Coach Ivo Cruz Terms and Conditions

1. WHO WE ARE

Coach Ivo Cruz (CIC) offers a variety of services targeted at sports enthusiasts and athletes through our online training services (“Services”). The CIC services are available through the Site (https://www.coachivocruz.com).

2. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT

These Terms of Use (“Terms of Use” or “Terms”) constitute a binding agreement between us and you and governs access to and use of our Site and Services. We allow access to the Site and Services only if you agree to the Terms presented herein. Please read the Terms carefully. By accessing and using our Site and Services in any manner, you agree to be bound by these Terms and are aware that your information may be processed in accordance with our Privacy Policy. If you do not accept being bound by these Terms, you should not access or use our Site and Services. The materials on this Site are protected by applicable copyright and trademark laws.

We reserve the right to change these Terms and our Privacy Policy. We may also change, suspend, or terminate access to all or any part of the Site and Services at any time, at our sole discretion. It is your responsibility to periodically review these Terms.

We may also require compliance with additional rules, standards, or terms and conditions (“Additional Terms”) to access and use certain features of the Site and Services, to participate in certain promotions available on the Site, or to receive other Services. Any Additional Terms you agree to on the Site or with the Services supplement these Terms of Use. If any Additional Terms differ from the terms of these Terms, the Additional Terms will take precedence over these Terms, but only with respect to the matters governed by the Additional Terms.

3. INDIVIDUAL REPRESENTATION

BY ACCESSING AND/OR USING ANY PART OF OUR Site OR Services, YOU ACKNOWLEDGE AND UNCONDITIONALLY AND EXPRESSLY ACCEPT THAT: (A) YOU HAVE READ AND UNDERSTOOD THESE TERMS; (B) YOU UNDERSTAND THAT YOU ARE BOUND BY THESE TERMS; AND (C) YOU WILL COMPLY WITH THESE TERMS AND ANY OTHER APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OR ACCESSING THIS SITE.

4. PRIVACY & USE OF DATA

We collect, preserve, process, use and disclose, directly and through our services, different types of data to offer you the Site and the Services. Subject to the terms and information contained in our Privacy Policy, you grant us permission to access, review, analyze, collect and use and disclose your personal data (including sensitive information) collected during your use of our Site and Services.

5. LICENSE TO USE THE SITE AND SERVICES

Subject to these Terms, we grant you a license to access and use our features, tools, content and information provided on our Site and/or Services with the purpose of obtaining information about athletes, training and monitoring the training, communicating with us, reviews of our Services and participation in promotions that may be offered on the Site. The Site or Services must not be used in any other ways than those originally intended without first obtaining written authorization from us. If you desire broader rights than those offered in a given Service, contact us to request authorization for change. Any license granted to you to use the Site and Services is limited to you and must not be granted to others.

6. COACH LIABILITY DISCLAIMER

Throughout our Site and Services, there are various contents provided by credited coaches in the area. You acknowledge that you are fully responsible for the selection of any provided content and for the supervision, training and monitoring you receive from the Coach. We are not responsible for any Service or Coach, regardless of whether they use the tools made available by us to assist them in providing you with any Service. We do not have control, are not responsible, and do not provide support or maintenance to any Service or tool used by the Coach. Apart from these Terms of Use, your access and use of any Service may be subject to any other agreement you have entered into (or will enter into) with your Coach in addition to these Terms. However, these Terms of Use will continue to apply during your use of the Site and Services. Any agreement with the Coach will be applied separately from any Service provided under these Terms of Use.

7. SERVICES & SUBSCRIPTIONS

We design various types of Services that provide different content for different types of Site users.

We reserve the right to modify and/or remove service, or subscription offers according to our exclusive criteria with or without notice.

When purchasing any service or subscription, you confirm that all information you provide at the time of purchase is true, valid, and complete, and you will update your data whenever you use the Site's features and its services and subscriptions, thereby keeping them true, valid, and complete.

• Standardized Programs give you access to pre-created training programs for different competition distances and fitness levels. Standardized Programs do not feature any functionality or characteristics available in other services listed below.

• Individualized Programs give you access to training programs created based on completing a form or meeting with the Coach. Individualized Programs are tailored to the individual's goals, fitness, routine/schedule, and target competition. Individualized Programs do not share all functionalities and features available in other services listed below.

• Online Coach gives you access to training programs created based on completing a form or meeting with the Coach, as well as individualized coaching by the Coach in managing the training program. Depending on the package purchased, you have access to various benefits such as Psychometric Analyses, VO2 max Test, Heart Rate Variability Analyses, Pre-Competition Strategy, Communication with the Coach, etc. You can switch the type of service or subscription purchased by contacting us via email or phone. Please review the Terms of Use and Privacy Policy to understand how changing the service or subscription type affects your access to the benefits of each package and payments.

8. PAYMENT OF SERVICES AND SUBSCRIPTIONS

• Standardized Programs and Individualized Programs. You are required to pay in advance the cost of the training program for duration, competition type, and selected fitness level before gaining access to the training program file. All costs are paid in advance, unless otherwise specified. You are free to stop using the training program at any time. We will not offer any refunds after the term of the training program ends or your usage stops; however, you will continue to have access to the training program even after its duration ends.

• Online Coach. You are required to pay in advance the cost of the selected online coach package based on the benefits it offers before accessing the training program file. The package cost can be paid in full or as a monthly subscription. In the latter case, at least three months must be paid initially, and the responsibility for paying the monthly fees and continued access to the training program and coach service is specified in agreement with the coach. You are free to stop using the coach service at any time. We will not offer any refund after the end of the training program duration or if you stop using the coach service, and access to the benefits associated with each package will be revoked after the duration ends if you paid the package cost in full; otherwise, the benefits are automatically revoked after non-payment of the following month's fee if you chose the subscription option.

9. INDIVIDUAL REQUIREMENTS

Although it is not necessary to create an account to access the Site and Services, you are responsible for the validity of all information provided to us as well as for updating this information to maintain its validity. We will use any personal information collected in accordance with our Privacy Policy.

You agree that: (a) you will be fully responsible for the information provided during the use of the Site and Services; (b) you will notify us immediately of any unauthorized use of your information; (c) you will not submit any false information to us during the use of the Site and Services; (d) you will not provide your information to others so that they may access the Services provided by us; (e) you will be fully responsible for your Internet connection and technological and IT infrastructure (including computer, software, hardware, database, electronic systems, and networks) necessary to access the Site and Services.

10. TERMS AND CANCELLATION

• Terms. We will provide the Services to you as soon as payment and meeting or form completion (in the case of the Individualized Program and Online Coach Services) is complete.

• Cancellation by Us. We reserve the right to cancel your use and access to our Services if you fail to comply with these Terms of Use. We will not offer any refund if your access to our Services is canceled.

• Cancellation by the Coach. If you opt for Online Coach Services, the coach, themselves has the right not to renew, cancel, or direct us not to renew or cancel your access to our Services. We have the right to cancel your access to our Services after instruction from your coach. Please review the agreements made with the coach or any other additional terms for extra information regarding the circumstances that led to the cancellation of your access to the Services.

• Cancellation by You. If you notify us that you wish to terminate the use of our Services, regardless of the type of Service purchased, we will promptly act in agreement to cancel the use of our Services. We will not offer any refunds if your access to our Services is canceled; however, you will continue to have access to the formulated training program up to the point of its cancellation.

• Other Cancellations or Modifications. In addition to the cancellation rights described above, we reserve the right to cancel, update, or modify the Services offered at any time in a manner that removes or updates the Services we offer. We will not offer any refunds if the Service you purchased is updated, modified, or removed from the Services we offer.

Suspension – General. Without affecting our right to cancel your access to our Services, we may suspend immediately and indefinitely your access to any Services we provide, with or without prior notice, for suspicion or clear violation of these Terms of Use or of others established

11. DOES NOT CONSTITUTE MEDICAL ADVICE

Terms. THE SERVICES AND CONTENT OFFERED ON THE SITE, INCLUDING ALL TEXT, IMAGES, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHS, AUDIO, VIDEO AND AUDIO-VISUAL CLIPS AND ANY OTHER MATERIAL ARE NOT AND MUST NOT BE USED IN PLACE OF: (A) YOUR DOCTOR OR ANY OTHER MEDICAL PROFESSIONAL CONSIDERATIONS; (B) A VISIT, CALL (TELEPHONE OR ONLINE), TEXT MESSAGE WITH YOUR DOCTOR OR ANY OTHER MEDICAL PROFESSIONAL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL GUIDANCE. IF YOU HAVE ANY MEDICAL QUESTION, PLEASE CONTACT OR PROMPTLY VISIT A DOCTOR OR ANY OTHER MEDICAL PROFESSIONAL. IF YOU FIND YOURSELF IN AN EMERGENCY, CONTACT YOUR DOCTOR OR 112 IMMEDIATELY. YOU SHOULD NOT IGNORE ANY MEDICAL GUIDANCE OR DELAY OBTAINING MEDICAL GUIDANCE DUE TO THE CONTENTS PRESENTED ON THE SITE, AND YOU MUST YOU MUST USE OUR CONTENT AS A DIAGNOSIS OR TREATMENT FOR ANY HEALTH PROBLEM. THE TRANSMISSION AND RECEPTION OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, EMAIL OR ANY OTHER METHOD OF COMMUNICATION DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR ANY OTHER HEALTH PROFESSIONAL RELATIONSHIP BETWEEN US AND YOU. WE DO NOT CONSIDER OURSELVES TO BE A HEALTH INSTITUTION OR AN ASSOCIATE OF A HEALTH INSTITUTION.

12. INTELLECTUAL PROPERTY & CONTENT SHARING

You agree that you will not use the Site and Services provided by us to violate copyright or any other intellectual property rights of others. You agree not to reproduce, transmit, distribute, disseminate, sell, publish, or circulate the content obtained or generated on the Site and Services for others without the prior written authorization of the copyright holders and us, if applicable.

13. COPYRIGHT

Our Services are confidential and our property and are provided only by authorized users. Our Site and Services include content from third parties, namely credited trainers. You must not use the Site and Services (or the content included) in any way or for any purpose that may constitute a violation of ours, or any other individual's, copyrights. You expressly acknowledge and agree that we, or any other content or service provider, are the owners of all content, patents, trademarks/commerce, copyrights or intellectual property located on or related to the Site or Services. The content offered on the Site and Services may be periodically changed. We reserve the right to modify and/or remove from the Site or Services at any time without prior notice to users. EXCEPT AS EXPRESSLY PROVIDED IN THIS DOCUMENT, CONTENT AVAILABLE TO YOU THROUGH THE SITE AND SERVICES SHOULD BE USED FOR YOUR OWN USE ONLY, AND NOT FOR COMMERCIAL OR EDUCATIONAL PURPOSES. YOU MUST NOT SELL OR DISTRIBUTE ANY CONTENT OR MATERIAL OBTAINED THROUGH THE SITE OR SERVICE.

• Content Authorization. We grant you a personal, limited, revocable, non sublicensable license to transfer and print copies of any portion of the Site and Services content to which you have properly gained access for personal use. The authorization is subject to the Terms of Use and It did not include the right to use any type of data mining, robots, or similar automated methods to access any content on the Site. This authorization is revocable by us at any time without notice, with or without cause.

• Ownership of Trademarks. The registered marks and services used or demonstrated on the Site are registered trademarks of Coach Ivo Cruz. Your authorization to access the Site does not constitute a license to use any registered trademark, and you must not use any registered trademarks demonstrated on the Site without prior written authorization from Coach Ivo Cruz or the trademark owner.

• Authorization for Training Programs. If you are a trainer and submit or provide Training Programs through the Site or Services, you grant us authorization to use, reproduce, distribute, publish, and create derivative works of the Training Program(s). However, we do not assume responsibility for the Training Program(s) or data provided by you, and the use of the same Training Program(s) is at your own risk.

14. FEEDBACK

We welcome your comments, feedback, suggestions and other types of communication related to the Site and Services we offer. The feedback you provide will remain our exclusive property. We reserve the right to explore, use, reproduce, publish, display publicly or disclose, distribute, improve and modify any feedback you submit for any reason, without restrictions and without compensation of any kind. For this reason, we ask that you do not send any feedback you do not wish to attribute to us.

