HossTrainTerms of Service
Draft. These terms cover the HossTrain beta and are being reviewed by a lawyer. Sections still being finalised say so. During the beta the Beta Participation Agreement also applies.
1. Who these terms are between
Between you and HossTrain LLC (“we”, “us”), of PO Box 1063, Oak Creek, CO 80467, United States. Contact us at support@hosstrain.com.
There are two kinds of user, and the difference matters throughout.
- A school is the customer. A school signs up, pays us, and decides what happens inside its own account.
- A member is a student or instructor of a school. A member’s account is created by their school, or by joining with a code the school issued.
Where a term applies to only one of them, it says which.
2. What the service is
Software for running a martial arts or fitness school: rosters, grading, attendance, timetables, a curriculum and video library, live and recorded classes, billing, and tools members use to track their own training.
It is software, not instruction. What is taught, how it is taught, and whether it is safe to teach is the school’s responsibility and the instructor’s. We provide the tool.
3. Accounts
You must give accurate details and keep your password to yourself. You are responsible for what happens under your account.
Age. The beta is open to people 18 and older. Inside the app, a member under 18 is treated as a minor, worked out from their date of birth, and a member whose date of birth we do not have is treated as a minor until we do.
Schools are responsible for their members. A school that creates accounts for its members confirms it is entitled to hold their details and, for anybody under age, that it has whatever consent the law where it operates requires.
Guardians. A school can link a parent or guardian to a child’s account. A linked guardian can read the child’s private messages and competition results until the child turns 18, and cannot see the child’s own health records. The Privacy Policy sets out exactly what a guardian can see.
Being finalised. The minimum age to hold an account is being settled with our lawyer.
4. What you and your school own
Your school’s content stays your school’s. Curriculum, syllabus, videos, notes and records a school puts in are the school’s. We do not claim ownership. We store and serve it so the app can do its job, and we do not use it to train anything or sell it to anybody.
What you record about yourself is yours. Your training log, your food diary, your check-ins and your marks on the body map belong to you, are private to you, and are deleted when you delete your account.
Class recordings belong to the school that made them, including where you appear in one. That is why they survive your account being deleted; see the Privacy Policy.
You must have the right to upload what you upload. Do not put somebody else’s video, book or photographs into the app without permission.
5. Paying
A school pays us. Plans, allowances and rates are as published at signup. Fees are taken through Stripe; card details are entered on Stripe’s pages and never reach us.
A member pays their school, not us. Where a school collects dues through the app, that money is between the member and the school. We pass it through; we do not set it, and the school is who to ask about it.
Nothing is bought inside the app. Every payment happens on Stripe’s own pages in a browser.
Beta. There is no monthly charge during the beta. Anything a school pays, during the beta or after it, is on the terms it was offered when it joined, and nothing starts charging without the school agreeing to it first.
Cancelling. A school can cancel at any time. There are no refunds. Data is kept for thirty days after cancellation, is exportable throughout, and is deleted afterwards. The school is warned twice before that happens.
6. Acceptable use
Do not use the service to break the law, harass anybody, upload material you have no right to, or interfere with how it runs. Do not try to reach another school’s data.
Instructional content. Martial arts instruction describes techniques that can injure. Some material is restricted to members of a school at a grade the school sets. Do not redistribute a school’s material outside it.
7. What this is not
Not medical advice. The health and fitness tools (check-ins, food diary, body measurements, the body map) are for your own notes. The body diagram is a drawing, not you: a mark on it means “about here”. Nothing in the app is a diagnosis, and nothing in it is a substitute for a doctor. If something hurts, ask a professional.
Not a guarantee of safety. Training is physical and carries risk. Whether you are fit to train is between you, your instructor and your doctor.
Not a substitute for your school’s own records where the law requires a school to keep them.
8. Availability
We work to keep it running and we do not promise it never breaks. We may change or remove features. Where a change would lose a school data or money, we will give notice first.
9. Ending it
A school may leave at any time; a member may delete their account at any time, in the app. We may suspend an account that breaks these terms, and where it is not serious we will say what is wrong first.
10. Liability
The service is provided as it is. Especially during the beta, we do not promise that it will be uninterrupted or free of errors, or that information in it will be accurate or will never be lost. To the extent the law allows, we disclaim implied warranties, including merchantability, fitness for a particular purpose and non-infringement.
Limits. To the extent the law allows, HossTrain LLC is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from use of the service. Our total liability for any claim relating to the service is limited to the greater of the amount you paid us in the 12 months before the claim arose, or US $100.
Training. Classes, and injuries that happen in training, are the responsibility of the school and its instructors. HossTrain provides software for running a school; it does not run, supervise or teach classes.
What these limits do not cover. Nothing in these terms limits or excludes liability for gross negligence, wilful misconduct or fraud, or any liability that cannot be limited or excluded under applicable law.
11. Governing law
These terms are governed by the laws of the State of Colorado, United States.
12. Changes
We will change the date at the top and, where a change matters, tell you in the app before it takes effect.
Contact
HossTrain LLC, PO Box 1063, Oak Creek, CO 80467, United States. support@hosstrain.com