NexRex Terms of Service

1. Agreement to Terms

Welcome to NexRex ("we," "us," "our," or "NexRex"). By accessing or using the NexRex mobile application and web platform (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or in-app notification. Your continued use of the Platform after changes are posted constitutes your acceptance of the modified Terms.

2. Description of Service

NexRex is a B2B2C marathon training platform that provides:

For Individual Runners:

• AI-powered personalized training plans
• Race discovery and partner matching
• Activity tracking and analytics
• Personal best tracking
• Social sharing features
• Training tools and resources

For Coaches and Club Admins:

• Training plan creation and assignment
• Athlete monitoring and analytics
• Communication tools
• Group management features
• AI-powered coaching insights

The Platform integrates with third-party services including Apple Health, Google Fit, Garmin, and social media platforms.

3. Eligibility

You must be at least 16 years old to use the Platform. By using NexRex, you represent and warrant that:

• You are at least 16 years of age
• You have the legal capacity to enter into these Terms
• You will provide accurate and complete registration information
• You will maintain the security of your account credentials

If you are using the Platform on behalf of an organization (such as a running club), you represent that you have authority to bind that organization to these Terms.

4. Account Registration and Security

4.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

4.2 Account Types

Individual Runner Accounts:

• Created by individual users for personal training use
• Can join clubs and connect with coaches
• Full control over personal data and privacy settings

Coach/Club Admin Accounts:

• Created by coaches or club administrators
• Can create and manage training plans
• Can view data of athletes who join their club
• Subject to additional responsibilities outlined in Section 12

4.3 Account Termination

You may terminate your account at any time through the Platform settings. We may suspend or terminate your account if:

• You violate these Terms
• Your conduct harms other users or NexRex
• Required by law or regulatory authority
• Your account has been inactive for more than 12 months

Upon termination, your data will be handled according to our Privacy Policy.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Platform for:

• Personal fitness and training purposes
• Coaching athletes with their consent
• Managing running clubs and teams
• Sharing your achievements with others
• Participating in community features

5.2 Prohibited Conduct

You agree NOT to:

Content Violations:

• Post false, misleading, or fraudulent content
• Upload malware, viruses, or harmful code
• Share content that infringes intellectual property rights
• Post hateful, abusive, threatening, or harassing content
• Share sexually explicit or inappropriate content
• Upload content depicting minors in any context

Platform Abuse:

• Attempt to gain unauthorized access to the Platform or other accounts
• Reverse engineer, decompile, or disassemble the Platform
• Use bots, scrapers, or automated tools without permission
• Interfere with or disrupt the Platform's functionality
• Bypass security measures or access restrictions
• Create fake accounts or misrepresent your identity

Misuse of Service:

• Use the Platform for commercial purposes without authorization
• Sell, resell, or exploit access to the Platform
• Impersonate others or misrepresent affiliations
• Harvest or collect user information without consent
• Use the Platform to distribute spam or unsolicited messages
• Manipulate leaderboards or game system features

Health and Safety:

• Provide medical advice (unless you are a licensed medical professional in your jurisdiction)
• Encourage dangerous or harmful training practices
• Misrepresent your coaching credentials or qualifications

6. AI-Generated Content and Recommendations

6.1 AI Training Plans

NexRex uses artificial intelligence to generate personalized training recommendations. You acknowledge that:

• AI recommendations are suggestions, not medical advice
• You should consult a healthcare provider before starting any new training program
• You are responsible for listening to your body and adjusting training as needed
• AI cannot account for all individual health factors or circumstances
• Training recommendations are based on data you provide and may be inaccurate if your input is incomplete or incorrect

6.2 No Medical Advice

IMPORTANT: NexRex does not provide medical advice. The Platform, including AI-generated content, is for informational and training purposes only. Always consult with a qualified healthcare provider regarding:

• Starting a new exercise program
• Training with existing health conditions
• Injuries or pain during training
• Concerns about your health or fitness

6.3 Assumption of Risk

Physical exercise and athletic training carry inherent risks, including but not limited to injury, illness, or death. By using the Platform, you acknowledge and accept these risks. You agree to:

• Exercise at your own risk
• Follow safe training practices
• Seek medical attention for injuries or concerns
• Not hold NexRex liable for injuries or health issues resulting from training

7. User Content

7.1 Your Content

You retain ownership of content you upload to the Platform ("User Content"), including:

• Activity data and workout information
• Photos and images
• Comments and messages
• Profile information
• Social media posts created through the Platform

7.2 License to NexRex

By uploading User Content, you grant NexRex a worldwide, non-exclusive, royalty-free, sublicensable license to:

• Store, process, and display your User Content
• Use your User Content to provide and improve the Platform
• Create anonymized, aggregated data for analytics and research
• Display your public content (e.g., leaderboard entries, shared posts) to other users

This license ends when you delete your User Content or close your account, except for:

• Content shared with others (e.g., in messages or shared posts)
• Anonymized/aggregated data (which cannot be traced back to you)
• Content necessary for legal or operational purposes

7.3 Content Standards

All User Content must comply with our Acceptable Use Policy (Section 5). You represent and warrant that:

• You own or have rights to all User Content you upload
• Your User Content does not violate any third-party rights
• Your User Content complies with applicable laws
• You have necessary permissions (e.g., from people appearing in photos)

7.4 Content Moderation

We reserve the right to:

• Review User Content for compliance with these Terms
• Remove or refuse to publish any User Content that violates these Terms
• Suspend or terminate accounts that repeatedly violate content standards
• Cooperate with law enforcement regarding illegal content

We are not obligated to monitor User Content but may do so at our discretion.

8. Coach and Club Admin Responsibilities

8.1 Additional Terms for Coaches

If you use the Platform as a coach or club administrator, you agree to:

Qualification and Competence:

• Accurately represent your coaching credentials and experience
• Only provide training advice within your area of expertise
• Maintain any required coaching certifications or licenses
• Stay current with best practices in coaching and training

Athlete Relationships:

• Obtain athlete consent before accessing their data
• Use athlete data only for legitimate coaching purposes
• Respect athlete privacy and confidentiality
• Maintain professional boundaries with athletes
• Not misuse your position or access to athlete information

Data Handling:

• Protect athlete data from unauthorized access
• Not share athlete data with third parties without consent
• Delete athlete data when requested or when coaching relationship ends
• Comply with all applicable data protection laws

Communication:

• Communicate professionally and respectfully
• Respond to athlete questions in a reasonable timeframe
• Clearly explain training plans and recommendations
• Not use the Platform to harass or abuse athletes

8.2 Club Management

Club administrators agree to:

• Maintain accurate club information
• Only add members with their consent
• Use club features for legitimate training purposes
• Not use club features for unauthorized commercial purposes
• Resolve disputes with members fairly and professionally

8.3 Termination of Coaching Access

We may revoke your coaching privileges if:

• You violate these Terms or athlete trust
• We receive complaints about your conduct
• You misuse athlete data or access
• Required by law or regulatory authority

9. Subscriptions and Payments

9.1 Subscription Plans

NexRex offers various subscription tiers:

Free Plan:

• Limited access to basic features
• May include advertisements
• No payment required

Premium Plans (Individual Runners):

• Monthly or annual subscriptions
• Access to premium features and AI coaching
• Pricing displayed in the Platform and App Store
• Billed through Apple App Store or Google Play Store

Coach/Club Plans:

• Custom pricing for teams and clubs
• Billed directly by NexRex (not through app stores)
• May require separate agreement

9.2 Billing and Payment

For Individual Subscriptions (via App Stores):

• Payment processed through Apple App Store or Google Play Store
• Subject to app store terms and conditions
• Subscriptions auto-renew unless cancelled at least 24 hours before renewal
• Manage subscriptions through your app store account settings
• Refund requests subject to app store policies

For Coach/Club Subscriptions (Direct Billing):

• Payment processed through our payment processor
• You authorize recurring charges to your payment method
• Subscriptions auto-renew unless cancelled before renewal date
• Cancel at least 7 days before renewal to avoid next charge
• Manage subscriptions through the web platform

9.3 Price Changes

We may change subscription prices at any time. For existing subscribers:

• We will provide at least 30 days notice of price increases
• New prices apply at your next renewal after notice period
• You may cancel before renewal to avoid price increase

9.4 Refund Policy

App Store Purchases:

• Refund requests handled by Apple or Google
• Subject to their refund policies
• Contact App Store support directly

Direct Subscriptions:

• Refunds considered on a case-by-case basis
• Contact support@nexrex.ai within 14 days of charge
• We reserve the right to deny refund requests
• No refunds for partial subscription periods

9.5 Free Trials

We may offer free trials for premium features. By starting a trial:

• You provide payment information for future billing
• Trial automatically converts to paid subscription unless cancelled
• Cancel anytime during trial period to avoid charges
• One trial per user; additional trials at our discretion

10. Intellectual Property Rights

10.1 NexRex Ownership

The Platform and all related content, features, and functionality are owned by NexRex and protected by copyright, trademark, and other intellectual property laws. This includes:

• Platform design, layout, and user interface
• NexRex logos, branding, and trademarks
• AI algorithms and training methodologies
• Software code and databases
• Content created by NexRex (articles, guides, templates)

10.2 Limited License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Platform for personal or authorized business use
• Download the mobile app on devices you own or control
• Use Platform features in accordance with these Terms

You may not:

• Copy, modify, or create derivative works of the Platform
• Distribute, sell, or lease any part of the Platform
• Remove or alter any copyright notices or branding
• Use the Platform to create a competing service

10.3 Trademarks

"NexRex" and related logos are trademarks of NexRex. You may not use our trademarks without prior written permission, except as necessary to identify NexRex (e.g., in truthful statements like "I use NexRex for training").

10.4 Feedback

If you provide feedback, suggestions, or ideas about the Platform:

• You grant us a perpetual, royalty-free license to use such feedback
• We have no obligation to implement your suggestions
• You waive any rights to compensation for feedback we use

11. Third-Party Integrations

11.1 Third-Party Services

The Platform integrates with third-party services including:

• Apple Health and HealthKit
• Garmin Connect
• Strava
• Social media platforms (Instagram, Facebook, Twitter)
• Payment processors

11.2 Third-Party Terms

Your use of third-party services is subject to their terms and policies. We are not responsible for:

• Third-party service availability or functionality
• Third-party data practices or privacy policies
• Changes to third-party services that affect Platform functionality
• Third-party service fees or costs

11.3 Data Sharing

When you connect third-party services:

• You authorize data sharing between NexRex and those services
• Data sharing is governed by both our Privacy Policy and their policies
• You may disconnect integrations at any time through Platform settings
• Some features may not work properly if integrations are disconnected

12. Data Sharing Between Users

12.1 Runner-Coach Data Sharing

When you join a club or connect with a coach:

• You explicitly consent to sharing your training data with that coach/club
• Coaches can view your activities, performance metrics, and progress
• You understand coaches may use your data to provide coaching services
• You can leave a club or disconnect from a coach at any time
• Leaving a club immediately revokes coach access to your future data
• Historical data viewed while you were a member may be retained by coaches

What coaches can see:

• Your training activities and timeline
• Performance metrics and analytics
• Scheduled workouts and compliance
• Progress toward goals

What coaches cannot see:

• Your password or authentication credentials
• Activities you mark as "private"
• Your payment information
• Private messages with other users

12.2 Public Content

Content you make public (leaderboard entries, shared posts) can be viewed by:

• Other NexRex users
• Anyone if shared on social media
• Search engines (for publicly shared content)

12.3 Privacy Controls

You have control over:

• Which activities are public vs. private
• Whether you appear on leaderboards
• What information coaches can see
• Social sharing settings

Manage these settings in your Platform privacy preferences.

13. Disclaimers and Limitation of Liability

13.1 No Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Accuracy, reliability, or completeness of content or AI recommendations
• Uninterrupted or error-free operation
• Security or freedom from viruses or harmful code
• Results from using the Platform

WE DO NOT WARRANT THAT:

• The Platform will meet your requirements or expectations
• Training plans will achieve specific results
• AI recommendations are suitable for your individual circumstances
• Platform functionality will be compatible with all devices or services

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXREX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

Indirect Damages:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Training-related injuries or health issues
• Missed races or training goals
• Emotional distress or reputational harm

Direct Damages Cap:

Our total liability for any claims shall not exceed the greater of:

• $100 USD, or
• The amount you paid to NexRex in the 12 months before the claim

Exclusions from Limitation:

This limitation does not apply to:

• Personal injury or death caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

13.3 Health and Safety Disclaimer

YOU ACKNOWLEDGE THAT:

• Physical training carries inherent risks of injury
• You are solely responsible for your training decisions
• You should consult healthcare providers before starting new training programs
• AI recommendations are not a substitute for professional medical or coaching advice
• You assume all risks associated with using the Platform for training

13.4 No Guarantee of Results

We make no guarantees that:

• You will achieve your training goals
• You will qualify for or complete races
• You will improve performance or achieve personal bests
• Training plans will prevent injury or overtraining
• AI recommendations will be optimal for your circumstances

Results depend on many factors outside our control, including your genetics, effort, adherence to training, nutrition, rest, and individual response to training.

