Trainer Terms of Service

1. Introduction and Acceptance

These Trainer Terms of Service ("Agreement") govern your access to and use of the software platform, web application, and related services provided by LSTT Solutions Oy ("LostFit", "we", "us", "our") as a trainer, coach, gym operator, or other fitness or health professional ("Trainer", "you", "your").

By creating an account, clicking "I Accept", or otherwise using the Services, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you must not access or use the Services.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity to this Agreement, and the terms "you" and "your" refer to that entity.

2. Definitions

In this Agreement, the following terms have the meanings set out below:

• "Services" means the LostFit web application, mobile applications, websites (including lostfit.fi), APIs, and all related features and functionalities provided by LostFit, including any AI Add-On or Integrated Payments features.
• "Trainer App" means the web and mobile application interface through which Trainers manage their business, clients, programmes, and communications.
• "Client App" means the mobile application through which your clients access training programmes, track progress, and communicate with you.
• "Client" or "End User" means any individual you invite to or manage through the Services as a coaching client.
• "Content" means any data, text, files, programmes, images, videos, or other materials you upload, submit, or create through the Services.
• "AI Add-On" means the optional, paid feature that provides AI-assisted workout building and client progress summary capabilities, as described in Section 12.
• "Integrated Payments Service" means the optional feature enabling you to collect payments from your Clients through the Services, as described in Section 11.
• "Subscription Plan" means the plan you have selected and paid for to access the Services.
• "Trial Period" means a limited free-access period offered at LostFit's discretion under Section 8.

3. Eligibility and Account Registration

3.1 Eligibility

To enter into this Agreement, you must:

• be at least 18 years of age and have full legal capacity to enter into binding contracts;
• be acting in your professional capacity as a fitness or health professional; and
• comply with all applicable laws and regulations in your jurisdiction, including any professional licensing requirements applicable to your coaching or training activities.

3.2 Account Information

You agree to provide accurate, current, and complete information when registering your account and to keep all account information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at support@lsttsolutions.fi if you suspect any unauthorised access to or use of your account.

3.3 Business Registration

If you register as a business entity, you represent and warrant that the entity is validly incorporated or established under applicable law and that you have authority to bind it to this Agreement.

4. Nature of the Services

4.1 Platform Only

LostFit provides a technology platform to help you manage your training business, communicate with clients, deliver programmes, and track progress. LostFit does not provide coaching, training, nutrition, or medical services and is not a party to any agreement you enter into with your Clients.

4.2 Your Responsibility for Coaching Services

You are solely responsible for:

• the quality, accuracy, legality, and appropriateness of all coaching services, programmes, advice, and Content you provide to your Clients;
• ensuring you hold any required qualifications, certifications, or licences to provide the services you offer;
• your compliance with all applicable laws, professional standards, and regulations, including data protection and consumer protection laws; and
• any interactions, disputes, or claims between you and your Clients.

4.3 Not Medical Advice

Nothing on the Services constitutes medical advice. You must not use the Services to provide, or represent that you are providing, medical diagnosis, treatment, or clinical health services.

5. Client Relationship and End User Terms

5.1 Your Contract with Clients

You are solely responsible for any contractual relationship between you and your Clients. LostFit is not a party to any such agreement. You must ensure that any agreement you enter into with Clients complies with all applicable laws, including consumer protection laws.

5.2 Acceptance of End User Terms

When onboarding a Client to the Services, you must ensure that each Client accepts LostFit's Client Terms of Service before accessing the Client App. The onboarding process provides a mechanism for Clients to do so.

5.3 Client Age Requirements

You may only invite or onboard Clients who are at least 16 years of age. You must not create accounts or profiles for Clients under 16. Clients aged 16 or older may consent to use the Services on their own behalf. You remain responsible for complying with any professional or legal obligations applicable to providing fitness services to clients under 18 in your jurisdiction.

6. Licence Grant and Intellectual Property

6.1 Licence to You

Subject to your compliance with this Agreement and payment of applicable fees, LostFit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your internal professional coaching business purposes during the term of this Agreement.

6.2 Your Content

You retain ownership of all Content you create and upload to the Services, including training programmes, videos, templates, and documents. By uploading Content, you grant LostFit a limited, non-exclusive, worldwide, royalty-free licence to host, process, display, and reproduce that Content solely to the extent necessary to provide the Services to you and your Clients.

Except as expressly set out in Sections 6.4, 6.5, and 6.6, we will not use your Content for any other purpose without your explicit permission.

Your warranty. You represent and warrant that you own, or hold all necessary rights and licences to, all Content you upload, and that your Content does not infringe the intellectual property, privacy, or other rights of any third party. You are responsible for obtaining any permission required for material created by others (including exercise videos, photographs, illustrations, and text) before uploading it to the Services.

6.3 LostFit's Intellectual Property

LostFit retains all rights, title, and interest in and to the Services, including all software, designs, trademarks, logos, and infrastructure. Nothing in this Agreement transfers ownership of any LostFit intellectual property to you.

6.4 Feedback

If you provide suggestions or ideas specifically about improving LostFit's platform features ("Feedback"), you grant LostFit a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate that Feedback into the Services without any obligation to compensate you. This clause does not apply to your coaching programmes, training methodologies, workout templates, or other professional Content, which are governed by Sections 6.2 and 6.6.

6.5 Aggregated and Anonymised Data

LostFit may use anonymised and aggregated data derived from use of the Services for analytics, service improvement, business intelligence, research, benchmarking, and industry reporting, and may publish, license, or otherwise commercially exploit the resulting aggregated insights, statistics, benchmarks, and reports.

This applies only to data that has been aggregated or anonymised so that it cannot be used to identify any individual, and no such publication will identify you, your organisation, or any Client as the source of the underlying data without your prior consent.

6.6 AI Model Training Licence

To enable LostFit to develop, train, and improve its AI models and AI-assisted features, you grant LostFit a non-exclusive, royalty-free, worldwide, sublicensable licence to use the non-personal elements of your Content — including workout programme structures, exercise templates, training plan progressions, and periodisation approaches — in anonymised or aggregated form to train, fine-tune, evaluate, and improve LostFit's AI models, and to operate and commercially exploit the resulting models and their outputs.

Scope of the licence.

• The licence applies only to programme and template content you have created and uploaded. It does not extend to any Client personal data, Client health data, Client measurements, Client progress photos, messages, or any data that identifies or could reasonably identify an individual Client.
• The licence is sublicensable only to the extent necessary to carry out training, evaluation, and hosting on third-party infrastructure, and to permit users of LostFit's models to use their outputs.
• The licence is perpetual and irrevocable in respect of Content that has already been incorporated into a trained model, for the reason given under "Opting out" below. In all other respects it continues for the term of this Agreement and survives its termination.

What LostFit will not do.

• LostFit will not sell, license, publish, or otherwise make your Content available to any third party as content. Your programmes, templates, and materials are not a product LostFit sells, and will not be reproduced or redistributed in identifiable form.
• LostFit will not use your Content to train models on behalf of another trainer, gym, or competitor as a bespoke service for them.

What LostFit may do. LostFit may make the models trained under this licence available to third parties — including as a paid product, hosted service, or application programming interface (API) — and may charge for that access. This does not involve disclosing your Content.

Ownership.

• You retain ownership of your Content at all times. This licence does not transfer any intellectual property rights in your Content to LostFit.
• All AI models, model weights, parameters, architectures, derived datasets, and outputs generated by LostFit's models are and remain the sole property of LostFit. You acquire no right, title, or interest in them by reason of your Content having been used as training data, and no right to any revenue derived from them.

Opting out. You may opt out of this licence at any time in the LostFit web application, under Settings → Privacy (Asetukset → Tietosuoja), or by contacting us at the address set out in Section 22. The setting applies to the Content you created; where several trainers work under one organisation, each controls their own. An opt-out takes effect for the future only: it stops LostFit from using your Content in any subsequent training or evaluation run, and LostFit will remove your Content from its training datasets. It does not affect models that have already been trained, because trained model weights cannot be separated back into the individual contributions that produced them, and it does not affect any use that occurred before the opt-out was received. Opting out does not restrict or degrade your access to the Services in any way.

This clause constitutes the explicit permission referred to in Section 6.2 for the use of Content to train and improve LostFit's AI models.

6.7 Reservation of Rights and Derived Materials

All rights not expressly granted in this Agreement are reserved to their respective owners. No licence, right, or interest in any LostFit intellectual property is granted to you by implication, estoppel, or otherwise. Nothing in this Agreement grants you any right to use LostFit's name, trademarks, logos, or branding without LostFit's prior written consent.

Derived materials. Any material LostFit creates from or in connection with Content or use of the Services — including datasets, indexes, embeddings, vector representations, statistical models, benchmarks, aggregated insights, and reports — is and remains the sole property of LostFit, together with all intellectual property rights in it. This does not affect your ownership of the underlying Content, and applies only to material that does not reproduce your Content in identifiable form.

The Services, and all software, models, designs, text, graphics, and other materials comprising them, are protected by copyright and other intellectual property laws. © LSTT Solutions Oy. All rights reserved.

6.8 Customer Reference

LostFit may identify you or your organisation as a customer of LostFit, and use your trading name and logo for that purpose, in its marketing materials, on its website, and in customer lists and investor materials. Any such use will be factual, will not suggest that you endorse LostFit beyond being a customer, and will follow any brand guidelines you provide.

You may opt out at any time by written request to the address in Section 22. LostFit will stop the use within 30 days of the request, and will remove it from materials still under its control, although material already printed or distributed may remain in circulation.

7. Acceptable Use

You agree that you will not, and will not permit any person to, use the Services to:

• violate any applicable law or regulation, including data protection, consumer protection, and anti-spam laws;
• upload or transmit content that is unlawful, harmful, defamatory, fraudulent, deceptive, abusive, harassing, threatening, discriminatory, or infringing of any third party's intellectual property or other rights;
• impersonate any person or entity or misrepresent your identity, qualifications, or affiliation;
• share your login credentials or grant access to your account to any unauthorised person;
• attempt to probe, scan, test the vulnerability of, or circumvent any security measures of the Services;
• reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services;
• use automated means, bots, scrapers, or scripts to access, extract, or monitor the Services;
• sublicense, resell, rent, or commercially exploit the Services in any manner not expressly permitted by this Agreement;
• interfere with or disrupt the Services or the servers or networks connected to the Services;
• collect or harvest any personal data from other users without their informed consent; or
• use the Services for any purpose that is harmful to minors.

LostFit reserves the right to suspend or terminate your account immediately for any breach of this Section.

8. Subscription, Trial, and Fees

8.1 Subscription Plans

Access to the Services is subject to payment of the subscription fees applicable to your chosen Subscription Plan. Current pricing is displayed on lostfit.fi. All fees are stated in euros (EUR) exclusive of VAT, unless otherwise stated.

8.2 Trial Period

LostFit may, at its sole discretion, offer a Trial Period of 14 days to new Trainer accounts. To start the Trial Period you must select a Subscription Plan and provide valid payment details. You are not charged during the 14-day Trial Period.

Automatic conversion to a paid subscription. Unless you cancel before the Trial Period ends, your trial will automatically convert into a paid subscription for the plan you selected, and the payment method you provided will be charged the applicable subscription fee at the end of the 14th day. The subscription then renews automatically in accordance with Section 8.3 until cancelled.

Your right to cancel. You may cancel at any time during the Trial Period — through your account settings or by contacting support@lsttsolutions.fi — with no charge and no penalty. If you cancel before the Trial Period ends, no payment will be taken and your access ends when the Trial Period expires. Before the trial converts, LostFit will make the applicable fee, billing cycle, and the conversion date available to you (for example on the checkout screen and by email confirmation).

LostFit may modify or discontinue the Trial Period offering at any time. If LostFit discontinues an active Trial Period while you are using it, LostFit will provide at least 7 days' prior notice by email before terminating access. LostFit is not liable for any indirect or consequential damages resulting from trial modification or discontinuation.

8.3 Billing and Renewal

Subscription fees are billed in advance on a monthly or annual basis depending on your selected billing cycle. Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. You authorise LostFit and its payment processors to charge your payment method on each renewal date.

8.4 Fee Changes

LostFit may modify subscription fees at any time by giving you at least 30 days' prior written notice by email or through the Services. Continued use of the Services after the effective date of a fee change constitutes acceptance of the new fees. If you do not accept the change, you may cancel your subscription before the change takes effect.

8.5 Non-Refundable Fees

All fees paid are non-refundable except as required by applicable mandatory consumer protection laws or as expressly stated in this Agreement. There are no credits or refunds for partial subscription periods.

8.6 Taxes

You are responsible for all taxes, duties, and levies (including VAT) applicable to your use of the Services. If LostFit is required to collect VAT or similar taxes on your subscription, these will be added to your invoice. You are responsible for any taxes applicable to your own commercial activities with Clients.

8.7 Overdue Payments

If any fees remain unpaid, LostFit may suspend access to your account after giving you reasonable notice. Overdue amounts may accrue statutory late interest in accordance with the Finnish Act on Interest (633/1982) or other applicable law.

9. Payment Processing

LostFit uses third-party payment processors, including Stripe, to process subscription payments. By providing payment information, you authorise LostFit and its payment processors to charge your payment method for applicable fees. The payment processor's terms and privacy policy govern the processing of your payment data. LostFit is not responsible for errors made by any payment processor.

10. Data Protection and Privacy

10.1 LostFit as Processor

When you use the Services to manage Client data, you act as the data controller for your Clients' personal data and LostFit acts as a data processor on your behalf. Our processing of Client data on your behalf is governed by the Data Processing Agreement (DPA) which forms part of this Agreement.

10.2 Your Obligations as Controller

You are solely responsible for:

• ensuring you have a valid legal basis under the GDPR for processing your Clients' personal data;
• providing Clients with appropriate privacy information about how their data is used;
• obtaining any necessary consents, including explicit consent for the processing of health data;
• complying with all applicable data protection laws, including the GDPR; and
• handling Client requests to exercise their data subject rights.

10.3 LostFit's Privacy Policy

LostFit's processing of your account data and other data for which LostFit acts as controller is described in the LostFit Privacy Policy, available at lostfit.fi/privacy.

11. Integrated Payments Service

Note: The Integrated Payments Service described in this section is in development and not yet available. When it becomes available, trainers who elect to use it will be required to accept Stripe's Connected Account Agreement in addition to these terms, and will be subject to Stripe's KYC and identity verification requirements as a regulated payment service provider.

11.1 Optional Feature

If you elect to use the Integrated Payments Service to collect payments from your Clients through the Services, additional terms in this Section apply. Use of the Integrated Payments Service is facilitated by a third-party payment processor (Stripe). LostFit only provides the technical integration.

11.2 Your Responsibilities

By using the Integrated Payments Service, you acknowledge and agree that:

• payments from Clients are processed directly to you, net of any applicable transaction fees;
• you are solely responsible for your pricing, refund, return, and cancellation policies, and for resolving all disputes with Clients regarding payments;
• you must clearly communicate all charges, fees, and material terms to Clients before completing a transaction;
• you are responsible for collecting and remitting all applicable taxes (including VAT) on transactions with your Clients;
• LostFit is not liable for any failure, error, dispute, refund, or chargeback relating to Client payments; and
• you may only use the Integrated Payments Service for legitimate, lawful transactions with your Clients.

11.3 No LostFit Liability

LostFit is not responsible for and has no liability in connection with any payments, disputes, chargebacks, or refunds between you and your Clients.

12. AI Add-On — AI Workout Builder, Nutrition Assistance, and Client Progress Summary

12.1 Optional Paid Feature

The AI Add-On is an optional paid feature providing AI-assisted workout generation, nutrition and meal-planning assistance, and client progress summaries. Use of the AI Add-On is subject to payment of the applicable additional fee.

Individual capabilities are released separately and are enabled per feature. Not every capability described in this Section is available at any given time, and nutrition and meal-planning assistance is not yet available.

12.2 Data Processing in the AI Add-On

Before any data is submitted to an AI provider, direct identifiers are removed: no name, email address, phone number, postal address, photograph, or free-text note is transmitted. What is transmitted is pseudonymised training and progress data — for example body measurements, weight history, goals, and per-exercise progression — which remains personal data under the GDPR because LostFit retains the ability to link it back to a Client.

The AI Add-On is not yet available, and no AI provider is engaged at present. Before the feature is enabled, LostFit will add the provider to Appendix B of the Data Processing Agreement with its processing location and transfer mechanism, and will give you the 15 days' advance notice of a new sub-processor required by that agreement. Any provider engaged will process the data on LostFit's instructions and will be contractually prohibited from using it to train its own models.

12.3 Transparency and Labelling of AI Content

Content generated with the assistance of AI is labelled as AI-assisted in the Services, in accordance with Article 50 of Regulation (EU) 2024/1689 (the EU AI Act). Where you deliver AI-assisted content to a Client, you must not remove, obscure, or misrepresent that label, and you must not present AI-generated content to a Client as though it had been produced without AI assistance.

12.4 Outputs Are Not Medical Advice

AI-generated workout suggestions, programmes, and summaries ("AI Outputs") are provided for convenience and as a starting point only. AI Outputs:

• are not a substitute for your professional judgement, expertise, or knowledge of your individual Client;
• do not constitute medical advice, diagnosis, or treatment;
• must be reviewed and assessed by you for appropriateness before being provided to any Client; and
• must not be provided to Clients with disclosed medical conditions without an appropriate disclaimer.

12.5 Your Responsibility for AI Outputs

You must review every AI Output before providing it to a Client. This is a condition of using the AI Add-On, not a recommendation. You are solely responsible for:

• reviewing all AI Outputs before providing them to Clients;
• ensuring AI Outputs are suitable for each Client's individual circumstances, health status, and fitness level;
• complying with all applicable laws and professional standards regarding the use of AI-assisted tools in your jurisdiction; and
• any representations, warranties, or claims you make to Clients about AI-generated content.

Nutrition and meal-planning outputs. Where the AI Add-On generates nutrition, meal, or dietary content, you must additionally check, before providing it to a Client, that it is consistent with everything you know about that Client's:

• food allergies and intolerances;
• medical conditions affecting diet, including diabetes, coeliac disease, and kidney, liver, or cardiovascular conditions;
• medication, including any interaction between medication and specific foods;
• pregnancy or breastfeeding; and
• energy requirements, and any history of disordered eating.

An AI Output is generated from the data recorded in the Services and will not reflect information that has not been recorded, and may not correctly reflect information that has. You must not provide AI-generated nutrition content to a Client where doing so would fall outside your professional qualifications, or where the Client's circumstances call for advice from a registered dietitian or medical professional.

12.6 No Warranty for AI Outputs

LostFit makes no representations, warranties, or guarantees regarding the accuracy, completeness, suitability, or safety of any AI Outputs. LostFit expressly disclaims all liability arising from your use of, or reliance on, any AI Outputs.

13. Service Availability and Changes

13.1 Availability

LostFit will use commercially reasonable efforts to maintain the availability and reliability of the Services. However, LostFit does not guarantee uninterrupted or error-free access to the Services. The Services may be temporarily unavailable due to maintenance, upgrades, security patches, or events outside LostFit's reasonable control.

13.2 Modifications

LostFit may, at any time, modify, update, or discontinue any feature or part of the Services, including by adding or removing features, changing pricing tiers, or updating technical specifications. LostFit will use reasonable efforts to provide advance notice of material changes where practicable.

14. Term and Termination

14.1 Term

This Agreement commences on the date you accept it and continues for the duration of your active Subscription Period, renewing automatically unless terminated in accordance with this Agreement.

