• Content inserted or made available by the User on the Platform, including information that is false, illegal, defamatory, or that violates intellectual property rights or privacy.

This indemnification obligation remains valid even after termination of access to the Platform, with Users covering all related costs.

19. UPDATING AND MODIFICATION

Enhance Fitness may, at any time, change, update, or supplement these Terms of Use to:

• Reflect legal, regulatory, or privacy and security policy changes, including new laws in operating countries;
• Incorporate new services, functionalities, or integrations, such as expanded nutrition tools;
• Adjust clauses to improve clarity, legal protection, and compliance with best practices, based on user feedback.

The changes will take effect immediately from the publication on the Platform or app. Whenever there are material changes (e.g., affecting rights or liabilities), Enhance Fitness will notify Users by email, in-app push notification, or banner on the Platform, with at least 15 days' notice. Material changes to privacy terms will be notified per the Privacy Policy.

The continued use of the Platform after the publication of the changes implies tacit and full acceptance of the new conditions. If the User does not agree with the new terms, they must cease using it and request the cancellation of the account, with pro-rata refunds if applicable.

20. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the United Arab Emirates, without regard to conflict of laws principles. However, for Users in the EU, Brazil, or other jurisdictions, mandatory local laws shall apply where required (e.g., consumer protections). Exclusive jurisdiction for disputes shall be in the courts of Dubai, UAE, unless local law mandates otherwise.

21. DISPUTE RESOLUTION

Any disputes arising from or related to these Terms shall be resolved through binding arbitration under the rules of the Dubai International Arbitration Centre (DIAC), or in small claims court for minor issues (under AED 50,000). Arbitration shall be conducted in Dubai, in English, with one arbitrator. No class actions or representative proceedings are permitted. Parties waive the right to a jury trial. Costs shared equally unless otherwise awarded.

22. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid one that achieves the original intent as closely as possible, without altering the overall agreement.

23. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other referenced policies (e.g., Cookie Policy), constitute the entire agreement between the parties, superseding all prior agreements, understandings, or representations, whether oral or written. The Corporate Privacy Policy is incorporated herein by reference.

24. ASSIGNMENT

Enhance Fitness may assign these Terms or any rights hereunder without User consent, including to affiliates or in connection with a merger, acquisition, or sale of assets. Users may not assign without Enhance Fitness's prior written consent, which shall not be unreasonably withheld.

25. NOTICES

Notices to Users will be sent via email to the address on file or through the Platform/app notifications. Notices to Enhance Fitness must be sent to Ibn Battuta Gate Building Jabal Ali First Dubai office 612 or the registered office. Notices are deemed received 24 hours after sending, or upon acknowledgment.

26. CONTACT

Enhance Fitness LLC
Registered Office: Ibn Batuta Gate Offices, Office 612, Dubai, UAE
Email: [email protected]
Website: https://www.enhancefitness.com/en

Version 2, 10 October 2025