TERMS OF USE
1. OBJECT AND ACCEPTANCE
These Terms of Use (“Terms”) establish the general conditions of access,
use, licensing, and legal relationship between Enhance USA Technologies L.L.C
(hereinafter referred to simply as “ENHANCE”or “Platform”), a legal entity governed by private law, registered under No. 7628683 , with registered office
at the State of Delaware is 251 Little Falls Drive, City of Wilmington, County of New Castle, Delaware 19808, United States , and operating globally including through affiliates or operations in Dubai, United Arab Emirates (UAE),and the User, an individual or legal entity 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 provides an integrated digital ecosystem for:
a. Management of gyms and sports chains/owners (our CUSTOMERS), through SaaS (Software as a Service) software, allowing the registration and management of personal trainers linked to the gym or approved by ENHANCE, the control of workouts and activity plans provided by these professionals. Access to these functionalities is granted to gym chains and owners through a White Label supply contract (Powered by Enhance). Application for personal trainers allowing professionals to prescribe personalized workouts, monitor the physical evolution of end clients, manage schedules, and receive payments directly from final students, who, like registered professionals, are considered Users for the purposes of these Terms.
c. Internal marketplace, in which end clients can contract personalized plans, packages and services, choose registered professionals or licensed partners, as well as purchase complementary products and services.
By accepting these Terms, the User declares that:
- They have read, understood, and fully agree with the clauses described herein.
- They are aware of and in accordance with the Privacy Policy, Data Protection Policy (in compliance with the UAE Personal Data Protection Law (PDPL), Brazilian General Data Protection Law (LGPD), General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other applicable data protection laws), as well as other complementary policies of ENHANCE available on its official channels.
- They have the legal capacity to enter into this digital contract, being responsible for the veracity and updating of the data provided.
- They are at least 18 years old or have obtained verifiable parental or guardian consent if 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. Acceptance of these Terms constitutes a legally binding electronic contract under applicable laws, including the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and equivalent international standards.
The User acknowledges that ENHANCE:
- Operates exclusively as a provider of technological infrastructure, providing software licensing, applications, and digital environment for interaction between gyms, personal trainers, and end clients; - Is not an intermediary, agent, representative, partner, broker, guarantor, or co-responsible for the execution of services, the quality of training, the health of end clients, the fulfillment of financial or contractual obligations assumed between third parties;
- Does not assume any obligation of results in relation to physical activities, training plans, products, or services purchased through the Platform.
Users acknowledge that physical activities involve inherent risks, and ENHANCE is not liable for injuries or health issues. Users should consult a physician before engaging in workouts.
2. DEFINITIONS
- Platform: Digital ecosystem operated by ENHANCE, accessible via web interface, mobile application (iOS/Android) or API, intended for the management of gyms, personal trainers, and end clients, integrating scheduling, payment, communication, real-time performance metrics, analytical dashboards with revenue, churn, commissioning, and retention data, and also operating as a marketplace for the purchase of training packages and related products.
- Customer: Gyms/sports centres /personal trainers: Customers of ENHANCE’s SaaS, using backend features for personal and training management.
- Users:
Personal Trainers: Self-employed professionals or those linked to gyms, who use the app to create workout programs with an exercise library, dynamic prescription, chat, schedule, session metrics, financial gains, customer rating, and member retention.
- End Clients: People who use the Platform to hire plans, buy training packages, choose certified and insured personal trainers, with agreements in partner gyms or remote services.
- Personal Data: Data that identifies or makes identifiable a natural person (name, email, photos, health/fitness information, payment data, etc.), as per UAE PDPL, LGPD, GDPR, CCPA, and other applicable data privacy legislations. It includes information collected in face-to-face workouts, tracking via wearables, progress records, evaluations, and health history, according to ENHANCE’s Privacy Policy. - Health Data: Sensitive personal data relating to physical assessments, body composition, health history, fitness, frequency of training, and evolution, processed in accordance with applicable data protection regulations.
- Integrated Third Parties: External services integrated into the Platform (e.g., international payment gateways, authentication, wearables APIs, and performance monitoring, marketplace providers of products such as supplements and devices).
- Force Majeure: Unforeseeable and unavoidable events, including infrastructure failures, cyberattacks, network unavailability, natural disasters, pandemics, institutional strikes, legislative or regulatory changes that impact the operation of the Platform.
- ENHANCE App: Mobile software licensed by ENHANCE for gyms, personal trainers, and end clients, available for iOS and Android systems, which allows access to the Platform’s features remotely.
- User Content: Information, images, videos, reviews, workout data, feedback, and any materials uploaded, submitted, or shared by Users on the Platform, whether voluntarily or automated.
- Scheduling Services: Features that allow gyms and personal trainers to manage schedules, class bookings, cancellations, and rescheduling, including capacity limit control and check-in.
- ENHANCE Marketplace: Digital environment of the Platform that allows the acquisition of training packages, gym plans, and other services or products offered by personal trainers or commercial partners, without any interference or guarantee from ENHANCE as to quality or execution.
- Third-Party Integrations: Applications, APIs, and external services compatible with the Platform (such as wearables, monitoring systems, gym ERPs, digital marketing platforms), whose activity is the responsibility of therespective suppliers.
- Reporting and Analysis Environment: Dashboard for viewing activity, financial, and engagement metrics (such as customer retention, churn, commissioning, and revenue forecasting), made available by ENHANCE to Users for management support, without any professional consulting or advice character.
- Access Logs: Electronic records automatically generated by the Platform, which document interactions, accesses, changes, and transactions carried out by Users, for auditing, security, compliance, and dispute resolution purposes.
- Affiliate: Any entity that controls, is controlled by, or is under common control with ENHANCE.
- Confidential Information: Non-public information disclosed by one party to another, including business, technical, or financial data.
- Minor: A User under the age of 18, who must have parental or guardian consent to use the Platform.
- Service Level Agreement (SLA): ENHANCE’s commitment to aim for 99% uptime, excluding scheduled maintenance and force majeure events.
- Data Processor/Operator: Refers specifically to the role of ENHANCE as a “data processor” (under GDPR terminology) or “operator” (under LGPD terminology), meaning that ENHANCE processes personal data on behalf of and under the instructions of the Customers (gyms and personal trainers), who are the data controllers.
3. NATURE OF THE SERVICES
The Platform makes available, through a web interface, mobile application (iOS/Android), and APIs, the following services:
3.1. Software Licensing for Gyms and Sports Centers
- Software as a Service (SaaS) that allows gyms to manage personnel, workouts, frequency monitoring, check-in/check-out, in addition to generating analytical reports on operational, financial, and retention performance.
3.2. Personal Trainer App
- Dedicated tool for self-employed trainers or those linked to gyms, with functionalities for creating and dynamically distributing workouts, access to the multimedia library of exercises, real-time progress tracking, schedule management, communication via chat with end clients, issuing invoices and receiving payments, definition of commission, and reporting of earnings and retention.
3.3. Marketplace of Services and Products
- Internal environment to the Platform where end clients can purchase training plans, customized packages, equipment, complementary subscriptions, and select personal trainers based on profile, qualification, and performance evaluation. The Marketplace also allows gyms to offer agreements, certification programs, and related products.
3.4. Nature of ENHANCE Intermediation
- ENHANCE acts strictly as a technology provider, licensing the use of the software and offering infrastructure, integration with payment gateways, authentication APIs, and reporting.
- In the White Label model, the Platform can be customized with the visual identity of the contracting gym or sports center, allowing them to operate the system as their own solution, without any direct commercial link between ENHANCE and the end clients. Customizations remain owned by ENHANCE unless otherwise agreed.
- ENHANCE does not mediate, represent, or be responsible for the commercial, contractual, professional, or financial relationships entered into between academies, personal trainers, and end clients.
- It does not guarantee results, technical or professional quality of the training programs, compliance with contractual obligations, adequacy of physical routines, or health conditions of the Users.
- The responsibility for providing services, service, making payments, security, and legal compliance falls exclusively on the gyms and personal trainers who use the Platform, including when operating in a White Label model.
- ENHANCE 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 is not responsible for any obligation to reimburse, compensate, or guarantee, except in cases of exclusive and proven failure in its technological infrastructure.
- ENHANCE is not a healthcare provider and does not provide medical advice; the Platform is for informational and management purposes only.
3.5. Beta Features
- ENHANCE may offer experimental or beta features on an “as-is” basis without additional warranties or support.
