Draft – to be reviewed. These terms haven't been checked by a solicitor yet.
Terms of Service
1. Who we are
Phase is run by Alec Daly, a sole trader based in the UK, trading as Phase ("we", "us"). Contact us at support@train-phaseperformance.com.
2. These terms
These terms apply when you use Phase, the coaching software at train-phaseperformance.com. By creating an account you agree to them. Our privacy policy explains how personal data is handled.
3. Accounts and who can use Phase
- You must be 13 or over. If you're 13 to 17, a parent or guardian must give consent before you can use Phase.
- Coaches and personal trainers must be 18 or over.
- Give accurate details, keep your password safe, and tell us if you think someone else has used your account.
- You're responsible for what happens under your account, including what any coaches you invite to your team do.
4. Athletes and clients are free
Athletes and clients never pay to use Phase. Coaches and personal trainers choose a plan. Your coach decides whether you stay on their team; if they leave Phase or remove you, you may lose access to what they wrote for you, but you can download your own data from My account.
5. Plans, the free trial and payment
- Paid plans come with a 30-day free trial, and no card is needed to start it.
- Prices are on our pricing page, in pounds sterling, and are paid monthly or yearly in advance.
- Plan limits count active athletes or clients: those who have logged in within the last 30 days.
- We may change prices. We'll tell you at least 30 days before a change affects you, and you can cancel before it does.
6. Cancelling
- You can cancel at any time. Your plan runs until the end of the period you've paid for and doesn't renew. We don't refund part-used periods, except where the law says we must.
- If you're a consumer rather than a business, you may have a legal right to cancel within 14 days of buying. If you ask us to start the service straight away, we may keep a fair amount for what you've used.
- You can delete your account at any time from My account. See the privacy policy for what's deleted and when.
- We may suspend or close an account that seriously or repeatedly breaks these terms, and we'll tell you why unless the law or safety prevents it.
7. Coaches and their athletes' data
If you're a coach or trainer, you decide what you record about your athletes and clients and why, so you are the data controller of that data, and we act as your data processor. You agree to:
- have a lawful basis for the data you record, and tell your athletes and clients how you use it;
- handle under-18s' data with particular care, and be honest when you confirm or correct someone's age;
- only invite coaches who should see that team's data, and remove them when they shouldn't;
- deal with requests from athletes about their data, with our help where you need it.
As your processor, we only use that data to provide Phase and on your instructions, keep it secure, use only the sub-processors listed in the privacy policy, tell you without undue delay about a personal data breach, and delete or return it when you close your account.
8. Acceptable use
You must not:
- break the law, or upload anything unlawful, abusive or that you don't have the right to use;
- add someone's personal data without a proper reason;
- try to access another person's account or data, or test, overload or get around Phase's security;
- copy, resell or scrape Phase, or use it to build a competing product.
9. Training and health
Phase is a tool for planning and recording training. It isn't medical advice, and generated programmes and calculated loads are suggestions for a qualified coach to check and adapt. Coaches are responsible for the training they prescribe. Athletes should train within their limits and see a medical professional about any injury or health concern.
10. Your content and ours
Your programmes, logs and other content stay yours. You let us store and display them as needed to run Phase for you. The Phase software, name and logo belong to us, and you may use the software only as part of your account.
11. Availability and changes
We work to keep Phase running and your data safe, but we can't promise it will never be interrupted. We may improve or change features. If we make a change that significantly reduces what you've paid for, we'll tell you and you can cancel and get a refund of the unused part.
12. Our liability
- Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn't allow us to limit. If you're a consumer, your legal rights aren't affected.
- If you use Phase for business, we aren't liable for loss of profit, business, goodwill or data, or for any indirect loss.
- If you use Phase for business, our total liability in any 12 months is limited to the greater of what you paid us in those 12 months and £100.
13. Changes to these terms
We may update these terms. If a change is significant, we'll tell you in the app or by email before it applies. If you don't agree, you can cancel before it does.
14. The law that applies
These terms are governed by the law of England and Wales, and its courts have jurisdiction. If you're a consumer living elsewhere in the UK, you can also bring a claim in the courts where you live.