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Legal document · 02

Terms of Use

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Version
1.5
In force since
08 April 2026
Last updated
27 July 2026
Draft — pending legal review before publication
In this document
  1. 1. Acceptance of Terms
  2. 2. Description of the Service
  3. 3. Nature of the Service — Decision Support Tool
  4. 4. Eligibility and Registration
  5. 5. User Obligations
  6. 6. Intellectual Property
  7. 7. Data Sharing and Consent
  8. 8. Subscriptions and Payments
  9. 9. Availability and Maintenance
  10. 10. Disclaimer of Warranties
  11. 11. Limitation of Liability
  12. 12. Indemnification
  13. 13. Suspension and Termination
  14. 14. Dispute Resolution
  15. 15. General Provisions
  16. 16. Contact

Last updated: 27 July 2026 Version: 1.5


1. Acceptance of Terms

These Terms of Use ("Terms") govern access to and use of the iBetterCoach platform ("Platform"), operated by iBetterCoach [legal entity name TBD] ("we", "our").

For the purposes of these Terms:

  • Professional Customer (also referred to as "Professional", "User" or "you"): the natural or legal person who contracts or uses the Platform in the course of a professional activity covered by section 4.1.
  • Athlete: the natural person whose profile and data are managed on the Platform by a Professional Customer and who may use the associated mobile application.

These Terms apply to the Professional Customer. The Athlete is governed by the Athlete Terms (athlete-terms) and the Informed Consent (informed-consent).

By creating an account, accessing or using the Platform, the Professional Customer declares that they have read, understood and fully accept these Terms, as well as our Privacy Policy. If you do not agree with any of the terms described here, you should not use the Platform.


2. Description of the Service

iBetterCoach is a software-as-a-service (SaaS) platform that provides support tools for fitness and sport professionals, including:

  • Management of athlete profiles
  • Assisted generation of training prescriptions and nutrition plans
  • Health screening and risk assessment (ACSM protocol)
  • Physical assessment protocols
  • Metabolic and physiological calculators
  • Supplementation management
  • Automatic synchronisation of wearable data from Apple Health / Health Connect in the Athlete's mobile application (steps, heart rate, resting heart rate, sleep, HRV, VO₂max, training sessions), subject to specific, optional and revocable health consent (see Privacy Policy)
  • Operational tools for gyms and academies

For clarity as to data collection: in the mobile application the Athlete enters manual measurements (weight, waist, hip) and, optionally, body photos (only for data subjects aged 18 or over), and may enable the automatic wearable synchronisation described above. The anamnesis and sensitive clinical data (conditions, medication, surgeries) are entered in the web platform by the Professional, and not in the mobile application.


3. Nature of the Service — Decision Support Tool

3.1 The Platform Does Not Replace Professional Judgement

iBetterCoach is a professional decision support tool, not a healthcare, exercise or nutrition provider. All prescriptions, suggestions, calculations and recommendations generated by the Platform constitute initial proposals based on scientific guidelines and must be understood as a starting point for the professional's decision.

3.2 Validation Obligation

The Professional is fully responsible for:

  • Validating all prescriptions and suggestions before applying them or sharing them with their athletes
  • Adjusting proposals to the actual context of the athlete (physical condition, limitations, preferences, history)
  • Supervising the execution of prescribed programmes
  • Continuously evaluating the suitability of prescriptions in light of the athlete's evolution
  • Referring the athlete to competent health professionals whenever the situation exceeds their scope of practice

3.3 Disclaimer of Liability for Prescriptions

iBetterCoach is not liable, under any circumstances, for prescription decisions made on the basis of suggestions, calculations or information provided by the Platform. Responsibility for prescribing exercise and nutrition plans lies exclusively with the Professional who issues and applies them.

