Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Highmoon Works Inc. ("Highmoon", "we", "us", or "our"), the operator of Train Fondo (the "Service"), available at trainfondo.com and related applications. By creating an account or using the Service, you agree to these Terms, to our Privacy Policy, to our Health & Fitness Disclaimer and Assumption of Risk, Waiver and Release, and to our Consumer Health Data Privacy Policy. If you do not agree, do not use the Service.

1. Who we are

Train Fondo is a fitness and nutrition information service that generates general training and nutrition recommendations from the data you provide. It is operated by Highmoon Works Inc., a Delaware corporation with a registered address at 131 Continental Drive, Suite 305, Newark, DE 19713, United States.

2. Eligibility

You must be at least 18 years old to use the Service. By using it, you represent that you are 18 or older. The Service is not directed to children, and we do not knowingly collect data from anyone under 18. See our Privacy Policy for how we handle this.

3. The Service is information, not professional advice

The Service, including all recommendations it generates, provides general fitness and nutrition information for informational and educational purposes only. It is not medical, dietetic, physical therapy, or other professional advice, and it is not a substitute for the advice of a qualified professional. Using the Service does not create any professional or licensed relationship between you and us, and we are not a healthcare provider or a HIPAA covered entity. Your use of the Service, and any physical activity you undertake, is governed by, and subject to, the Health & Fitness Disclaimer and Assumption of Risk, Waiver and Release, which is incorporated into these Terms and which you separately acknowledge at signup. Consult a physician before beginning or intensifying any exercise or nutrition program.

Automated and AI-assisted features. The Service generates recommendations using automated methods and, in some features, artificial intelligence. These technologies have known and unknown limitations and can produce errors. You use them at your own risk, and you should apply your own judgment, and obtain medical clearance, before acting on any recommendation. Nothing in this Section limits the disclaimers and liability provisions below.

4. Your account

You are responsible for the accuracy of the information you provide, for keeping it current, for the security of your login credentials, and for all activity under your account. Notify us promptly of any unauthorized use. One account per person. Do not share your account or let others use it.

5. Subscriptions, fees, auto-renewal, and refunds

Subscription. The Service is offered on a paid subscription (currently a monthly or annual plan), billed through our payment processor. Prices are shown at checkout.

No free trial. We do not offer a free trial. You pay up front and get the full product from day one, backed by the 30-day money-back guarantee described below.

Automatic renewal. Your subscription renews automatically at the end of each billing period (monthly or annual) and your payment method is charged the then-current fee, until you cancel. The renewal frequency and amount are disclosed at checkout and in your confirmation. We will not change your renewal price without notice to you.

Cancellation. You can cancel at any time from Settings, then Account, or through the customer portal. Cancellation stops future charges. Your access continues until the end of the current paid period.

Refunds. New subscribers may receive a one-time refund of their first paid charge by canceling within 30 days of that charge. Cancellation and any eligible refund are self-service, from Settings, then Account (or the customer portal), and if your account qualifies the refund is issued automatically to your original payment method, with no need to contact us. This applies to first-time subscriptions only. It does not apply to renewals, to a resubscription after a previous cancellation, or to more than one account associated with the same person or payment method, and we may decline or reverse any refund we reasonably determine to be abusive or fraudulent. Outside the 30-day window we do not provide prorated or partial-period refunds; when you cancel, you keep access until the end of the period already paid for. If you are a consumer in the EU or UK, your statutory right of withdrawal applies in addition to this policy and is described at checkout.

Taxes. Prices may exclude taxes, which we add where required.

6. Acceptable use

You agree not to: use the Service unlawfully or to harm others; upload another person's data or content without the right to do so; reverse engineer, scrape, or use automated means to access the Service; overload or interfere with the Service; resell or provide the Service to third parties, or use it to provide coaching or training services to others; circumvent security or access controls; or misuse another user's account. We may suspend or terminate accounts that breach this section.

7. Intellectual property and your content

Ours. The Service, its software, content, and branding are owned by Highmoon or its licensors. We grant you a limited, revocable, non-transferable, non-exclusive license to use the Service for your own personal, non-commercial use. All rights not granted are reserved.

Yours. You retain ownership of the data and content you provide ("Your Content"), including your activity data, logs, and inputs. You grant us a worldwide, royalty-free license to host, process, and analyze Your Content solely to operate and provide the Service to you, consistent with the Privacy Policy. We do not sell Your Content and we do not use it for advertising.

Third-party marks. Any third-party names or marks referenced in the Service are the property of their owners and are used only to describe interoperability or the source of a method, not to imply affiliation.

8. Third-party services

The Service relies on third parties (for example, our payment processor and, if you connect them, activity or device services). We are not responsible for third-party services, and your use of them is governed by their own terms.

9. Disclaimer of warranties

The Service and all information it provides are offered "as is" and "as available", without warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any recommendation or result will meet your expectations or produce any particular outcome. No advice or information obtained from the Service creates any warranty not expressly stated here. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

10. Limitation of liability

To the maximum extent permitted by law, Highmoon and its officers, directors, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or data, arising out of or related to the Service. To the maximum extent permitted by law, our total liability for any claim arising out of or related to the Service will not exceed the amount you paid us for the Service in the twelve months before the claim arose. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, recklessness, willful misconduct, or fraud, or for death or personal injury where the law prohibits limiting it. Your mandatory rights as a consumer under the law of your country or state are not affected.

11. Indemnification

You agree to indemnify and hold harmless Highmoon and its officers, directors, employees, contractors, and agents from any claim, demand, loss, or expense (including reasonable attorney fees) arising from your breach of these Terms, your misuse of the Service, your content, or your violation of any law or the rights of a third party.

12. Term, suspension, and termination

These Terms apply while you use the Service. We may suspend or terminate your access if you breach these Terms or if we discontinue the Service. You may stop using the Service and delete your account at any time. On termination we may delete Your Content, subject to the retention described in the Privacy Policy. Sections that by their nature should survive (including Sections 3, 9, 10, 11, 13, and 14) survive termination.

13. Changes to these Terms

We may update these Terms. For material changes, we will provide notice (for example, by email or an in-app notice) and, where the change is material or the law requires it, obtain your acceptance before it applies to you. Your continued use after a non-material change means you accept it. We keep prior versions and the record of your acceptance.

14. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules.

Informal resolution first. Before filing anything, contact us at support@highmoonworks.com and give us 30 days to resolve the dispute.

Venue. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to personal jurisdiction there. We may seek injunctive relief in any jurisdiction to protect our rights.

Class-action and jury-trial waiver. To the maximum extent permitted by law, you and we agree to bring claims only in an individual capacity, and each waives the right to participate in a class action and the right to a jury trial.

Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, except where a longer period is required by law.

Attorney fees. If we prevail in enforcing these Terms, we may recover our reasonable attorney fees and costs, where permitted by law.

EU and UK consumers. If you are a consumer in the EU or UK, mandatory local law may give you the right to bring proceedings in your home courts and may make the class-action and jury waivers unenforceable against you; nothing here removes rights the law makes non-waivable.

15. Miscellaneous

Severability and savings. If any provision is found unenforceable, it will be modified to the minimum extent needed to be enforceable, or severed, and the rest remains in effect. Nothing in these Terms limits any liability or right that cannot be limited or waived under applicable law.

Entire agreement. These Terms, the Privacy Policy, the Consumer Health Data Privacy Policy, and the Disclaimer and Assumption of Risk, Waiver and Release are the entire agreement between you and us regarding the Service.

Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

No waiver. Our failure to enforce a provision is not a waiver.

Electronic communications. You consent to receive notices from us electronically at the email on your account.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

16. Contact

Highmoon Works Inc.
131 Continental Drive, Suite 305, Newark, DE 19713, United States
support@highmoonworks.com