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. The registration may include, but will not be limited to:
- Full name or corporate name;
- Identification documents (federal identification number, passport, as applicable);
- Valid email address and phone number for multi-factor authentication.
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. If biometrics are used, explicit consent will be obtained, and data will be processed securely. ENHANCE 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.
4.2. Verification and Compliance
ENHANCE may, at any time and at its sole discretion, carry out verification procedures (KYC – Know Your Customer), including requesting additional documents to confirm the veracity of the information. Some information will already be requested at the time of registration on the Platform, but additional documentation may be requested for compliance purposes.
ENHANCE reserves the right to refuse, suspend, block, or cancel registrations that:
- Present false, outdated, or incomplete information;
- Fail to comply with these Terms, the Privacy Policy, or other complementary policies;
- Involve relevant legal, regulatory, or interaction risks.
For age verification, Users under 18 must provide proof of parental consent.
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. 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. In the event of suspicion of unauthorized access, loss, or theft of credentials, the User must immediately report it to ENHANCE through official channels, being responsible for all activities carried out up to the moment of communication. Account recovery for forgotten passwords or suspected hacks will follow secure procedures, including identity verification.
4.4. Access and Monitoring Logs
All accesses, authentications, transactions, and changes made by the User on the Platform will be automatically recorded in electronic logs, with date, time, IP address, approximate geolocation, and device used. Logs will be retained for periods required by applicable laws. Such records may be used to:
- Ensure system security;
- Prevent fraud and improper access;
- Meet legal, regulatory, or judicial requirements;
- Serve as a means of evidence in judicial, administrative, or arbitration proceedings.
4.5. Safety and Good Practice
ENHANCE adopts security standards compatible with international best practices, but does not guarantee that the Platform will be free of vulnerabilities or unavoidable cyberattacks.
The User undertakes to:
- Use secure devices and networks when accessing the Platform;
- Keep systems and antivirus up to date;
- Not share credentials or allow unauthorized third parties to use their account.
4.6. Preventive Suspension for Safety Risk
ENHANCE may, without prior notice, temporarily suspend access whenever it identifies potential risk to the security of the Platform, attempted misuse, or indications of unauthorized access. The reactivation of the account will depend on the completion of the internal analysis and, if necessary, the submission of supporting documentation.
5. RESPONSIBILITIES OF CUSTOMERS/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 the UAE PDPL, LGPD, GDPR, and CCPA. Users must not use the Platform for non-fitness-related purposes, such as spamming or illegal activities.
5.1. Gyms and Sports Centers
- Keep registration data up to date and obtain, in advance, all necessary consents from end clients and attendees for the processing of personal and sensitive data.
- Fully comply with the tax, labor, consumer, and health obligations related to the establishment’s activity.
- Ensure the physical safety, integrity, and adequacy of the face-to-face services provided to end clients.
- Ensure that all processing of end clients personal data is in compliance with relevant legislation.
- Adopt appropriate technical and organizational measures for data protection, including exclusive communication through secure channels.
- Do not share end clients data with third parties without valid and documented consent.
- Obtain necessary insurance, such as liability coverage.
5.2. Personal Trainers
- Provide services independently, assuming full responsibility for contracts, training plans, technical guidelines, and any risks associated with theiractivities.
- Respect the professional, ethical, and health standards applicable to the activity, including regulations of class councils, when they exist.
- Ensure that all processing of end clients' personal data is in compliance with legislation.
- Adopt appropriate technical and organizational measures for data protection, including exclusive communication through secure channels.
- Do not share end clients data with third parties without valid and documented consent.
- Obtain necessary insurance, such as professional liability.
5.3. End Clients
- Provide accurate and up-to-date information on health history, physical restrictions, and training goals, exempting ENHANCE from any liability for omission or falsity of data.
- Evaluate the qualification of the professionals hired and the suitability of the services provided by the gyms or personal trainers.
- Comply punctually with the contracted payments.
- Report any adverse health events to their trainer immediately.
All Users:
- Must not engage in discriminatory, harassing, or abusive behaviour via chat, reviews, or other features.
- Are responsible for ensuring third-party integrations comply with their own privacy policies.
6. RESPONSIBILITIES OF ENHANCE
ENHANCE commits to:
- Make the Platform available with the contracted functionalities, including SaaS software licensing, application for personal trainers, and marketplace for contracting services.
- Employ reasonable information security standards, with encryption of data in transit and at rest, multi-factor authentication, and monitoring against unauthorized access.
- Perform preventive and corrective maintenance to keep the Platform functional, informing, whenever possible, about scheduled unavailability.
- Act as a Data Processor/Operator (or Processor under GDPR) for the purpose of performing the services, respecting the instructions of the
Controllers (gyms and personal trainers), in accordance with ENHANCE’s and Controller’s Privacy Policies.
- Provide customer support via email or in-app chat during business hours. ENHANCE, as a SaaS software provider, is not a party to the contractual relationships established between gyms, personal trainers, and end clients. Thus, it does not guarantee the quality, continuity, or results of the services provided by third parties, nor is it responsible for any default, cancellation, reversal, contractual divergence, or execution of services.
In addition, ENHANCE 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.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law:
- ENHANCE does not guarantee that the Platform will be free from errors, quantum computing, failures, interruptions, or cyber attacks, although it adopts reasonable technical measures to mitigate risks.
- ENHANCE shall not be liable for direct or indirect damages, loss of profits, loss of data, failures of integration with third-party systems, or any losses
arising from:
a. Poorly provided services by gyms, personal trainers, or partner suppliers;
b. Contractual or commercial disagreements between Users;
c. Misuse or unauthorized use of the Platform;
d. Force majeure or acts of God, including pandemics, massive infrastructure failures, or legislative/regulatory changes that impact services. If, despite the exemption clauses, ENHANCE 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 personal data protection laws (UAE PDPL, LGPD, GDPR, CCPA), 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.
This limitation applies exclusively to contractual failures or common actions on the Platform, such as temporary unavailability of the Platform, service interruptions, or technical failures unrelated to the processing of personal data. ENHANCE excludes liability for consequential, punitive, or exemplary damages.
8. DATA PROTECTION AND PRIVACY
ENHANCE processes personal data as an processor/operator, exclusively to enable the operation of the Platform, respecting the principles of purpose, necessity, adequacy, and transparency provided for in the UAE PDPL, LGPD, GDPR, CCPA, and other applicable data protection laws, in accordance with ENHANCE’s Privacy Policy.
Categories of Data Processed:
- Registration data (name, e-mail, telephone, identification documents);
- Health and physical evolution data voluntarily entered by the User or collected by the personal trainer;
- Data on use and interaction with the Platform (access logs, appointment records, communication history).
By registering an image, voice, photographs, videos, or any audiovisual material on the Platform, the User authorizes ENHANCE 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’s official channels, without retroactive effect on materials
already published before the revocation.
International Data Transfer: To ensure high availability and performance, ENHANCE 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., UAE, EU). When applicable, standard contractual clauses (SCCs), adequacy decisions, and other safeguards required by UAE PDPL, LGPD, GDPR, CCPA, and equivalent legislation will be adopted. No international transfer will take place without contractual and technical
safeguards in place. Data Subject Rights: Users may exercise rights to access, correct, delete, or port data via [please see Enhance USA Technologies L.L.C Privacy Policy],subject to verification and legal limitations. Registration and Auditing of Usage Logs: All accesses, transactions, and relevant changes made to the Platform are automatically recorded in audit logs, with User identification, date, time, and IP address, 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, or interactions for a continuous period of 24 (twenty-four) months. In such cases, ENHANCE may, upon thirty (30) days’ prior notice, 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. Procedures for Fraud and Account Blocking: ENHANCE may preventively suspend, block, or freeze accounts and transactions whenever there are:
- Suspicion or finding of fraud, misuse, or illicit activities;
- Registration inconsistencies not remedied;
- Judicial or administrative determination;
- Investigation in progress by competent authority. The release of the account will depend on the completion of the internal analysis or compliance with legal requirements. ENHANCE 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. For full details on data handling, including cookies and tracking, refer to ENHANCE’s Privacy Policy and Cookie Policy.
9. FINANCIAL TRANSACTIONS
All payments, collections, transfers, and other financial activities carried out through the Platform are processed exclusively by integrated third parties (payment gateways), duly licensed and responsible for compliance with applicable regulations, such as PCI-DSS and data protection regulations. ENHANCE does not store, manage, or have direct access to sensitive payment information (such as full credit card numbers or bank details), and such data is handled directly by partner payment providers. ENHANCE acts exclusively as a technology provider, providing the infrastructure for connection with third-party payment gateways, not performing, intermediating, or guaranteeing financial transactions between gyms, personal trainers, and end clients. Thus:
- It does not guarantee approval, effectuation, reimbursement, reversal, or compensation of amounts;
- It is not responsible for User default, failures in services contracted between gyms, personal trainers, and end clients, or for divergences in amounts charged;
- 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. In the event of a payment dispute, chargeback, or processing failure:
- The User must first contact the payment gateway used;
- ENHANCE may, at its discretion, assist in communication between the parties, but does not assume any obligation of mediation or guarantee of redress. Each User (gyms and personal trainers) is exclusively responsible for issuing invoices, collecting taxes, and complying with tax obligations arising from transactions carried out through the Platform. All transactions are in USD unless otherwise specified; Users bear any currency conversion fees. ENHANCE may require additional KYC for high-value transactions to comply
with anti-money laundering laws. Refunds for SaaS subscriptions follow a pro-rata basis.
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;
- Sharing, assigning, renting, or transferring access credentials to unauthorized third parties;
- 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;
- 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);
- Using bots, automated scripts, or any other mechanism that causes overload, performance degradation, or impairs the experience of other Users;
- Attempting to circumvent, disable, or circumvent security, authentication, or access control measures implemented by ENHANCE;
- Performing service, exchange of personal information, or sharing sensitive data through external channels not controlled by ENHANCE, except when authorized and audited by the Platform;
- Adopting means of communication that do not offer encryption, traceability, or audit logging for end clients service;
- Scraping or automating data extraction from the Platform;
- Violating U.S. export controls or using the Platform in sanctioned countries (for U.S. Users and Clients only). 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 for all damages, losses, or costs (including attorneys’ fees) arising therefrom.
11. ACCOUNT SUSPENSION, BLOCKING AND CANCELLATION
ENHANCE 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:
a. Determination of judicial or administrative authority;
b. Suspicion or finding of fraud, illicit activity, or attempted breach of the security of the Platform;
c. Registration inconsistencies not remedied;
d. Any form of misuse described in Section 10 or violation of these Terms and other supplemental policies;
e. Situations that expose ENHANCE to legal, regulatory, or image risk. The suspension or block does not generate compensation, compensation, or refund, and the reinstatement of the account will depend on the completion of internal checks and/or compliance with legal or contractual requirements.
The account may be canceled:
a. At the request of the User, provided that there are no pending financial issues or ongoing investigations; upon cancellation, Users may request data export in a standard format.
b. At ENHANCE’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.
12. TERM AND TERMINATION
These Terms remain in force for an indefinite period, taking effect from the electronic acceptance by the User. The User may terminate these Terms at any time, upon formal request,
provided that there are not:
- Financial issues;
- Ongoing contractual obligations;
- Ongoing administrative, judicial, or fraud investigations. The User is aware that ENHANCE 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;
- Essential data and records will be kept for as long as required by law, even
after account closure;
- If there are plans or contracted services in progress, it will be up to the User to resolve directly with gyms or personal trainers.
- Sections on Intellectual Property, Indemnification, Limitation of Liability, Data Protection, and Confidentiality survive termination.
13. AUDITING AND LOGGING
For security, fraud prevention, auditing, and compliance with legal obligations, ENHANCE performs the registration and traceability of all relevant activities on the Platform, including:
- Date, time, IP, approximate location, and device used in access;
- Financial transactions, scheduling, registration changes, and account movements;
- Logs of errors, failures, or attempts at improper access.
These records may be provided to the competent authorities upon formal request or used by ENHANCE as evidence in judicial or arbitration proceedings.
14. AVAILABILITY AND MAINTENANCE
ENHANCE adopts advanced high availability standards, including redundant servers, encrypted backups, and continuous monitoring to ensure Platform stability and performance.
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;
- Force majeure events, failures in third-party services, cyberattacks, or infrastructure problems outside of ENHANCE’s control;
- Changes required to improve or expand functionality.
Whenever possible, ENHANCE will carry out prior communication through the Platform itself, registered email, or other official channels about scheduled maintenance or foreseeable unavailability. For unexcused downtime exceeding SLA thresholds, ENHANCE may provide service credits.
ENHANCE is not responsible for financial loss, business interruption, loss of data, or any indirect damage resulting from any periods of unavailability, except in the event of an exclusive and proven failure of its infrastructure.
15. INTELLECTUAL PROPERTY
All elements of the Platform, including, but not limited to: source code, software architecture, APIs, layout, graphic design, trademarks, logos, functionalities, recommendation algorithms, analytical reports, metrics dashboards, database, and multimedia content, are the exclusive property of ENHANCE. It is expressly forbidden for the User, without prior and express authorization
from ENHANCE:
- To copy, reproduce, modify, create derivative works from, translate, decompile, reverse engineer, or in any way economically exploit the Platform;
- To use ENHANCE’s trademarks, trade names, domains, slogans, 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.
The use of the Platform grants the User only a limited, revocable, non-exclusive, and non-transferable license to access and use the functionalities, not implying any assignment of intellectual property rights. Users grant
ENHANCE a non-exclusive, royalty-free license to User Content for Platform operation.
The unauthorized use or violation of these rights may give rise to judicial, administrative, and criminal measures. ENHANCE complies with the Digital Millennium Copyright Act (DMCA); report infringements to
[Privacy@enhancetech.io].
16. INDEPENDENCE OF THE PARTIES
The use of the Platform does not establish any corporate, labor, partnership, joint venture, mandate, representation, or joint liability between ENHANCE, gyms, personal trainers, or end client. Each party remains fully independent and autonomous in its activities and obligations, including tax, regulatory, labor, social security, consumer, or
sanitary. ENHANCE does not act as an intermediary, broker, guarantor, or guarantor of the contractual, financial, or professional relationships between gyms, trainers, and students, nor does it have any interference in the pricing, quality, or execution of the services provided by third parties.
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;
- Results, performance, continuity, or profitability arising from use;
- Quality, availability, or security of integrations with third-party services.
ENHANCE does not warrant that the Platform:
- Will operate without errors, failures, viruses, or interruptions;
- Will meet all the specific expectations or needs of the Users;
- Will be compatible with all devices, systems, activities, or browsers.
18. INDEMNIFICATION
Users agree to indemnify, defend, and hold harmless ENHANCE, its affiliates, managers, employees, and partners from any claims, losses, damages, costs, or expenses (including attorneys’ fees) arising from:
- Misuse, illicit, or unauthorized use of the Platform;
- Violation of these Terms, the Privacy Policy, or the rights of third parties;
- Litigation, claims, demands, or obligations arising from commercial or professional relationships between gyms, personal trainers, and end clients;
- 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.
19. UPDATING AND MODIFICATION
ENHANCE may, at any time, change, update, or supplement these Terms of Use to:
- Reflect legal, regulatory, or privacy and security policy changes;
- Incorporate new services, functionalities, or integrations;
- Adjust clauses to improve clarity, legal protection, and compliance with best practices. The changes will take effect immediately from the publication on the Platform. Whenever there are material changes, ENHANCE will notify Users by email, in-app push notification, or banner on the Platform.
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.
20. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the State of Delaware, United States of America, without regard to conflict of laws principles. However, for Users in the UAE, EU, Brazil, or other jurisdictions, mandatory local laws shall apply where required. Exclusive jurisdiction for disputes shall be in the federal or state courts located, 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 American Arbitration Association (AAA), or in small claims court for minor issues. Arbitration shall be conducted in [Specify Location], in English. No class actions or representative proceedings are permitted. Parties waive the right to a jury trial.
22. SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, 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.
23. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any other referenced policies, constitute the entire agreement between the parties, superseding all prior agreements or understandings.
24. ASSIGNMENT
ENHANCE may assign these Terms or any rights hereunder without User consent, including to affiliates or in connection with a merger or acquisition. Users may not assign without ENHANCE’s prior written consent.
25. NOTICES
Notices to Users will be sent via email to the address on file or through the Platform. Notices to ENHANCE must be sent to [privacy@enhancetech.io]. Notices are deemed received 24 hours after sending.
26. CONTACT
Enhance USA Technologies L.L.C
Registered Office: Company in the State of Delaware is 251 Little Falls Drive, City of Wilmington, County of New Castle, Delaware 19808, United States Operations in Dubai, UAE:Ibn Battuta Gate Building - Jebel Ali Village - Dubai
Email: privacy@enhancetech.io
Website: https://www.enhancetech.io/
Last updated on: 29th July 2025