14. Indemnification

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

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your User Content
• Your coaching activities or athlete relationships (if applicable)
• Disputes with other users
• Any injuries or damages resulting from your training activities

This indemnification obligation survives termination of these Terms and your use of the Platform.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a formal claim, you agree to contact us at support@nexrex.ai to attempt to resolve the dispute informally. We commit to working in good faith to resolve disputes amicably.

15.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

15.3 Jurisdiction

Any legal action or proceeding arising from these Terms or your use of the Platform shall be brought exclusively in the courts located in Wilmington, Delaware, and you consent to the personal jurisdiction of such courts.

15.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT:

• All disputes will be resolved individually
• You waive the right to participate in class actions or class arbitrations
• You may not act as a class representative or participate as a class member in any class proceeding

Note: Some jurisdictions do not allow class action waivers. If this provision is found unenforceable in your jurisdiction, it will be severed but the rest of these Terms remain in effect.

16. Termination

16.1 Termination by You

You may terminate your account at any time by:

• Using the "Delete Account" feature in Platform settings
• Contacting support@nexrex.ai

Upon termination:

• Your access to the Platform will be revoked immediately
• Your data will be handled according to our Privacy Policy
• Active subscriptions will remain active until the end of the billing period (no refunds for unused time)
• You remain responsible for any outstanding obligations

16.2 Termination by NexRex

We may suspend or terminate your access immediately, without notice, if:

• You violate these Terms or our policies
• You engage in fraudulent or illegal activity
• Your conduct harms other users, NexRex, or third parties
• Required by law, court order, or regulatory authority
• Your account has been inactive for 12+ months
• You repeatedly receive complaints from other users

16.3 Effect of Termination

Upon termination by either party:

• Your right to use the Platform ceases immediately
• We may delete your data in accordance with our Privacy Policy
• Sections that by their nature should survive termination will continue (including Sections 6.3, 10, 13, 14, 15, and 17)
• You remain liable for any obligations incurred before termination

16.4 Reactivation

If your account is terminated for inactivity, you may request reactivation by contacting support. If terminated for Terms violations, reactivation is at our sole discretion.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements for specific services (e.g., Coach Plans), constitute the entire agreement between you and NexRex regarding the Platform.

17.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Email to your registered address
• In-app notification
• Notice on our website

Continued use of the Platform after changes are posted constitutes acceptance. If you disagree with changes, you may terminate your account.

17.3 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of law, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it will be severed. The remaining provisions shall remain in full force and effect.

17.4 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of NexRex.

17.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or any rights hereunder without restriction. Any attempted transfer or assignment in violation of this section is void.

17.6 Relationship of Parties

These Terms do not create any:

• Agency, partnership, or joint venture relationship
• Employment relationship
• Franchise relationship

You are an independent user of the Platform.

17.7 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

• Acts of God (natural disasters, pandemics)
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Third-party service outages

17.8 Export Compliance

You may not use or export the Platform in violation of export laws and regulations. You represent that you are not:

• Located in a country subject to U.S. or EU embargo
• Listed on any government denied or restricted party list

17.9 Language

These Terms are written in English. If translated, the English version controls in case of conflict.

17.10 Section Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

18. Contact Information

For questions, concerns, or notices regarding these Terms:

Email: support@nexrex.ai

Website: nexrex.ai

For legal notices:

Attn: Legal Department
Email: support@nexrex.ai

19. California Consumer Rights

If you are a California resident, you have certain rights under California Civil Code Section 1789.3:

• You may report complaints to the California Department of Consumer Affairs
• Contact: Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
• Phone: (916) 445-1254 or (800) 952-5210
• Website: dca.ca.gov

20. Digital Services Act (EU Users)

For users in the European Union:

Trader Information:

• Business Name: NexRex Inc.
• Email: support@nexrex.ai

Content Moderation:

• We may remove content that violates these Terms
• You will be notified of content removal with reasons
• You may appeal content moderation decisions at support@nexrex.ai

Out-of-Court Dispute Resolution:

• EU users may access certified dispute resolution platforms
• Platform: ec.europa.eu/consumers/odr