Terms of Use (EULA) – Kaizen | Hybrid Training App

Effective Date: October 8, 2025
Owner/Provider: Treze Marketing, S.L. (“we”, “us”, “our”)
Address: Avenida de la Innovación, 15 Of. 55, Edificio Pitágoras, 04131 Almería, Spain
Contact: info@kaizenhybrid.com
Website: https://kaizenhybrid.com/
Privacy Policy: https://kaizenhybrid.com/en/privacy-policy/

1. Agreement to Terms

These Terms of Use (“Terms”) govern your access to and use of the Kaizen Hybrid mobile application and related services (the “App”). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

These Terms supplement (and do not replace) the Apple Media Services Terms and Conditions and Apple’s Standard App Store EULA. If there is any conflict, the Apple terms apply to the extent required by Apple.

2. The App

Kaizen Hybrid provides training plans and journaling tools for “hybrid athletes”, including gym and running plans for different distances. The App may be used offline, though some features (e.g., syncing, analytics, account management, subscription status) may require an internet connection.

3. Accounts

You must create an account to save workouts and track progress. You are responsible for safeguarding your login credentials and for all activities under your account. Notify us immediately of any unauthorized use.

4. Eligibility & Fitness-Suitability Disclaimer

The App is intended for individuals who are capable of safely performing physical activity. We do not provide medical advice. Always consult a physician or qualified health professional before starting any fitness program, especially if you have (or suspect you have) a medical condition. Using the App is at your own risk, and you are responsible for determining whether any workout or plan is appropriate for you.

5. Subscriptions, Billing & Auto-Renewal (Apple Required)

The App offers auto-renewing subscriptions (monthly or yearly) billed via your Apple ID / iTunes account:

Payment is charged to your Apple ID at confirmation of purchase.
Subscription automatically renews unless you turn off auto-renew at least 24 hours before the end of the current period.
Your account is charged for renewal within 24 hours prior to the end of the current period.
You can manage and cancel your subscription in Settings > [Your Name] > Subscriptions (iOS).
If offered, free trials convert to a paid subscription unless canceled before the trial ends.
Partial refunds for unused periods are not provided, except where required by law or Apple’s policies.

All billing, refunds, and cancellations are handled by Apple under its terms.

6. In-App Purchases

We may offer additional paid features. Prices may change at any time. Taxes may apply as determined by your jurisdiction and Apple.

7. Privacy & Data

Your use of the App is subject to our Privacy Policy (linked above). We collect and process the following categories of data to operate and improve the App and your experience:

Account/Identity: name, email, birthday
Fitness Metrics: resting heart rate, maximum heart rate
Technical/Usage Data: device and interaction data (see Privacy Policy)

Analytics & SDKs: We use third-party tools (e.g., Mixpanel, RevenueCat) to understand usage, manage subscriptions, and improve the App. Data handling, retention, and your rights (including access, deletion, and objection) are described in the Privacy Policy.

You must provide accurate information and keep it up to date. Do not submit others’ personal data without lawful basis.

8. User Content

The App does not allow public user-generated content uploads. Your private workout logs and entries are processed as described in the Privacy Policy.

9. License and Intellectual Property

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the App on Apple-branded devices you own or control, as permitted by the App Store Terms. The App and all related content, trademarks, logos, and materials are owned by or licensed to Treze Marketing, S.L. and protected by applicable laws. We reserve all rights not expressly granted.

You may not: (a) copy, modify, or create derivative works; (b) reverse engineer or attempt to extract source code except to the extent permitted by law; (c) circumvent security or access controls; (d) use the App for unlawful purposes.

10. Prohibited Uses

You agree not to:

Use the App in violation of law or these Terms;
Interfere with or disrupt the App or its servers;
Access or collect data from the App by automated means except as permitted;
Misrepresent your identity or health status;
Attempt to gain unauthorized access to accounts, data, or systems.

11. Third-Party Services

The App may integrate or link to third-party services (including Apple, Mixpanel, RevenueCat). Those services are governed by their own terms and privacy policies. We are not responsible for third-party content, accuracy, security, or practices.

12. Health & Safety; No Warranties

You acknowledge that exercise involves inherent risks. We do not guarantee that any plan or recommendation will achieve specific results or be safe for every individual. The App and any information provided are for informational and educational purposes only and do not constitute medical advice.

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the App will be uninterrupted, error-free, secure, or meet your requirements.

13. Limitation of Liability

To the maximum extent permitted by law, Treze Marketing, S.L., its affiliates, and their officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data loss, personal injury, or property damage, arising from or relating to your use of (or inability to use) the App, even if advised of the possibility of such damages. Our total liability for any claim will not exceed the greater of (a) the amount you paid for the subscription in the 12 months preceding the claim, or (b) €50. Some jurisdictions do not allow certain limitations, so some may not apply to you.

14. Indemnification

You agree to indemnify and hold harmless Treze Marketing, S.L. and its affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms or misuse of the App.

15. Updates, Changes & Availability

We may modify, suspend, or discontinue the App (or any part) at any time. We may also update these Terms to reflect operational, legal, or regulatory reasons. Where required, we will provide notice (e.g., in-app notice or updated date). Continued use after changes means you accept the updated Terms.

16. Termination

You may stop using the App at any time and can cancel your subscription through Apple as described above. We may suspend or terminate your access if you materially breach these Terms, pose security risks, or as required by law. Upon termination, your license ends and you must cease all use and delete the App from your devices. Sections intended to survive (e.g., 9–14) will continue to apply.

17. Apple-Specific Terms

You acknowledge that Apple is not responsible for providing maintenance or support for the App, nor for any claims relating to the App or your possession or use of it, including product liability, legal or regulatory compliance, or consumer protection claims. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligations. You represent and warrant that you are not located in a country subject to U.S. Government embargo or designated as “terrorist supporting,” and that you are not on any U.S. Government list of prohibited or restricted parties. You agree to comply with applicable third-party terms when using the App.

18. Governing Law & Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by Spanish law. The courts of Almería, Spain shall have exclusive jurisdiction, without prejudice to any mandatory consumer protection rules that provide you with additional rights in your country of residence.

19. Severability; Waiver; Assignment; Entire Agreement

If any provision is found invalid or unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent. These Terms constitute the entire agreement between you and us regarding the App and supersede any prior agreements on the same subject.

20. Contact

For questions, support, or legal notices, contact:
Treze Marketing, S.L.
Avenida de la Innovación, 15 Of. 55, Edificio Pitágoras, 04131 Almería, Spain
Email: info@kaizenhybrid.com