1. Acceptance of Terms

By creating a trainer account on Harley AI ("the Platform"), operated by DNAi Systems ("we," "us," "Company"), you ("Trainer") agree to be bound by these Terms of Use. If you do not agree, do not use the Platform. We may update these Terms at any time; continued use after changes constitutes acceptance. Material changes will be communicated via email or in-app notice.

2. Eligibility

You must be at least 18 years of age and legally authorized to operate a personal training or fitness coaching business in your jurisdiction. By creating an account, you represent that:

• You hold any certifications, licenses, or insurance required by your jurisdiction to provide fitness training services.
• You are solely responsible for maintaining current credentials and complying with local laws governing fitness professionals.
• You will not use the Platform to provide medical advice, diagnoses, or treatment.

3. Account & Security

• You are responsible for maintaining the confidentiality of your account credentials and all activity under your account.
• You must provide accurate, current information during registration and keep it updated.
• You must notify us immediately at founders@dnai.systems of any unauthorized access to your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription Plans & Billing

• The Platform offers multiple subscription tiers with varying client limits and features, as outlined at harley.dnai.systems.
• Subscriptions are billed monthly. You authorize recurring charges to your payment method.
• Upgrades take effect immediately; downgrades take effect at the end of the current billing cycle.
• You may cancel at any time. Cancellation stops future charges but does not entitle you to a refund for the current billing period.
• We reserve the right to modify pricing with 30 days' written notice.

5. Payment Processing

• The Platform uses Stripe Connect to enable you to collect payments from your clients. By connecting a Stripe account, you agree to Stripe's Connected Account Agreement in addition to these Terms.
• Platform fees may apply to transactions processed through Stripe Connect, as detailed at harley.dnai.systems.
• You may also display alternative payment handles (e.g., Venmo, Zelle) for payment collection outside the Platform. Those transactions occur solely between you and your client.
• You are responsible for all tax reporting and compliance related to income received through the Platform.

6. Trainer Responsibilities

As a Trainer on the Platform, you agree to:

• Exercise Professional Judgment. You are the qualified fitness professional. AI-generated content, including workout suggestions, training plans, client insights, and drafted messages, is a tool to assist you, not a replacement for your professional expertise. You must review all AI-generated content before delivering it to clients.
• Client Safety. You are solely responsible for assessing client fitness levels, medical history, injuries, and contraindications. You must not prescribe exercise programs that are inappropriate for a client's condition.
• Accurate Representation. You will not misrepresent your qualifications, certifications, or experience to clients.
• Liability Waivers. You are responsible for ensuring clients complete appropriate liability waivers. The Platform provides a built-in waiver template during client onboarding, but you are responsible for ensuring it meets the legal requirements of your jurisdiction.
• Client Data. You must handle client data (fitness metrics, health information, messages) with care and in compliance with applicable privacy laws. You must not share client data with unauthorized third parties.
• Minor Clients. If you train clients under 18, you must obtain guardian consent. The Platform's onboarding flow supports guardian signature fields, but compliance with child protection laws is your responsibility.

7. AI Features & Disclaimers

The Platform offers AI-powered features designed to assist trainers with workout programming, client management, business operations, and communication. These features may be updated, expanded, or modified over time.

You acknowledge and agree that:

• AI-generated content may contain errors, inaccuracies, or suggestions that are inappropriate for specific clients. You must review all AI output before use.
• The Platform is not a medical device and does not provide medical advice, diagnosis, or treatment.
• AI features are powered by third-party AI infrastructure under zero data retention agreements. Your data is not used to train third-party AI models.
• We do not guarantee the availability, accuracy, or completeness of any AI feature.

8. Content & Intellectual Property

• Your Content. You retain ownership of all workouts, programs, exercises, media, and other content you create on the Platform ("Trainer Content"). You grant us a limited, non-exclusive license to host, display, and transmit your content solely to operate the Platform.
• Platform Content. The Platform's software, design, AI models, branding, and documentation are owned by DNAi Systems. You may not copy, modify, reverse-engineer, or create derivative works of the Platform.
• Exercise Library. Content you create or import into the Platform remains your property. We do not claim ownership of your exercise library or programming.
• Client Content. Data entered by your clients (progress, workout logs, messages) belongs to the respective client. You may access it only for the purpose of providing training services.

9. Data & Privacy

• We collect and process data as described in our Privacy Policy.
• Trainer data is stored in isolated, per-trainer data directories. Your data is never commingled with other trainers' data.
• We use TLS 1.3 encryption in transit and AES-256 encryption at rest.
• We never sell trainer or client data to third parties, advertisers, or insurance companies.
• You may request access to, correction of, export of, or deletion of your data at any time by contacting founders@dnai.systems.
• EU trainers have GDPR rights. California trainers have CCPA/CPRA rights. India trainers have DPDP Act rights.

10. Messaging & Communications

• The Platform provides trainer-client messaging. Messages are stored on Platform servers and are accessible to both the trainer and client parties of the conversation.
• You are responsible for the content of your messages. Do not transmit medical advice, discriminatory content, harassment, or illegal material.
• AI-drafted messages must be reviewed and approved by you before sending.

11. Document Uploads

• You may upload documents (PDF, DOC, DOCX, XLS, XLSX, PNG, JPG, JPEG) up to 25 MB per file.
• You are solely responsible for ensuring uploaded content does not infringe third-party intellectual property rights.
• We do not monitor uploaded content but reserve the right to remove content that violates these Terms.

12. Prohibited Conduct

You agree not to:

• Use the Platform to provide medical advice or present yourself as a medical professional (unless separately licensed).
• Share your account credentials or allow unauthorized access.
• Scrape, crawl, or use automated tools to extract data from the Platform.
• Interfere with or disrupt the Platform's infrastructure.
• Use the Platform for any illegal purpose.
• Misuse AI features to generate harmful, deceptive, or misleading content.
• Circumvent client limits or billing through multiple accounts.

13. Limitation of Liability

To the maximum extent permitted by law:

• The Platform is provided "as is" and "as available" without warranties of any kind, express or implied.
• We are not liable for any client injuries, health complications, or damages arising from exercise programs you create or deliver through the Platform.
• We are not liable for AI-generated content that you choose to deliver to clients without adequate review.
• Our total liability for any claims arising from your use of the Platform shall not exceed the amount you paid us in the 12 months preceding the claim.
• We are not liable for indirect, incidental, special, consequential, or punitive damages.

14. Indemnification

You agree to indemnify, defend, and hold harmless DNAi Systems, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Platform.
• Your breach of these Terms.
• Your provision of fitness training services to clients.
• Any claim by a client related to injury, harm, or dissatisfaction with your services.
• Your violation of any applicable law or regulation.

15. Termination

• You may terminate your account at any time through your trainer settings.
• We may suspend or terminate your account for violation of these Terms, with or without notice.
• Upon termination, your access to the Platform ceases. You may request export of your data within 30 days of termination.
• Sections 6 (Trainer Responsibilities), 13 (Limitation of Liability), 14 (Indemnification), and 16 (Governing Law) survive termination.

16. Governing Law & Disputes

• These Terms are governed by the laws of the State of Delaware.
• Any disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in court. The seat of arbitration shall be New York, NY.
• Class action waiver: You agree to resolve disputes individually and waive the right to participate in class actions.

17. Miscellaneous

• Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and DNAi Systems regarding the Platform.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
• No Waiver. Our failure to enforce any right does not constitute a waiver of that right.
• Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

18. Contact

For all inquiries: founders@dnai.systems

See also our Privacy Policy.