The Professional acknowledges that:

  • Suggestions generated by the Platform are informative and indicative
  • The application of any prescription without adequate professional validation is the sole responsibility of the User
  • The Platform does not replace medical consultation, evaluation by a nutritionist, physiotherapist or any other health professional
  • In case of doubt about any prescription or recommendation, the Professional must consult competent professionals and reliable sources before taking any decision

3.4 Health Notice

The information made available on the Platform — including data on clinical conditions, medications, supplements and protocols — is exclusively educational and intended for professional support. It does not constitute medical, nutritional or health advice. The Platform is not a medical service, does not diagnose, does not treat and does not replace medical advice. The suggestions, calculations and information presented may contain errors and require professional validation. Before starting any exercise or eating programme, athletes must be evaluated by qualified health professionals, as recommended by the American College of Sports Medicine (ACSM). See, for this purpose, the Medical Disclaimer document (medical-disclaimer).

3.5 Responsible Gamification

The Platform's gamification and metrics-display features are intended to celebrate habits and adherence and to reinforce the Professional's prescription, never to exceed it. The Platform does not encourage effort beyond the Athlete's limits (it does not promote, for example, "one more repetition" or "one more kilometre"). Special care is applied to weight and body-composition metrics and to use by minors.


4. Eligibility and Registration

4.1 Credentialed Professionals Only

The Platform is intended exclusively for credentialed professionals — personal trainers / physical exercise professionals and nutritionists/dietitians — holding a valid professional registration with the competent body in their country, as well as managers and owners of gyms and academies operating with credentialed professionals. By way of example, applicable registration bodies include:

  • Portugal: the TPTEF (professional title for physical exercise technicians, issued by the IPDJ) and the Ordem dos Nutricionistas (nutritionists);
  • Other European Economic Area States: the equivalent competent body in the Professional's State of establishment.

By creating an account, the User represents and warrants that they hold a valid and active professional registration with the competent body, that they are authorised to practise, and that all information provided is truthful and up to date. iBetterCoach may suspend or terminate accounts whose holder does not hold a valid registration. The Platform is a support tool and does not replace professional judgment or responsibility (see section 3).

4.2 Registration Requirements

  • Be at least 18 years old
  • Declare, at the time of registration, that you are a credentialed professional with valid registration (eligibility declaration)
  • Provide truthful, complete and up-to-date information, including, where applicable, professional registration details
  • Maintain the confidentiality of access credentials
  • Immediately notify any unauthorised use of the account

4.3 Single Account

Each Professional must maintain a single account. Sharing of access credentials is prohibited.

4.4 Age of Athletes

The application is intended for Athletes aged 16 and over. The submission of body photos is prohibited for minors under 18, and a technical block is applied to that effect. The Professional must not enter into the Platform data relating to persons under 16 years of age.

⚠️ [to be confirmed by legal counsel] In the processing of health data of Athletes aged 16 or 17, it remains to be determined whether the consent of the data subject alone is sufficient or whether the consent of the holder of parental responsibility is also required.

4.5 Territorial Scope

The Platform is operated from Portugal and is intended for Professional Clients established in Portugal and in the other States of the European Economic Area. Prices are displayed in euros and the service is provided in Portuguese and English.

iBetterCoach does not direct its commercial activity to markets outside the European Economic Area, does not adapt the service to the regulatory, professional-conduct or data protection requirements of third countries, and does not carry out advertising, solicitation, or adaptation of pricing, currency or payment methods there.

Access to the Platform from other territories, where technically possible, occurs at the Professional Client's sole initiative. In that case, it is for the Professional Client to verify and ensure compliance with the legislation applicable to them, in particular as regards their professional qualification, the remote exercise of their activity, and the processing of their Athletes' data. iBetterCoach does not warrant that the Platform is suitable for, or compliant with, the law of any jurisdiction outside the European Economic Area.

This clause defines the scope of our offering and does not exclude the mandatory consumer protection rules applicable under the law of the Professional Client's habitual residence, where they act as a consumer.


5. User Obligations

5.1 Lawful Use

The User undertakes to use the Platform in a lawful, ethical manner and in compliance with applicable legislation, in particular:

  • Legislation applicable to the practice of personal trainer or sports coach activity
  • Legislation applicable to the practice of the nutritionist/dietitian profession
  • General Data Protection Regulation (GDPR)
  • Consumer protection legislation
  • Code of Conduct applicable to their profession

5.2 Athlete Data

The Professional is responsible for:

  • Obtaining the informed consent of athletes before entering their data into the Platform
  • Ensuring the truthfulness and updating of the data entered
  • Protecting access data that allows consultation of athlete information
  • Not entering false, fraudulent or third-party data without consent
  • Respecting the ownership of athlete data as defined in the Privacy Policy

5.3 Prohibited Use

The following are expressly prohibited:

  • Using the Platform for illegal or unauthorised purposes
  • Attempting to access data of other users or athletes without authorisation
  • Reselling, sublicensing or redistributing access to the Platform
  • Reverse engineering, decompiling or disassembling any part of the Platform
  • Using automated mechanisms (bots, scrapers) to access the Platform
  • Introducing malicious content (viruses, malware, harmful code)
  • Intentionally overloading the Platform infrastructure

6. Intellectual Property

6.1 iBetterCoach Ownership

The Platform, including its source code, algorithms, prescription models, interface, design, exercise database, knowledge base content and all associated documentation, is the exclusive property of iBetterCoach and is protected by intellectual property rights.

6.2 Licence to Use

iBetterCoach grants the User a limited, non-exclusive, non-transferable and revocable licence to use the Platform during the term of the subscription, exclusively for the purposes set out herein.

6.3 User Content

Data, prescriptions and content created by the Professional within the use of the Platform remain the property of the Professional. iBetterCoach does not claim any ownership rights over such content.

6.4 Athlete Data

The athlete's personal data belongs to the athlete, as detailed in the Privacy Policy and the Platform's data ownership model.


7. Data Sharing and Consent

7.1 Essential Condition

Use of the Platform necessarily implies the collection and processing of personal data as described in the Privacy Policy. This data sharing is an essential condition for the operation of the service.

7.2 Mandatory Consent

By using the Platform, the User (subject to the qualification under legal review — see section 7.4):

  • Expressly consents to the collection, storage and processing of their personal data and the data of the athletes they enter
  • Accepts that the data will be used for the purposes described in the Privacy Policy
  • Understands that, without such sharing, the Platform cannot provide the contracted service

7.2-A Health Data Consent (wearable synchronisation)

The automatic synchronisation of the Athlete's wearable data (Apple Health / Health Connect) is subject to separate, specific and optional health consent, given by the Athlete in the mobile application. The Platform works without this consent. The consent is revocable at any time (Art. 7(3) GDPR) and is required before any synchronisation (order: legal consent in the app → operating-system permission → synchronisation). Two distinct consents are required — the legal consent on the Platform and the operating-system permission — with the operating-system permission not replacing the legal consent. The version, text and date of the consent are recorded. The purposes of the health data include the reading of habits by the Professional and the display of metrics to the Athlete on a gamification basis (see Privacy Policy).

7.3 Refusal

If the User does not agree with the collection and processing of data, they should not use the Platform. Refusing to share the necessary data results in the impossibility of accessing the service.

7.4 ⚠️ [UNDER LEGAL REVIEW] Qualification of the data controller

This point is being determined through legal advice and may change the framing of several sections of this document. There are two possible readings of iBetterCoach's role: (a) Data processor of the Athlete's data, processed on behalf of the Professional (data controller), under the terms of the DPA; or (b) Data controller, possibly as joint controllers with the Professional (Art. 26 GDPR), given that iBetterCoach maintains a direct relationship with the Athlete (their own account, acceptance of the Terms and consent given directly to the Platform) and processes data for its own purposes (metrics/gamification, product improvement and security). The final determination will be reflected in this section, in the DPA document and in the consent flows. Pending validation by a lawyer specialised in GDPR.


8. Subscriptions and Payments

8.1 Plans

The Platform offers different subscription plans with varying features and limits. Details of each plan are available on the pricing page.

8.2 Trial Period

iBetterCoach offers a 30-day free trial period, with access to all features of the chosen plan.

A payment method is requested at the start of the trial period. No charge is made during the 30 days. The Customer is notified by email before the first charge, stating the date and the amount.

The trial period may be cancelled at any time before it ends, at no cost and without justification. If not cancelled, the subscription automatically converts to the chosen plan at the end of the 30 days.

8.3 Billing

  • Subscriptions are billed monthly, unless otherwise indicated
  • Prices are subject to change with 30 days' prior notice
  • Payment is processed through third-party payment providers

8.4 Cancellation

  • The User may cancel the subscription at any time
  • Cancellation takes effect at the end of the current billing period
  • There is no refund for partial periods already billed, without prejudice to the Refund and Cancellation Policy
  • After cancellation, data is retained as per the Privacy Policy
  • Billing and accounting records are retained as required by law for the applicable tax/accounting retention period in Portugal (~10 years — ⚠️ exact period to be confirmed by legal counsel/accountant); these records are not deleted upon account deletion, only the user's identifier being anonymised

9. Availability and Maintenance

9.1 Availability

iBetterCoach is committed to keeping the Platform continuously available. However, we do not guarantee uninterrupted availability and there may be periods of unavailability due to maintenance, updates or circumstances beyond our control.

9.2 Maintenance

Scheduled maintenance interventions will, whenever possible, be communicated in advance. Urgent security interventions may be carried out without prior notice.


10. Disclaimer of Warranties

10.1 Service "As Is"

The Platform is provided "as is" and "as available". iBetterCoach does not provide any warranties, express or implied, regarding:

  • Suitability of the Platform for a particular purpose
  • Accuracy, completeness or timeliness of the information generated
  • Absence of errors, interruptions or failures
  • Adequacy of prescriptions to the specific profile of each athlete
  • Results obtained with the use of the Platform

10.2 Scientific Content

The Platform incorporates information based on published scientific guidelines (notably ACSM, WHO, among others). However:

  • Exercise and nutrition science is constantly evolving
  • Guidelines may be updated by scientific bodies without the Platform immediately reflecting those changes
  • The application of generic guidelines to individual cases always requires professional evaluation
  • iBetterCoach does not guarantee that the scientific information made available is always updated with the most recent publications

10.3 Calculations and suggestions: possibility of errors

Automated calculations, metabolic formulas, assessment protocols, suggestions and knowledge base content may contain errors, be outdated with respect to the most recent scientific guidelines or rely on assumptions that do not apply to every case. They must always be validated by the Professional before application, with a critical mindset and cross-checking against reliable sources, and do not replace their professional training, experience or judgement. The User acknowledges that no information presented by the Platform should be treated as absolute truth without critical validation.


11. Limitation of Liability

11.1 Exclusion of Liability

To the maximum extent permitted by applicable law, iBetterCoach shall not be liable for:

  • Personal or health damages resulting from the application of prescriptions generated or assisted by the Platform
  • Professional decisions made on the basis of the Platform's suggestions or information
  • Loss of data caused by circumstances beyond iBetterCoach's reasonable control
  • Indirect, consequential, incidental or punitive damages, including loss of profits, loss of customers, loss of reputation or business interruption
  • Acts or omissions of third parties, including payment, authentication or hosting service providers
  • Inadequate use of the Platform by the User

11.2 Liability Cap

Where the total exclusion of liability is not permitted by applicable law, iBetterCoach's total liability towards the User, for all claims taken together, will be limited to the total amount paid by the User in the 12 months prior to the event giving rise to the claim.

