Terms of Service

Effective Date: February 1, 2026 | Last Updated: February 4, 2026

These Terms of Service (“Terms”) govern your use of the Track and Train mobile application and website at trackandtrain.app (the “Services”), operated by Your IT On Call LLC (“we,” “us,” “our”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility and Account Registration

1.1 Age Requirement

You must be at least 13 years old (or 16 in the EU) to use the Services. Users under 18 require parental or guardian consent.

1.2 Invitation-Only Registration

Account creation requires an invitation from a personal trainer who has added you as a client. You cannot register independently. By accepting an invitation, you confirm you are a client of that trainer.

1.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized use of your account at our support email.

2. Use of the Services

2.1 Permitted Use

You may use the Services for personal, non-commercial purposes to track fitness activities, communicate with your trainer, and receive training-related notifications.

2.2 Prohibited Conduct

You agree not to:

• Violate any applicable laws or regulations
• Impersonate any person or entity
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Services or other users' accounts
• Use the Services to harass, abuse, or harm others
• Scrape, data-mine, or reverse-engineer the Services
• Share your account credentials with others

2.3 Trainer Responsibilities

If you are a personal trainer using the Services, you agree to:

• Invite only your actual clients
• Maintain professional and ethical conduct
• Comply with applicable fitness and health regulations
• Protect your clients' personal information
• Obtain necessary consents and waivers from clients

3. SMS and Notifications

3.1 Consent

SMS notifications are optional. By enabling SMS in your Notification Preferences, you consent to receive service-related text messages. You may opt out at any time (Settings → Notification Preferences or reply STOP).

3.2 Fees

Standard message and data rates from your mobile carrier may apply. We do not charge for SMS, but your carrier may.

3.3 SMS Privacy

See our SMS Privacy Policy for full details.

4. User Content and Intellectual Property

4.1 Your Content

You retain ownership of the fitness data, photos, messages, and other content you upload (“User Content”). By submitting User Content, you grant us a limited, non-exclusive, royalty-free license to store, process, and display your User Content solely to provide the Services.

4.2 Trainer Access

Your trainer can view User Content you share within the App. You are responsible for the accuracy and legality of your User Content.

4.3 Our Intellectual Property

The Services, including the App, website, logos, design, and underlying software, are owned by Your IT On Call LLC and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

5. Health and Fitness Disclaimer

5.1 Not Medical Advice

The Services are for informational and tracking purposes only and do not constitute medical, health, or fitness advice. Consult a qualified healthcare provider before beginning any fitness program.

5.2 Trainer-Client Relationship

The Services facilitate communication between you and your trainer but do not create a trainer-client relationship between you and Your IT On Call LLC. Your trainer is an independent professional responsible for the training services they provide.

5.3 Assumption of Risk

You acknowledge that physical activity carries inherent risks. You assume all risks associated with using the Services and following any training plans, and you release Your IT On Call LLC from any liability for injuries or damages.

6. Privacy and Data Protection

Your use of the Services is also governed by our Privacy Policy. By using the Services, you consent to our collection, use, and sharing of information as described in the Privacy Policy.

7. Termination

7.1 By You

You may delete your account at any time (Settings → Account → Delete Account). Deletion is permanent and cannot be undone.

7.2 By Us

We may suspend or terminate your access to the Services at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent, harmful, or illegal activity
• Non-payment (if applicable)
• Prolonged inactivity

7.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We will delete your data in accordance with our Privacy Policy (typically within 90 days), except for records we must retain for legal or audit purposes.

8. Disclaimers and Limitation of Liability

8.1 “AS IS” Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR IT ON CALL LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so the above may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Your IT On Call LLC and its affiliates from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

10. Dispute Resolution and Governing Law

10.1 Governing Law

These Terms are governed by the laws of North Carolina, USA, without regard to conflict of law principles.

10.2 Arbitration

Any dispute arising out of these Terms shall be resolved by binding arbitration in Wake County, North Carolina under the rules of the American Arbitration Association, rather than in court. You waive your right to a jury trial or to participate in a class action.

11. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated “Effective Date.” Material changes will be communicated via email or in-app notification. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

12. Miscellaneous

12.1 Entire Agreement

These Terms, together with our Privacy Policy and SMS Privacy Policy, constitute the entire agreement between you and Your IT On Call LLC regarding the Services.

12.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

12.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

13. Contact Us

If you have questions about these Terms, contact us: