Terms of Service

1. Provider and acceptance

This website and the Ergox platform (the “Platform”) are operated by MRS Studio LLC, a Limited Liability Company (LLC) formed and registered under the laws of the State of Delaware, United States, referred to below as “Ergox” or “we”.

By creating an account, purchasing a subscription or otherwise using the Platform, you confirm that you have read, understood and accepted these Terms of Service in full, together with our Privacy Policy and our Refund & Cancellation Policy, both of which form an integral part of this agreement.

If you do not agree with any part of these Terms, you must not use the Platform.

You must be at least 18 years old and legally able to enter into a binding contract. If you are contracting on behalf of a company or a studio, you represent that you have authority to bind it.

2. Description of the service

Ergox is a software-as-a-service (SaaS) platform built for personal trainers, nutritionists and coaches (the “Professional”) to run their practice. The Platform consists of:

• A web application for the Professional, used to manage their client roster, build and assign training programs, create nutrition guidance, review progress and communicate with clients.
• A mobile application for the Professional’s clients (iOS and Android), where they receive their programs and guidance, log workouts and meals, record progress and send feedback.
• AI-assisted features that speed up repetitive work, such as generating and structuring training programs or analysing meal photos.

Ergox provides the software. It does not provide training, nutrition, health or medical services, and it is not a party to the contractual relationship between the Professional and their clients.

We may modify, extend or discontinue features of the Platform. Where a change removes a material feature of a plan you have purchased, we will give you reasonable prior notice.

3. Health disclaimer and professional responsibility

The Professional is solely responsible for the training programs, nutrition guidance and recommendations they assign to their clients, and for holding the qualifications, licences and registrations required to practise in their jurisdiction.

Suggestions produced by AI features are an indicative starting point and must be reviewed, validated and adjusted by the Professional before being assigned to any client. The Professional remains responsible for the content they ultimately deliver.

End users should consult a physician before starting any exercise program or nutrition plan, particularly if they have pre-existing conditions or injuries, are pregnant, or are undergoing treatment.

4. Accounts and conditions of use

To use the Platform you must create an account with accurate, complete and current information. You are responsible for keeping your credentials confidential and for all activity carried out under your account. You must notify us immediately of any unauthorised use.

Permitted use

You are granted a limited, personal, revocable, non-exclusive and non-transferable licence to use the Platform to run your professional practice, in accordance with these Terms.

Prohibited use

The following are expressly prohibited:

• Reselling, sublicensing, renting or otherwise transferring access to the Platform to third parties outside your account, or sharing credentials between several professionals.
• Reverse engineering, decompiling, disassembling or otherwise attempting to derive the source code of the Platform.
• Using automated systems (bots, scrapers, crawlers) to extract data or place artificial load on the infrastructure.
• Circumventing or attempting to circumvent security measures, accessing other users’ accounts, or accessing data you are not authorised to access.
• Uploading unlawful, defamatory or discriminatory content, content that infringes third-party rights, or content containing malicious software.
• Using the Platform for purposes other than those intended, or in any way that breaches applicable law.

Breach of this clause entitles us to suspend the account immediately, without prejudice to any legal action.

5. Data belonging to the Professional’s clients

When the Professional onboards their clients onto the Platform, the Professional acts as the data controller for those clients’ data and Ergox acts as a data processor on the Professional’s behalf.

The Professional undertakes to hold the legal basis and consents required to bring their clients’ data onto the Platform — particularly health data — and to inform those clients about the processing as required by applicable law.

Processing details, purposes, retention periods and data subject rights are described in the Privacy Policy.

6. Pricing, subscription and payment terms

Access to the Platform is sold on a recurring subscription basis, billed monthly or annually depending on the plan you purchase. The price, billing frequency and scope of the plan are disclosed to you in writing before you confirm your purchase and before any charge is made.

Free trial

Your subscription may include a 14-day free trial. No charge is made during the trial. If you do not cancel before it ends, the subscription activates automatically and the first charge is issued for the plan you selected. We will notify you before the trial expires.

Automatic renewal

Subscriptions renew automatically at the end of each period (monthly or annual) for an equivalent period and are charged to your registered payment method until you cancel. By purchasing, you expressly authorise these recurring charges.

Payment methods

Payments are processed by Stripe, Inc., a PCI DSS certified payment service provider. Ergox does not store your full card details; that information is handled directly by the payment processor.

