Terms and Conditions

These general terms of use and legal information (hereinafter, General Conditions) apply to the website of TRAINUNM LLC (hereinafter, Trainunm), whose domain is www.trainunm.com and to the corresponding mobile application, as well as to all its related or linked sites from trainunm.com by Trainunm (hereinafter and collectively, the "site"). The site is owned by Trainunm. By using the site, the User shows their agreement with these terms of use. If you do not agree, please refrain from using it.

Through these General Conditions, Trainunm makes available to users (hereinafter User or Users) the Trainunm website and mobile application (hereinafter collectively referred to as the Platform).

In compliance with the established regulatory provisions, the following identification data of the site owner are provided:

Corporate name: TRAINUNM LLC
Registered office: 759 SW FEDERAL HWY STE 304 STUART, FL 34994

1. Object

Trainunm is a technology company whose main activity is the development and management of a technological platform through which, via a website or mobile application (hereinafter, the App), it intermediates in the contracting of home services for individuals and infoproducts.

Thus, Trainunm has a Platform through which various Professionals, with whom Trainunm may have a commercial agreement for the use of the Platform, offer a series of services predetermined by the Platform. The Client has the possibility to request the acquisition of the services of these Professionals through the mandate conferred to a third party when requesting a service through the Platform, in which cases Trainunm acts as a mere intermediary and, therefore, cannot assume nor assumes any responsibility for the correct provision of the services offered directly by Professionals.

Therefore, Trainunm's main activity consists of establishing the point of contact where Clients of a home service for individuals and Professionals who wish to carry them out meet. To this end, clients will establish a reservation request detailing their needs to the professional they choose, in a completely free manner. There is no responsibility whatsoever on the part of Trainunm for the choice made by the Client.

There are in-app purchases of Infoproducts provided by TRAINUNM professionals for clients.

Trainunm does not carry out the provision of services itself in any case, which means that there is no type of responsibility in the execution of these. Only the Professionals with whom the Clients registered on the platform have established the contractual relationship will be responsible for such provision.

Throughout these General Conditions of Use, we will refer to Clients and Professionals as Users.

2. Terms of Use

Access to the Platform and the voluntary creation of a profile by the User implies knowledge and express and unequivocal acceptance of these General Conditions, the Privacy Policy, the Cookie Policy, and the Payment Provider's Terms of Use by all Users.

3. Access and Registration for Users

To be a User of the Platform, it is essential to meet the following requirements:

Be at least 18 years old.

Truthfully complete the mandatory fields of the registration form, which requests personal data such as username and email address.

Accept these Terms of Use and the Privacy Policy.

The User guarantees that all data regarding their identity and legitimacy provided to Trainunm in their Platform registration forms are true, accurate, and complete. Likewise, they commit to keeping their data updated, with the User being solely responsible in case of falsehood or inaccuracy of the same.

In the event that the User provides any false, inaccurate, or incomplete data, or if Trainunm considers that there are well-founded reasons to doubt the veracity, accuracy, and integrity of the same, Trainunm may deny present or future access and use of the Platform or any of its contents and/or services.

Upon registering on the Platform, the User can access their profile by entering their email address and the password established during registration. Both the email address and the password are strictly confidential, personal, and non-transferable. Trainunm recommends not using the same passwords as on other platforms to increase account security. In the event that the User uses the same access credentials as on other platforms, Trainunm cannot guarantee the security of the account or ensure that the User is the only one accessing their profile.

The User undertakes not to disclose the data relating to their account or make them accessible to third parties. The User shall be solely responsible for any use of such data or the services of the site by third parties, including statements made on the Platform, or any other action carried out using the username and/or password.

3.1. Profile

To complete registration on the Platform, the User must provide some of the following mandatory data: name, surname, and email address; and other voluntary data such as date of birth, telephone number, or ID, height, weight, measurements, and photos. Once registration is complete, every User can access their profile and complete it, edit it, and/or unsubscribe as they see fit.

4. Service Operation. Mandate Conditions

When a User registered as a Client needs a service, they can access the platform and choose the service they wish to contract, either by accessing the direct links provided or from the platform's search bar. Once accessed, they must set the address where they want to receive the service so that the available Professionals appear.

The Client can choose among the Professionals available in their area by accessing their profiles, where they will find a personal description, the list of final prices for each of the services, their availability, and ratings from other Users. The Client will proceed to freely choose the professional they consider, with no responsibility on the part of Trainunm for the choice made by the Client.

Once the Client has selected the characteristics of the service, they will proceed to book it. From this moment, the Professional has 24 hours to accept the reservation request, making the fulfillment of the contractual relationship established through the Platform mandatory, with the only parties responsible for such fulfillment being the parties involved in the contractual relationship created, with Trainunm not being part of this relationship in any case. Therefore, the Users will be obliged both to perform the contracted service and to pay the agreed amount for the provision of said service. In the event that either party to the relationship, whether the client requesting or the professional offering the services, is ultimately not available, they must cancel the service from the designated section on the platform, thus being subject to the platform's cancellation policy as set out.

In cases where the Client is not at the designated address at the established time, the professional will wait 30 minutes. If, after this wait, the professional leaves the place of service provision, the client must assume 100% of the service price.

In cases where the Professional is ultimately not available to perform the service, they must cancel the service or contact the Client to explore other options. If the Client does not agree with any of the options presented by the Professional and, consequently, is not interested in the alternative options, they must assume the consequences set out in the cancellation policy.

4.1 Service Provision

Users who decide to offer their services through the Platform and, therefore, be Professionals, must complete a questionnaire in which they establish the services they offer. To do this, they will indicate the city and areas where they want to provide the service(s), their price, the details of these, and a detailed description. The Professional declares that the information included is correct, accurate, and true, being solely responsible in case of conflict. Ads cannot be duplicated, and the Professional can advertise in all professional categories available on the Platform.

For Professionals who decide to use the Platform, their relationship with Trainunm will be limited to that of an independent third-party contractor and not that of an employee, agent, joint venturer, or partner of Trainunm for any reason. Furthermore, they will act exclusively in their own name and interest, and not in the name or interest of Trainunm. Trainunm will not direct or control, nor be considered to direct or control, the actions taken or their behavior under these Terms, including with regard to the provision of services. The Professional acknowledges that they may, at their sole discretion, advertise Services or engage in any other commercial or work activity, provided it is permitted by these conditions.

All Users undertake to provide a safe and appropriate environment that allows the service to be provided and commit to compliance with labor and Social Security legislation, especially with regard to in-person and home training, or any other order and specifically but not exhaustively the fulfillment of contractual obligations, registration and contribution to Social Security, and payment of salaries arising from the employment relationship between Users, as well as any other obligation derived from their activity, from which Trainunm is exempted from all liability.

Once the Service is completed, it is the responsibility of the Professional to deliver the physical receipt corresponding to said service if the Client requests it, with the Client and the Professional being the only parties responsible as they are part of the contractual relationship.

5. Service Claim

Clients may claim a service if they are not satisfied with the Professional's work. To do this, they will have a period of 24 hours from the completion of the service to make the claim through the application, stating the reason for their dissatisfaction. The Trainunm team will study the case and decide whether to refund the amount paid to the Client or release the funds to the Professional's account.

If the Professional does not show up at the indicated date and place, the client must contact the Platform to seek a solution. Although the Platform is exempt from any liability that the Professional may incur, it may assist the Client in finding a replacement that meets their needs. Otherwise, and provided that the client notifies within 24 hours, Trainunm will proceed to refund the full amount paid by the Client.

6. Usage Fees and Payment for Services

Registration and use of the Platform for Clients is completely free.

Access to the Platform by Professionals is free, but there are a series of services offered by Trainunm that, if they wish to acquire them, must be paid for. These services are: Infoproducts, Trainunm Premium, and other freemium options.

In addition, Trainunm has an external service provider to process the payment and archive the User's credit or debit card information. The payment provider responsible for collecting payments from clients and making payments to professionals is Stripe (hereinafter, "Stripe"). Users who register on the Platform declare that they accept Stripe's terms of use in order to use the Platform correctly.

The Client will only have to pay for each service requested through the Platform, making said payment at the time of requesting the reservation. The Professional will receive the service amount once the service has been performed and 24 hours have passed since its completion.

The service price will be ten percent of the price established by the professional at the time of making the quote. Depending on the type of service, the Professional will set a price in euros/hour, which will be multiplied by the duration of the service to calculate the total, or a price per service, in which case the price established for each service performed will be due. It is solely the responsibility of the Professional to establish the amount they actually wish to receive for the provision of said service, just as it is the responsibility of the Client to pay the agreed price once the service has been performed.

7. Price of Products and/or Services Listed on the Platform

All prices indicated on the Platform must include any applicable taxes depending on the territory from which the User operates and in any case will be expressed in the current currency depending on the territory from which the User operates, with the euro (€) being the default currency.

In accordance with Clause 6 above, the prices applicable to each service will be those published on the Platform by the Professional at the time of making the reservation. Any error in the listing of said price is the sole responsibility of the Professional.

To transfer the money obtained from the provision of services to the Professional's account, they must provide their bank details, and it may be necessary to request proof of identity to comply with the payment provider's terms of use. From the amount to be transferred, a small commission will be deducted to keep the Platform's services operational. For more information, fill out the Contact Form.

The Professional may modify the price of their services through the section enabled in the application; however, this price will not affect services that have been previously booked or contracted.

8. Messages Through the Platform

8.1 Messaging Service

The exchange of messages between Users aims at the exchange of information regarding the services contracted or intended to be contracted and that comply with these Terms and Conditions.

Users must refrain from sending messages or information that include advertising, spam, or content containing viruses, malware, or malicious software, mass sending messages, messages containing texts contrary to moral and public order standards, defamatory messages or those containing insults, messages of an illicit nature, or messages containing personal information of the User with the intention of using the service for purposes other than those permitted.

The Platform may use algorithms that automatically detect when Users are misusing the messaging service. If such a message is detected, it may be automatically blocked so that the receiving User does not receive the message, and the Platform may investigate whether there has been an infringement. The offending User will be warned that they are breaching the Terms of Use and, if their conduct persists, the Platform may unsubscribe said User.

8.2 Ratings

Users have the right to write reviews/ratings exclusively if there has been a contracting between them through the Platform. Such evaluation must be honest and fair, with insults and lies being prohibited.

The Platform does not review Users' ratings before they are published. For this reason, if a User considers that they have received a rating that contravenes these Terms, they must contact the Platform through the Contact Form. Trainunm has the power to remove all ratings that infringe these rules, and may also limit access to the Platform for the offending User.

9. Promotional Codes and/or Other Offers or Discounts

Promotional codes and/or other offers or discounts offered through the Platform must be correctly entered in the application prior to placing the order; otherwise, their use will not be effective for the User and they will not be able to enjoy them.

Whenever a cancellation is initiated by Trainunm under the terms described in the following section, the Client will maintain the validity of the promotional code and/or other offers or discounts for future use. When the cancellation is initiated by the User, the provisions of the following section will apply.

Trainunm reserves the right to cancel promotional codes and/or other offers or discounts offered when it becomes aware of fraudulent use of them (e.g., redeeming a promotional code when one is not the legitimate recipient, mass transmission of codes, selling discounts or codes). It also reserves the right to apply sanctions to Users for the amount of the defrauded use to the Platform.

10. Right of Withdrawal and Cancellation of Services

In accordance with the nature of the service offered by Trainunm, when a client contracts a service offered by a professional, it is possible that it may be canceled at a later time, either by the Client or by the contracted Professional. Trainunm is not responsible in any way for the costs or problems arising from the cancellation of the service by either party to the contractual relationship, although, if the parties so wish and when Trainunm deems it appropriate, it may act as a mediating third party to resolve the dispute between them.

Trainunm reserves the right to offer any type of compensation, both to the Client and to the Professional, for the consequences of the cancellation of the service, being a discretionary act decided by Trainunm, without any obligation for the Platform. In the event that there is an error in the entry of the request data filled in by the Client as well as the quote made by the Professional, it will be the sole responsibility of these, thus exempting Trainunm.

Trainunm has official complaint forms available to the consumer, for the purpose of the service offered by Trainunm, in the official languages of the countries where Trainunm operates. To access one of these forms, the User must contact Trainunm via support@trainunm.com.

11. User Obligations

Users are fully responsible for accessing and correctly using their profile and other contents of the Platform subject to the current legislation, whether national or international, of the country from which they use the Platform, as well as to the principles of good faith, morality, good customs, and public order. Specifically, the User undertakes to diligently observe these General Conditions of Use.

Users are responsible for correctly entering individual, non-transferable, and sufficiently complex usernames and passwords, as well as not using the same username and password as on other platforms, all with the aim of protecting their account from fraudulent use by third parties outside the platform. Users shall refrain from using their profile and the rest of the Platform's contents for illicit purposes or effects that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect, or deteriorate the Platform, its contents, and its services. Likewise, it is prohibited to prevent the normal use or enjoyment of the Platform by other Users.

Trainunm cannot be considered editorially responsible, and expressly declares that it does not identify with any of the opinions that Users may express through the Platform, for whose consequences the issuer is entirely responsible.

Those who fail to comply with such obligations will be liable for any harm or damage they cause. Trainunm will not be liable for any consequence, damage, or harm that may arise from such access or illicit use by third parties.

In general, Users undertake, by way of example and not exhaustively, to:

Any User may report another User when they consider that they are breaching these General Conditions of Use. Likewise, all Users can inform Trainunm of any abuse or violation of these conditions, through the Contact Form. Trainunm will verify this report as soon as possible and will take the measures it deems appropriate, reserving the right to remove and/or suspend any User from the Platform for non-compliance with these General Conditions of Use. Additionally, Trainunm reserves the right to remove and/or suspend any message with illegal or offensive content, without the need for prior notice or subsequent notification.

12. User Unsubscription

The User may unsubscribe from the Platform by communicating it via email through the Contact Form or by writing directly to support@trainunm.com.

13. Trainunm's Responsibility

The User is responsible for having the necessary services and equipment for browsing the Internet and accessing the Platform. In the event of any incident or difficulty accessing the Platform, the User can inform Trainunm through the contact channels provided, which will proceed to analyze the incident and give instructions to the User on how to resolve it as soon as possible.

Trainunm does not control or is responsible for the contents posted by Users through the Platform, with Users being solely responsible for the legal adequacy of said contents. Trainunm will not be liable for service interruptions, connection errors, lack of availability, or deficiencies in the Internet access service, nor for interruptions of the Internet network or for any other reason beyond its control.

Trainunm is not responsible for security errors that may occur or for damages that may be caused to the User's computer system (hardware and software), files, or documents stored therein, as a result of:

14. Responsibility for Contents

Trainunm has no obligation to control the use that Users make of the Platform and, therefore, does not guarantee that Users use the Platform in accordance with these General Conditions of Use, nor that they do so diligently and/or prudently. Trainunm has no obligation to verify the identity of Users, nor the veracity, validity, completeness, and/or authenticity of the data they provide. Any reference to a "verified" Member (or other similar term) only indicates that said Member has completed the corresponding verification or identification process, but does not mean anything else. This type of description does not imply endorsement, certification, or guarantee by Trainunm about any Member, including the Member's identity or background or the fact that the Member is reliable, safe, or suitable. In the event that a third party other than the one who led to the profile verification accesses this verified account, with or without their consent, Trainunm will not be responsible for the damages caused, eliminating the responsibility for the veracity of the data provided as it is breaching these General Conditions of Use.

Trainunm excludes any liability for damages of any kind that may be due to the illicit use of the Platform by Users or that may be due to the lack of veracity, validity, completeness, and/or authenticity of the information that Users provide to other Users about themselves and, in particular, although not exclusively, for damages of any kind that may be due to the impersonation of a third party carried out by a User in any kind of communication made through the Platform. In particular, Trainunm is not responsible for the use of the application, as well as for reservations or services contracted by Users on the platform.

Notwithstanding the foregoing, Trainunm reserves the right to limit, totally or partially, access to the Platform to certain Users, as well as to cancel, suspend, block, or delete certain types of content, using technological instruments or keeping anonymized data stored to prevent misuse of the platform and/or the registration of unsuitable users, if it becomes aware that the activity or information stored is illicit or infringes the rights or property of a third party. In this regard, Trainunm may establish the necessary filters to prevent illicit or harmful content from being poured onto the network through the service. The provision of content by Users through the Platform will imply the assignment to Trainunm of all exploitation rights derived from the contents provided on the Platform.

In addition, to promote the Trainunm Platform and increase the exposure of Ads to potential clients, Ads and other Professional Content may be displayed on other websites, in applications, in emails, and in online and offline advertising.

15. "No Warranty" Clause in Service Provision

Trainunm does not offer any warranty regarding the authenticity, accuracy, novelty, reliability, legality, or non-infringement of third-party rights by Professionals. In this sense, Users declare that they understand that Trainunm is a technological platform, whose main activity is intermediation, that is, it connects Clients and Professionals, so it does not assume any responsibility derived from the information provided by Professionals or for damages or losses that may eventually be suffered due to non-compliance with these General Conditions of Use. Therefore, Trainunm will never be responsible for the availability of Professionals or the prices established by them, as well as for the provision of their services.

Trainunm does not make any confirmation or validate the identity and background of Professionals. Notwithstanding the foregoing, Trainunm may occasionally carry out additional checks and implement procedures aimed at helping to verify or check the identities of professionals, as may be the case with the verified profile. In this sense, when a User registers as a Professional, it simply means that said user has completed the corresponding registration process and has accepted these General Conditions of Use and any other particular conditions that may apply. It does not imply certification or endorsement of their reliability, suitability, and/or security by Trainunm.

Therefore, Trainunm recommends that Clients always use common sense and full attention when requesting a service from a particular Professional.

By being members of the Platform, Users accept that any legal liability they intend to exercise as a result of actions or omissions by other Users of the Platform or third parties will be limited to said Users or third parties, with no liability action being taken against Trainunm.

16. Taxes

As a Client contracting the services or Professional performing them, they are solely responsible for complying with the applicable tax legislation, both when charging for the services, to which the corresponding VAT or tax must be applied, and when declaring the income generated by the provision of the services performed.

Tax regulations may require us to collect the appropriate tax information from our Professionals, or to withhold taxes from payments to our Professionals, or both. If a Professional does not provide the required documentation in accordance with applicable laws (e.g., taxpayer number) to satisfy the obligation (if any) to withhold taxes from payments made to them, the Platform reserves the right to withhold payments of the amount that is relevant to meet the amount of taxes required by law, until the issue is resolved.

17. Update and Modification of the Platform

Trainunm reserves the right to modify, at any time and without prior notice, these General Conditions of Use, the Privacy Policy, and the Cookie Policy. Users must carefully read these General Conditions when accessing the Platform. In any case, acceptance of the General Conditions will be a prior and indispensable step to accessing the services and contents available through the Platform.

Likewise, Trainunm reserves the right to make, at any time and without prior notice, updates, modifications, or deletion of information contained on its Platform in the configuration and presentation thereof and of the access conditions, without assuming any responsibility for it. Trainunm does not guarantee the absence of interruptions or errors in accessing the Platform or its content, nor that it is always updated; however, Trainunm will carry out, provided that there are no causes that make it impossible or difficult to execute, and as soon as it becomes aware of the errors, disconnections, or lack of updating in the contents, all those tasks aimed at correcting the errors, re-establishing communication, and updating the contents.

18. Intellectual Property

Trainunm is the owner or licensee of all intellectual and industrial property rights included in the Platform, as well as the contents accessible through it. The intellectual property rights of the Platform, as well as: texts, images, graphic design, navigation structure, information, and contents contained therein are owned by Trainunm, which has the exclusive exercise of the rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication, and transformation, in accordance with Spanish legislation on intellectual and industrial property rights.

The authorization to the User for access to the Platform does not imply waiver, transmission, license, or total or partial assignment of intellectual or industrial property rights by Trainunm. It is not permitted to delete, circumvent, or manipulate in any way the contents of the Trainunm Platform. Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, treat, or distribute in any way all or part of the contents included in the Trainunm Platform for public or commercial purposes, without the express written authorization of Trainunm or, where appropriate, the holder of the rights to which it corresponds.

The User who proceeds to share any type of content through the Platform ensures that they hold the necessary rights to do so, exempting Trainunm from any liability for the content and legality of the information offered. The provision of content by Users through the Platform will imply the assignment to Trainunm, free of charge, and to the maximum extent permitted by current legislation, of the exploitation rights of intellectual or industrial property derived from such contents.

19. Independence of Clauses

If any of the clauses of these General Conditions were null and void or voidable, it will be considered as not placed. Such declaration of nullity will not invalidate the rest of the Contract, which will maintain its validity and effectiveness between the Parties.

20. Applicable Law

The relationship between Trainunm and the User, regardless of their geographical location, will be governed and interpreted in accordance with these General Conditions. Regarding interpretation, validity, and execution:

With this, Trainunm seeks to respect both European regulations and those of the countries in which its Users operate and guarantee the rights of each party.

21. Extrajudicial Conflict Resolution

Conflicts or controversies that take place outside the European Union will be subject to resolution by the Spanish Arbitration Court of the Chamber of Commerce, unless the mandatory legislation applicable in the User's country of residence establishes another jurisdiction or different provision for the resolution of consumer and user conflicts.

Likewise, for Users acting as consumers residing in the European Union, the possibility of using the European Union's online dispute resolution platform is informed, accessible through the following link: https://ec.europa.eu/consumers/odr.

Last updated: January 5, 2025