14.2 Termination by You

You may terminate this Agreement at any time by cancelling your subscription through your account settings or by contacting support@lsttsolutions.fi. Termination takes effect at the end of your current paid Subscription Period.

14.3 Termination by LostFit

On notice and after an opportunity to remedy. LostFit may terminate this Agreement if you materially breach it and fail to remedy the breach — where it is capable of remedy — within 14 days of written notice describing the breach.

Immediately and without prior notice. LostFit may suspend or terminate your account and this Agreement immediately where:

• you breach Section 7 (Acceptable Use) in a manner that creates a risk of harm to Clients, to other users, or to the security or integrity of the Services;
• you breach Section 10 (Data Protection) in a manner that creates a risk to the personal data of Clients;
• you become insolvent, enter liquidation, or are subject to similar insolvency proceedings; or
• LostFit is required to do so by law.

Where LostFit suspends or terminates under this paragraph, it will tell you the reason as soon as it is lawfully able to do so.

Without cause. LostFit may terminate this Agreement without cause by giving you 30 days' prior written notice. Where LostFit terminates without cause, it will refund the unused portion of any subscription fee you have already paid for the period after termination takes effect, calculated on a pro-rata basis. This is the only circumstance in which Section 8.5 does not apply.

14.4 Effect of Termination

Upon termination:

• your right to use the Services ends on the effective date of termination;
• for 30 days following the effective date of termination, you may request an export of your Content and your Clients' personal data, as provided in Article 8 of the Data Processing Agreement. Send the request to the address in Section 22 and LostFit will provide the export in a structured, commonly used, machine-readable format within 30 days of the request. You are responsible for making the request within that window;
• after the 30-day export window closes, LostFit will delete your data in accordance with the Privacy Policy, the Retention Policy, and the Data Processing Agreement; and
• all provisions that by their nature should survive termination — including Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 7, 12.6, 15, 16, 17, 18, and 21.5 — will survive.

15. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOSTFIT DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE ACCESS TO THE SERVICES.

16. Limitation of Liability

Sections 16.1 to 16.7 apply to the maximum extent permitted by applicable mandatory law, and are in every case subject to Section 16.8.

16.1 Excluded Losses

LostFit is not liable for any indirect, incidental, special, punitive, or consequential damages, including loss of business, revenue, profits, anticipated savings, goodwill, or reputation, arising out of or in connection with this Agreement or the Services.

16.2 Aggregate Cap

LostFit's total aggregate liability to you for all claims under or in connection with this Agreement — including claims under the Data Processing Agreement — is limited to the amount of subscription fees paid by you to LostFit during the 30 days preceding the event giving rise to the claim.

16.3 Substitute Cap

The parties have agreed the limit in Section 16.2 as a deliberate allocation of risk, reflecting the subscription price of the Services and the fact that they are provided without warranty under Section 15.

If a court or other competent authority determines that the limit in Section 16.2 is unenforceable, unreasonable, or void, it is the parties' express intention that it be replaced by a limit equal to the subscription fees paid by you to LostFit during the 12 months preceding the event giving rise to the claim, and not that LostFit's liability be unlimited. If that substitute limit is in turn held unenforceable, LostFit's liability is limited to the largest amount that is enforceable.

16.4 Exclusive Remedy

Your sole and exclusive remedy for any failure, defect, interruption, or unavailability of the Services is to terminate this Agreement under Section 14.2.

A refund arises only where LostFit has charged you for a billing period in which the Services were substantially unavailable to you for a sustained period, in which case LostFit will refund a proportionate part of the fee for that period. Short interruptions, scheduled maintenance, degraded performance, and the unavailability of an individual feature do not give rise to a refund (Section 16.5).

This does not change how cancellation works. As set out in Sections 8.5 and 14.2, cancelling your subscription does not produce a refund: your access continues until the end of the billing period you have already paid for, and there are no credits or refunds for partial periods. The only other circumstance in which LostFit refunds prepaid fees is termination by LostFit without cause under Section 14.3, or termination following a prolonged Force Majeure Event under Section 21.5.