15. SUPPORT

We may offer support (“Support”) via the following methods which may include and are not limited to: email, voicemail, phone call. For up-to-date information regarding Support, please visit the following site: https://www.coachivocruz.com/. We will make reasonable efforts to respond to a Support request within a reasonable period after the request is submitted. However, we do not guarantee the timeliness of any response. Support is available from 9:00 a.m. to 5:00 p.m.

16. YOUR OBLIGATIONS TO US

In addition to the conditions of access and stay on the Site and Services presented earlier, you agree that you will not participate, whether directly or indirectly, in any of the following activities:

• Modify, adapt, translate, or prepare derivative works or improvements of any part of the Site or Services.

• Rent, license, assign, sell, sublicense, lend, distribute, publish, transfer, design, or otherwise make the Site and Services available to any person or entity.

• Engage in reverse engineering, decompile, dismantle, or adapt the Site or Services, or attempt in any way to gain unauthorized access to the source code of the Site or Services in whole or in part.

• Access or attempt to access the Site or Services by means not authorized or provided by us.

• Use the Site or Services in any way or for any purpose that infringes, misappropriates, or in any way violates our intellectual property rights or the rights of another person or entity, or that violates any applicable law.

• Use the Site or Services for: (a) competitive analysis of the Site and/or Services; (b) develop, use, or offer competitive services; or (c) any other purpose to our detriment or commercial disadvantage.

• Violates any applicable law through the use of the Site or Services.

• Use or submit any offensive content including, but not limited to, language, references, obscene images, threatening or harassing messages, actions, or discriminatory or defamatory messages or images.

• Submit or post false, misleading, or fraudulent messages or content.

• Participate in activities related to unauthorized promotions or advertisements.

• Collect, use, or share personal information of other users of the Site or Services without the user's consent.

• Violate any applicable law or regulation regarding your access, use, or sharing of other users' personal information as a Trainer.

• Delete other users' data without consent as a Trainer.

• Participate in activities that compromise the Site or Services (these activities may include, but are not limited to: hacking, IP attacks, viruses, spam, phishing, bots, Trojan horses, email spam, or malware introduction).

• Participate in any activity with the aim of preventing the use of the Site or Services by other users.

• Use or cause others to use the Site or Services in any manner not expressly permitted by these Terms; or

• Allow unauthorized access, whether intentional or not, to the Site and/or Services. ,

17. ELECTRONIC MARKETING

By agreeing to these Terms, you expressly agree and consent to receive any notifications from us regarding Service offers, promotions, personal information, and your authorization for access. You have the right to revoke consent to receive such notifications by email, but until that consent is revoked, your consent to receive email notifications will remain in full force and effect.

18. ACCESSIBILITY

We value all our users, and our goal is to provide excellent experiences for all our users, including users with disabilities. You understand and agree that some features of the Site and Services may not be fully accessible since these may be provided by a third party or contain errors. If you have comments about the accessibility of any part of the Site or Services, or if you wish to report any issue with your experience, please contact us at ivo.nunes.cruz@coachivocruz.com. You expressly agree to work with us in good faith to gain access to the Site and Services and that you will not threaten or assert any claims against us regarding. accessibility without first providing us with a notice of accessibility issue(s) and a period of thirty (30) days to resolve the problem.

19. DISCLAIMER AND LIMITS OF LIABILITY

a. Limited Warranty. Except in the case of Standardized Training, we will reasonably proceed to provide you with the Site and Services related to the Services you purchased. If there is a failure of warranty of offer of these Services, please notify us at ivo.nunes.cruz@coachivocruz.com and we will offer the Service again in order to correct the problem. This warranty only applies if you notify us within a 30-day period.

b. Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS CHAPTER, THE SITE AND SERVICES, AND ALL INFORMATION AND CONTENT AVAILABLE ON THE SITE AND SERVICES ARE PROVIDED TO YOU WITHOUT ANY IMPLIED OR EXPRESS WARRANTY. COACH IVO CRUZ OFFERS NO WARRANTY REGARDING: (i) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL ACQUIRED THROUGH THE SITE OR SERVICES, OR THAT THESE WILL MEET YOUR EXPECTATIONS; (ii) CONTINUOUS AVAILABILITY, RELIABILITY, AVAILABILITY OF THE SITE AND SERVICES; (iii) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, MALWARE, MALICIOUS CODE, OR ANY OTHER SOURCE OF CODE DANGEROUS; (iv) UNAUTHORIZED ACCESS OR USE OF YOUR DATA BY THIRD PARTIES; (v) ANY TECHNICAL faults; (vi) LOSS AND USE OF YOUR DATA; OR (vii) RESULTS OR EXPECTATIONS OF RESULTS FROM USING THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WRITTEN OR ORAL, OBTAINED FROM YOU OR THROUGH THE SITE AND SERVICES CONSTITUTES THE CREATION OF A WARRANTY NOT CITED IN THIS CHAPTER.

c. Liability Waiver for Trainers. WE ARE NOT RESPONSIBLE FOR ANY ACTIONS OF TRAINERS REGARDING THE USE OF THE SITE AND SERVICES, INCLUDING THE USE AND SHARING OF YOUR PERSONAL INFORMATION. THEREFORE, WE ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY OTHERS ON THE SITE AND SERVICES, INCLUDING, AND NOT LIMITED TO, TRAINERS, SPONSORS, THIRD PARTIES. YOU WILL NOT MAKE ANY CLAIMS AGAINST SPONSORS, TRAINERS AND THIRD PARTIES AGAINST COACH IVO CRUZ.

d. Right to Modify or Terminate the Services. WE ASSERT THE RIGHT TO TERMINATE, WITHOUT NOTICE, ANY OR ALL OF THE SITE AND SERVICES AT ANY TIME.

e. Problem Notice. YOU AGREE TO NOTIFY US PROMPTLY IN WRITING WITHIN 30 DAYS IF YOU BELIEVE THERE IS ANY COMPLAINT AGAINST US, OTHERWISE THE COMPLAINT WILL BE REJECTED.

20. AVAILABILITY

AVAILABILITY WE CANNOT GUARANTEE THAT THE SITE OR SERVICES WILL BE AVAILABLE OR SAFE 100% OF THE TIME DUE TO PUBLIC NETWORKS, SUCH AS THE INTERNET, EXPERIENCING DISRUPTIONS OCCASIONALLY. ALTHOUGH WE AIM TO OFFER THE BEST SITE AND SERVICES REASONABLY, INTERRUPTIONS, THIRD-PARTY INTERFERENCE AND DELAYS OCCUR, AND COACH IVO CRUZ EXPRESSLY DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

21. INDEMNITY

You agree to indemnify, defend and hold harmless Coach Ivo Cruz and any of its third-party suppliers against any claims, demands, actions, liabilities, fines, , of your intellectual property or that of third parties; and (d) any unauthorized activity during your use of the Site and/or Services.

22. EXTERNAL LINKS

The Site and Services may contain links to videos, products, images, and third-party sites. Our linking to them does not imply any endorsement or sponsorship of such sites or contents, products offered by such sites. Such contents are provided and supported by people or organizations over which we have no control. We deny any responsibility for the content or outcomes of your use of such sites and third-party contents.

23. COPYRIGHT INFRINGEMENT

We respect the intellectual property of others. If you believe our work has been copied in any way that constitutes a violation of your or others' copyright, please provide us with the following information.

• A digital or physical signature of the person authorized to act on behalf of the copyright owner. • Description of the work that allegedly infringes the copyright.

• The location on the Site of the material you claim has been violated.

• Your address, telephone number and email address.

• A statement that your copyright infringement claim is made in good faith; and

• A sworn statement that the information you provide is correct and that you are the owner of the copyright or are authorized to act on behalf of the copyright holder.

Our agent for notices of alleged copyright infringement can be contacted via:

ivo.nunes.cruz@coachivocruz.com

24. MATTERS

If you have any questions about us, the Site, our Services, our Privacy Policy, or our Terms, you can contact us at: Visit us a https://www.coachivocruz.com/

Send us an email at ivo.nunes.cruz@coachivocruz.com

Contact us for free (in Portugal): +351 927600947