Terms of Use

Please read these Terms of Use ("Terms") carefully before using the Treino mobile application (the "App") and the associated website at treino.app (the "Site"), operated by MDSLabs ("we", "our", or "us").

By downloading, installing, or using the App, or by accessing the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App or Site.

1. Eligibility

You must be at least 13 years of age (or 16 years of age if you are located in the European Economic Area) to use the App. By using the App, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into a binding agreement. If you are under 18, you represent that your parent or legal guardian has reviewed and consented to these Terms.

2. Account Registration

To access certain features of the App, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Promptly notify us if you discover or suspect any unauthorized use of your account.
• Take responsibility for all activities that occur under your account.

We reserve the right to disable any account, at our sole discretion, if we believe you have violated these Terms.

3. License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App solely for your personal, non-commercial purposes on devices you own or control.

This license does not include the right to:

• Copy, modify, distribute, sell, or lease any part of the App or its content.
• Reverse engineer or attempt to extract the source code of the App.
• Use the App or Site in any way that violates applicable local, national, or international law or regulation.
• Access or attempt to access the App's underlying systems, databases, or infrastructure without authorization.
• Use automated tools (bots, scrapers, crawlers) to interact with the App or Site without our express written permission.

4. User Content

The App allows you to create, store, and manage workout data including routines, exercises, sets, repetitions, and weights ("User Content"). You retain ownership of your User Content.

By submitting User Content to the App, you grant us a limited, worldwide, royalty-free license to store, process, and display your User Content solely as necessary to operate and improve the App for you.

You represent and warrant that:

• You own or have the necessary rights to your User Content.
• Your User Content does not violate any third-party rights (including intellectual property rights or privacy rights) or any applicable law.

5. Prohibited Conduct

You agree not to use the App or Site to:

• Violate any applicable law, regulation, or third-party rights.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Attempt to gain unauthorized access to any portion of the App or Site, or any systems or networks connected to the App.
• Introduce viruses, malware, or any other harmful or disruptive code into the App or Site.
• Collect or harvest any personal information of other users without their consent.
• Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the App.
• Use the App for any commercial purpose or for any public display (commercial or non-commercial) without our prior written consent.

6. Health and Safety Disclaimer

The App is not a medical device and does not provide medical advice. The workout data, training suggestions, and progress information provided through the App are for informational and personal tracking purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment.

Before beginning any new exercise program, you should consult a qualified healthcare provider, especially if you have a pre-existing medical condition, injury, or health concern. By using the App, you acknowledge that physical exercise carries inherent risks and that you assume all risks associated with your use of the App in connection with your physical training activities.

We are not responsible for any injury, harm, or damage that may result from following workout data or routines logged or managed through the App.

7. Intellectual Property

The App, Site, and all content, features, and functionality therein — including but not limited to text, graphics, logos, icons, images, and software — are and remain the exclusive property of MDSLabs and its licensors. They are protected by copyright, trademark, and other intellectual property laws.

"Treino" and the Treino barbell logo are trademarks of MDSLabs. You may not use them without our prior written permission.

8. Third-Party Services

The App may integrate with or link to third-party services (such as the Apple App Store, Google Play, Apple Sign-In, or Google Sign-In). Your use of those services is governed by their own terms of service and privacy policies. We are not responsible for the practices of third-party services.

9. Fees and Payments

The App is currently offered free of charge. We reserve the right to introduce paid features or subscriptions in the future. If we do, we will provide advance notice and you will have the opportunity to review any applicable fees before being charged. All payments for premium features, if introduced, will be processed through the Apple App Store or Google Play Store and will be subject to their respective payment terms.

10. Termination

We reserve the right to suspend or terminate your access to the App at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

You may terminate your account at any time by going to Settings → Account → Delete Account within the App, or by contacting us at contacto@mdslabs.cl. Upon termination, your right to use the App will immediately cease.

Sections 6 (Health and Safety Disclaimer), 7 (Intellectual Property), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), and 14 (Governing Law) survive termination of these Terms.

11. Disclaimer of Warranties

THE APP AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any content available through the App.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MDSLABS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP OR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless MDSLabs and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses — including reasonable legal fees — arising out of or in any way connected with (a) your access to or use of the App or Site; (b) your User Content; or (c) your violation of these Terms or any applicable law.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Chile, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the App that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts located in Santiago, Chile. You consent to personal jurisdiction and venue in such courts.

Notwithstanding the foregoing, nothing in these Terms prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

15. Changes to These Terms

We may revise these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify you through the App or via your registered email address. Your continued use of the App after the revised Terms are posted constitutes your acceptance of the changes.

If you do not agree to the revised Terms, you must stop using the App and delete your account.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and MDSLabs regarding your use of the App and Site and supersede all prior agreements.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may freely assign these Terms.

17. Contact Us

If you have any questions about these Terms, please contact us at:

MDSLabs
contacto@mdslabs.cl
mdslabs.cl