11.3 Professional's Duty of Care

The Professional acknowledges that they have a legal and ethical duty to:

  • Exercise their activity with diligence and competence
  • Verify the adequacy of any prescription to the specific case
  • Keep up to date scientifically and professionally
  • Not delegate their professional responsibility to any automated system
  • Maintain professional insurance appropriate to their activity

12. Indemnification

The User undertakes to indemnify and hold harmless iBetterCoach, its directors, employees and partners from any claims, damages, losses, costs or expenses (including attorneys' fees) arising from:

  • Breach of these Terms by the User
  • Negligent or inappropriate use of the Platform
  • Infringement of third-party rights
  • Failure to comply with legal or regulatory obligations by the User
  • Claims by athletes or third parties related to prescriptions issued by the Professional

13. Suspension and Termination

13.1 By iBetterCoach

iBetterCoach reserves the right to suspend or cancel User access, with or without prior notice, in the event of:

  • Breach of these Terms
  • Fraudulent, abusive or illegal use
  • Failure to pay after a grace period
  • Risk to the security of the Platform or other users

13.2 By the User

The User may cancel their account at any time through the Platform settings (on the web) or by contacting support. The Athlete may request the deletion of their account directly in the mobile application, through a dedicated public page, or in the settings provided on the web.

13.3 Effects of Termination and Right to Erasure

After termination:

  • Access to the Platform will be deactivated
  • Account deletion erases or anonymises personal data and health data, retaining only what the law requires — namely tax/accounting records (see section 8.4) and any clinical record that the health professional has a legal duty to preserve (⚠️ to be confirmed by legal counsel). All data is therefore not deleted indiscriminately
  • At the moment of the deletion action, the data subject is presented with transparent information about what is erased and what is retained, for what period and on what legal basis
  • The Professional may request a copy of their data prior to cancellation
  • Clauses concerning intellectual property, limitation of liability and indemnification survive termination

The detail of the periods and mechanisms is set out in the Privacy Policy.


14. Dispute Resolution

14.1 Applicable Law

These Terms are governed by Portuguese law.

14.2 Competent Forum

For the resolution of any disputes arising from these Terms, the parties agree to submit to the exclusive jurisdiction of the Portuguese courts, with express waiver of any other.

14.3 Amicable Resolution

Before resorting to the courts, the parties undertake to make reasonable efforts for the amicable resolution of any dispute, within 30 days of written notification by the aggrieved party.


15. General Provisions

15.1 Entirety

These Terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding use of the Platform.

15.2 Changes

iBetterCoach reserves the right to change these Terms at any time. Changes will be communicated with at least 15 days' notice. Continued use after that period constitutes acceptance of the new Terms.

15.3 Partial Invalidity

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.4 Waiver

The non-application of any provision of these Terms does not constitute a waiver of the right to apply it in the future.

15.5 Assignment

The User may not assign their contractual position without the prior written consent of iBetterCoach.


16. Contact

For matters related to these Terms of Use:

Email: support@ibettercoach.com Address: [Address TBD]


This document is part of the iBetterCoach product governance and must be reviewed by a lawyer before publication. The exclusion and limitation of liability clauses must be validated against applicable Portuguese and European legislation.

This document may be updated. The version in force is always the one available on this page.

Other legal documents

View all
  • Privacy Policy
  • Athlete Terms
  • Cookie Policy
  • Legal Notice & Medical Disclaimer
  • Informed Consent — Health Data
  • Data Processing Agreement (DPA)
  • Acceptable Use Policy
  • Subscription & Billing Terms
  • Refund Policy
  • Service Level Agreement (SLA)
In this document
  1. 1. Acceptance of Terms
  2. 2. Description of the Service
  3. 3. Nature of the Service — Decision Support Tool
  4. 4. Eligibility and Registration
  5. 5. User Obligations
  6. 6. Intellectual Property
  7. 7. Data Sharing and Consent
  8. 8. Subscriptions and Payments
  9. 9. Availability and Maintenance
  10. 10. Disclaimer of Warranties
  11. 11. Limitation of Liability
  12. 12. Indemnification
  13. 13. Suspension and Termination
  14. 14. Dispute Resolution
  15. 15. General Provisions
  16. 16. Contact
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