16.5 No Uptime Commitment or Service Credits

LostFit gives no uptime guarantee, service level agreement, or availability commitment (see Section 13.1). LostFit does not provide service credits, rebates, or compensation for downtime, degraded performance, maintenance windows, or interruptions of any kind.

16.6 Third-Party Providers and Infrastructure

The Services depend on infrastructure and services operated by third parties, including the sub-processors listed in Appendix B of the Data Processing Agreement (for example Supabase, Cloudflare, Vercel, Stripe, Resend, Sentry, PostHog, and OneSignal). LostFit is not liable for any loss arising from the acts, omissions, outage, degradation, security failure, insolvency, or discontinuation of any such provider, or from any change such a provider makes to its own service or terms.

Where a provider's failure prevents LostFit from performing, Section 21.5 (Force Majeure) also applies.

16.7 Content and Data

(a) Loss of data. LostFit is not liable for the loss, corruption, deletion, or unavailability of Content or data, whether such loss is direct or indirect, except to the extent that Section 16.8 provides otherwise. This exclusion is stated expressly, and separately from Section 16.1, so that it applies regardless of how such a loss is characterised.

(b) Your own copies. The Services are not a backup, archival, or record-retention service. You may request an export of your Content and your Clients' personal data at any time (Section 14.4), and you are responsible for retaining your own independent copies of any Content you consider business-critical. LostFit maintains encrypted backups as described in Appendix C of the Data Processing Agreement, but those backups exist to support LostFit's own service continuity and are not a substitute for records you are required or wish to keep.

(c) Notification of claims. Any claim under or in connection with this Agreement must be notified to LostFit in writing within 12 months of the date on which you became aware, or ought reasonably to have become aware, of the circumstances giving rise to it. Claims not notified within that period are waived, to the extent such a limit is permitted by law. This Section 16.7(c) does not apply where you qualify as a consumer, in which case the statutory limitation period under the Finnish Act on Limitations (728/2003) applies in full and is not shortened by this Agreement.

16.8 Liabilities That Cannot Be Excluded

Nothing in this Agreement, and nothing in Sections 16.1 to 16.7, excludes or limits any liability that cannot be excluded or limited under applicable mandatory law. This Section prevails over every other provision of this Section 16. It includes:

• liability for death or personal injury caused by negligence;
• liability for fraud or fraudulent misrepresentation;
• liability for wilful misconduct or gross negligence;
• liability arising under Article 82 of the GDPR to the extent it cannot lawfully be limited between the parties; and
• where you qualify as a consumer under applicable EU or Finnish consumer protection law, any right granted to you by mandatory consumer protection law, including the Finnish Consumer Protection Act (38/1978). The limitations and exclusions in this Section apply to you only to the extent permitted by that law.

17. Indemnification

You agree to indemnify, defend, and hold harmless LostFit, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• your use of the Services or your violation of this Agreement;
• your coaching, training, or other professional services provided to Clients;
• your Content uploaded to the Services;
• your breach of any applicable law, including data protection, professional licensing, or consumer protection laws; and
• any dispute between you and any Client, except to the extent that such dispute arises directly from a defect or malfunction in the LostFit platform caused solely by LostFit.

For the avoidance of doubt, this indemnity applies to any claim arising from an AI Output you provided to a Client. Reviewing AI Outputs before delivery is your obligation under Section 12.5, and a failure to review does not transfer responsibility for the output to LostFit.

18. Confidentiality

Each party agrees to keep confidential any non-public, proprietary, or commercially sensitive information of the other party that it obtains in connection with this Agreement ("Confidential Information"), and not to use or disclose such information except as necessary to perform its obligations or exercise its rights under this Agreement, or as required by law. This obligation does not apply to information that is publicly available, independently developed, or lawfully received from a third party without restriction.

This confidentiality obligation does not prevent either party from: (a) disclosing information to data subjects exercising their rights under applicable data protection law; (b) responding to requests from data protection supervisory authorities or other regulatory bodies as required by law; (c) complying with any other legal obligation to disclose; or (d) sharing information as necessary to operate the Data Processing Agreement between the parties.

19. Changes to This Agreement

LostFit may update this Agreement from time to time. We will notify you of material changes by email or via a notice in the Services at least 30 days before the changes take effect. Your continued use of the Services after the effective date of an updated Agreement constitutes your acceptance of the changes. If you do not accept the changes, you may terminate this Agreement before the effective date without penalty.

20. Governing Law and Dispute Resolution

20.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of Finland, without regard to its conflict-of-laws provisions.

20.2 Dispute Resolution

The parties will attempt to resolve any dispute arising out of or in connection with this Agreement through good-faith negotiation. If a dispute cannot be resolved within 30 days of written notice, either party may refer the matter to the competent courts.

20.3 Jurisdiction

Any dispute that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the District Court of Helsinki (Helsingin käräjäoikeus), Finland.

20.4 Consumer Dispute Resolution

For Trainers who qualify as consumers under applicable EU or Finnish consumer protection law, disputes may also be referred to the Finnish Consumer Disputes Board (Kuluttajariitalautakunta) at https://www.kuluttajariita.fi, after first contacting the Finnish Consumer Advisory Service (Kuluttajaneuvonta).

21. General Provisions

21.1 Entire Agreement

This Agreement, together with the Privacy Policy and the Data Processing Agreement, constitutes the entire agreement between you and LostFit with respect to the Services and supersedes all prior agreements, representations, and understandings relating to the same subject matter.

21.2 Severability

If any provision of this Agreement is found by a competent court to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will continue in full force and effect.

21.3 Waiver

LostFit's failure to enforce any provision of this Agreement will not constitute a waiver of LostFit's right to enforce that provision in the future.

21.4 Assignment

You may not assign or transfer this Agreement or any rights or obligations under it without LostFit's prior written consent. LostFit may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets, with reasonable notice to you.

21.5 Force Majeure

Neither party is liable for any delay or failure to perform its obligations under this Agreement to the extent caused by circumstances beyond its reasonable control (a "Force Majeure Event"), including:

• outage, degradation, data loss, insolvency, or discontinuation of a cloud, hosting, database, email, or payment provider on which the Services depend;
• cyberattack, denial-of-service attack, ransomware, or malicious code originating outside the affected party's systems;
• failure of internet backbone, telecommunications, or DNS infrastructure;
• war, armed conflict, invasion, terrorism, sabotage, or civil unrest;
• sanctions, embargoes, export controls, or other government or regulatory action;
• epidemic, pandemic, or public health emergency;
• energy shortage, power failure, or interruption of essential utilities;
• strike, lockout, or labour dispute not involving the affected party's own workforce; and
• fire, flood, earthquake, storm, or other natural disaster.

During a Force Majeure Event the affected party's obligations are suspended, not breached, for as long as the event continues and to the extent it is affected. The affected party will notify the other without undue delay and will use reasonable efforts to resume performance.

Subject to mandatory consumer protection law, LostFit is not obliged to refund subscription fees for a period affected by a Force Majeure Event.

If a Force Majeure Event prevents substantial performance for more than 60 consecutive days, either party may terminate this Agreement on written notice without liability, and LostFit will refund the unused portion of any prepaid fee.

This Section does not suspend either party's obligations under data protection law. Security obligations, personal data breach notification, and data subject rights continue to apply during a Force Majeure Event, in accordance with the GDPR and the Data Processing Agreement.

21.6 Language

This Agreement is executed in English. In the event of any conflict between an English version and any translation, the English version will prevail.

22. Contact Information

If you have any questions about this Agreement, please contact us at:

LSTT Solutions Oy Business ID (Y-tunnus): 3585888-3 Registered address: Takkulantie 320, 21270 Nousiainen, Finland Website: https://lostfit.fi Email: legal@lsttsolutions.fi Support: support@lsttsolutions.fi

© LSTT Solutions Oy. All rights reserved.