Failed payments

If a charge is declined, we will retry it and notify you. If the balance remains unpaid, we may suspend access to the Platform until it is settled. Your data will be retained for the period stated in the Privacy Policy before any deletion.

Price changes

We may change plan pricing. Any change will be communicated at least 30 days in advance and will only apply from your next renewal, so that you can cancel before the new price takes effect.

Taxes

Prices are stated exclusive of any taxes, duties or withholdings applicable in your jurisdiction, which will be added where required.

7. Cancellation and refunds

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period: you keep full access until that date and no further charges are made.

We offer a 7-day money-back guarantee counted from your first actual charge. Conditions, procedure, exceptions and processing times are set out in the Refund & Cancellation Policy, which forms part of these Terms.

8. Intellectual property

Ergox ownership

The Platform, its software, source code, databases, design, interfaces, text, graphics, the Ergox trademark, its logo and all associated distinctive signs are the exclusive property of Ergox or its licensors, and are protected by applicable intellectual and industrial property law.

These Terms transfer no ownership rights in the Platform to you — only the licence to use it described above. Reproducing, distributing, publicly communicating or transforming any element of the Platform without our prior written authorisation is prohibited.

Your content

You retain ownership of all content you upload to the Platform (programs, guidance, text, images, video and your clients’ data). By uploading it, you grant us a limited, worldwide, royalty-free licence to host, reproduce and process it for the sole purpose of providing the service to you.

This licence ends when you delete the content or close your account, save for backups already generated or where a legal retention obligation applies.

We do not use your content or your clients’ data to train third-party artificial intelligence models.

9. Service availability

We make reasonable efforts to keep the Platform continuously available, but we do not warrant uninterrupted or error-free operation.

We may carry out scheduled maintenance, which we will aim to announce in advance and perform during low-impact windows. The service may also be affected by causes outside our reasonable control, including infrastructure or connectivity provider failures and force majeure events.

10. Limitation of liability

To the maximum extent permitted by applicable law:

• The Platform is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability or fitness for a particular purpose.
• Ergox shall not be liable for indirect, incidental, special, punitive or consequential damages, nor for loss of profits, goodwill, data or business opportunity.
• Ergox is not responsible for the training or nutrition services the Professional provides to their clients, nor for injury, damage or loss arising from programs or guidance managed through the Platform.
• Ergox’s total aggregate liability to you, on any basis, shall not exceed the amount you actually paid in the twelve (12) months preceding the event giving rise to the claim.

11. Indemnity

You agree to indemnify and hold harmless Ergox, its officers, employees and contractors from any claim, demand, penalty, damage or expense (including reasonable legal fees) arising from: (i) your use of the Platform in breach of these Terms; (ii) content you upload; (iii) the professional services you provide to your clients; or (iv) your breach of the law applicable to your practice.

12. Suspension and termination

You may close your account at any time in accordance with the Refund & Cancellation Policy.

We may suspend or close your account, with or without notice depending on severity, if you breach these Terms, if you use the Platform in a way that may harm other users or the infrastructure, or where a legal obligation requires it.

Following termination, you may request an export of your data during the period set out in the Privacy Policy, after which we will delete or anonymise it.

13. Changes to these Terms

We may update these Terms to reflect legal, technical or service changes. The version in force is always published on this page, with its effective date and version number.

For material changes we will notify you by email or through a prominent notice in the Platform at least 30 days in advance. Continued use of the service after the effective date constitutes acceptance of the new version. If you do not agree, you may cancel your subscription before that date.

14. Governing law and jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, excluding its conflict-of-laws rules.

Before commencing any action, the parties agree to attempt an amicable resolution for a period of thirty (30) days from written notice of the dispute sent to soporte@ergox.io.

Failing agreement, the parties submit to the jurisdiction of the state and federal courts located in the State of Delaware, without prejudice to any mandatory venue available to you if you are contracting as a consumer.

15. General provisions

• Entire agreement: these Terms, together with the Privacy Policy and the Refund & Cancellation Policy, constitute the entire agreement between the parties regarding the Platform.
• Severability: if any clause is held void or unenforceable, the remainder stays in full force.
• Waiver: failure to exercise a right does not constitute a waiver of it.
• Assignment: you may not assign your contractual position without our prior written consent. We may assign it in the context of a corporate reorganisation, merger or sale of assets, on notice to you.

16. Contact

For any question about these Terms of Service, you can reach us at:

• Email: soporte@ergox.io
• Website: ergox.io