Terms of Service

These Terms of Service (“Terms”) govern your use of the TrainState application and website at trainstate.fit (“the Service”), operated by Nicholas Andrew Van De Pas, a sole trader based in Wellington, New Zealand (“TrainState”, “we”, “us”, “our”).

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

These Terms are governed by the laws of New Zealand. Consumer rights under applicable consumer protection laws in your jurisdiction are not affected — see section 14 for details.

TrainState is an AI-powered fitness coaching application. It enables you to receive personalised training plans, log sessions, track health and biometric data, and interact with an AI coach. If you connect a supported service (see section 7), the Service can also use activity data from it to inform coaching recommendations.

TrainState is free to use.

The Service is intended for performance-focused athletes and active individuals seeking data-driven training guidance. It is not a medical service.

You must be at least 16 years of age to use TrainState. By using the Service, you represent and warrant that you meet this requirement.

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us promptly at hello@trainstate.fit if you become aware of any unauthorised use of your account

We reserve the right to suspend or terminate accounts where there is evidence of unauthorised use or breach of these Terms.

TrainState is free. There are no paid plans and we don't take payments. If that ever changes, we will update these Terms and give you notice before any charge could apply.

You may close your account at any time from Profile → Danger zone, or by contacting us at hello@trainstate.fit. Deletion is immediate and permanent. Data is handled in accordance with our Privacy Policy.

You may choose to connect a supported third-party fitness or wearable service. This is optional. Connections use OAuth — we never receive or store your password for that service. The data we access, how it is used, and how it is deleted when you disconnect or revoke access are set out in section 6 of our Privacy Policy.

Your use of a connected service is also governed by that service's own terms and privacy policy. We are not responsible for changes to, downtime of, or loss of access to third-party services or their APIs, and we cannot guarantee that any particular integration will remain available.

AI features (the coach and the daily readiness brief) require your separate AI-processing consent, which you can give or withdraw at any time in Profile. See the AI Transparency Statement for what is sent to our AI provider and why.

Coaching responses are generated automatically by Anthropic's Claude AI models and are not reviewed by a qualified coach, trainer, or healthcare professional before being delivered to you.

AI-generated responses are based on patterns in your data and general sports science principles. They may occasionally be inaccurate, incomplete, or unsuitable for your specific circumstances. You should use your own judgement and consult a qualified professional where appropriate.

We may apply fair-use limits to AI features, such as a daily message limit, to keep the Service available for everyone.

See section 9 below for the full health and fitness disclaimer.

Always consult a qualified healthcare professional before starting a new training programme, particularly if you:

• Have any pre-existing medical condition, heart condition, or musculoskeletal injury
• Are pregnant or in the postnatal period
• Are returning to training after illness, surgery, or a prolonged break
• Are taking medication that affects heart rate, blood pressure, or exercise tolerance
• Experience symptoms during training such as chest pain, shortness of breath, dizziness, or unusual fatigue
• Have been advised by a doctor to avoid or limit exercise

HRV, sleep, and training load data from consumer devices are wellness metrics, not medical-grade measurements. They should be interpreted as trend indicators, not clinical readings.

By using TrainState, you acknowledge and accept all fitness-related risk arising from following coaching recommendations generated by the Service. TrainState and its operator assume no responsibility for any injury, illness, or adverse outcome resulting from training activity.

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable law
• Attempt to gain unauthorised access to any part of the Service or to other users' accounts
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use automated means to access or scrape the Service other than as expressly permitted
• Submit false or misleading information, including false health or biometric data

The TrainState application — including its design, code, and generated content — is owned by Nicholas Andrew Van De Pas and protected by applicable intellectual property laws.

Your personal data and health data remain your own. TrainState does not claim ownership of data you input or data from your connected services.

AI-generated coaching insights produced by the Service based on your data are provided for your personal use. You may not redistribute or commercialise these outputs.

We aim to maintain the Service's availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, infrastructure issues, third-party service disruptions, or events beyond our control.

If we decide to permanently discontinue the Service, we will give you at least 30 days' notice by email, so you have time to export your data.

The Service is provided “as is” and “as available”, without warranties of any kind, express or implied.

To the fullest extent permitted by applicable law, TrainState and its operator shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to:

• Physical injury or illness resulting from following coaching recommendations
• Loss of data or interruption to access
• Inaccuracies in device data or AI-generated coaching outputs
• Decisions made in reliance on the Service's outputs
• Changes to, downtime of, or loss of access to connected third-party services

Our total liability to you for any claim arising out of or in connection with these Terms shall not exceed the total fees you have paid to us in the three months preceding the claim, or NZD $10 if no payment has been made.

Nothing in these Terms limits or excludes any liability that cannot lawfully be excluded, including under the New Zealand Consumer Guarantees Act 1993 or under applicable consumer protection laws in your jurisdiction.

Nothing in these Terms overrides your statutory consumer rights. Applicable consumer protection legislation includes:

• New Zealand: Consumer Guarantees Act 1993, Fair Trading Act 1986
• European Economic Area: Applicable EEA consumer protection directives and national implementing legislation
• California: Applicable California state consumer protection laws
• All other jurisdictions: Applicable consumer protection laws in your jurisdiction

Where your statutory rights as a consumer conflict with any provision of these Terms, your statutory rights prevail.

We may update these Terms from time to time. For material changes, we will notify you by email at least 30 days before the changes take effect. The updated Terms will include a revised effective date.

Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not accept the revised Terms, you must stop using the Service and may delete your account before the changes take effect.

These Terms are governed by and construed in accordance with the laws of New Zealand. Any dispute arising from or in connection with these Terms or the Service shall be subject to the jurisdiction of the courts of New Zealand, subject to your rights under applicable consumer protection laws in your jurisdiction.

Before initiating formal dispute proceedings, we encourage you to contact us at hello@trainstate.fit to seek resolution informally.

For any questions about these Terms, contact us at: