Terms and Conditions (Clever Coach Club)

Who we are. Brain Machine Hygeia, a company registered in England & Wales (No. 16811156), registered office: 2 St. Marys Road, Tonbridge, TN9 2LB, England ("Brain Machine Hygeia", "we", "us", "our"). We operate the Clever Coach Club service at clevercoachclub.com (the "Services").

How to contact us: support@brainmachineh.com.

1. About these Terms

1.1 These Terms govern your access to and use of the Services. By creating an account or using the Services, you agree to these Terms and our Privacy Policy.

1.2 If you are a trainer using a trainer account ("Trainer"), Section 15 applies in addition.

1.3 If you do not agree to these Terms, do not use the Services.

2. Intended Purpose & Non-Medical Scope

2.1 The Services provide AI-assisted fitness planning and tools to organise workouts and personal-training sessions, including optional AI form-analysis features.

2.2 We do not provide medical advice, diagnosis, or treatment, and the Services are not intended for the diagnosis, prevention, prediction, monitoring, prognosis, treatment or alleviation of disease or injury. Always seek advice from a qualified healthcare professional.

3. Do Not Enter Medical Information

3.1 To keep the Services strictly non-medical, you must not input or upload medical information, clinical diagnoses, treatment details, test results, medication information, or medical records (e.g., "ACL tear", "tendinitis", "diabetes").

3.2 If relevant for training, use general, non-medical descriptions only (e.g., "knee injury", "shoulder pain", "back issue").

3.3 We may use keyword filters and limited moderation and may remove/minimise prohibited content. Breaches may lead to suspension or termination.

4. Age and Eligibility

4.1 The Services are intended for people aged 16 or over. By using the Services you represent and confirm that you are at least 16 years old.

4.2 We do not currently verify age at sign-up. If we become aware or reasonably suspect that a user is under 16, we may request confirmation and may suspend or terminate the account.

4.3 Parents/guardians must not permit a child under 16 to use the Services.

5. Your Account

5.1 You are responsible for keeping your login details secure and for all activity under your account.

5.2 You must provide accurate information and keep it up to date where relevant.

5.3 Tell us promptly if you suspect unauthorised access.

6. SaaS Licence & Use Restrictions

6.1 Licence. Subject to these Terms and any fees, we grant you a personal, non-exclusive, non-transferable, revocable right to access and use the Services for your own fitness purposes (and for Trainers, to support clients through the Services).

6.2 Restrictions. You must not:

• (a) resell, sublicense, or provide the Services to third parties;
• (b) scrape, crawl, or perform text/data-mining, or bulk export content or outputs;
• (c) reverse engineer or attempt to discover source code, models, prompts, or system design (except where permitted by law);
• (d) publish benchmarks or perform penetration/security testing without our written consent;
• (e) bypass security, rate limits, or access controls;
• (f) use the Services to provide medical advice or support clinical decision-making.

6.3 If we provide APIs, keys are personal; no key-sharing, proxying, or aggregation. We may set rate limits, change/deprecate endpoints with notice, and suspend keys for abuse/security.

7. Invites & Referral Codes

7.1 Trainers may invite clients by email address or by sharing a referral code. Trainers warrant they have a lawful basis to contact anyone they invite and will not spam.

7.2 We may send transactional invitation and reminder emails to facilitate sign-up.

8. Trainer Visibility, Access and Client Controls

8.1 What Trainers can see. If you connect to a Trainer, that Trainer can view, for coaching purposes, information you provide or generate in the Services, which may include:

• identity & contact: name, email, phone number (if provided), date of birth/age (if provided), sex (if provided);
• body metrics: height, weight, BMI (if provided);
• training and progress: workout plans, workout history, completion rates, exercise logs and progress;
• preferences and surveys: pre sign-up surveys, preferences, end-of-block surveys;
• habit tracking and general wellness information you choose to provide;
• physiological & wearable data: if you connect a WHOOP or Oura device (see Section 11B), your readiness/recovery score, heart rate variability (HRV), resting heart rate, respiratory rate, sleep and related metrics, and the trends and insights derived from them;
• non-medical injury labels;
• in-app messages between you and that Trainer;
• media you upload for form analysis and the resulting analysis outputs.

8.2 Disconnecting a Trainer. You can disconnect a Trainer in-app (e.g., via active/archived controls). This stops their ongoing access through the Services.

8.3 Practical limits. While connected, a Trainer may be able to manually copy information they can view. The Services do not provide a bulk export tool for Trainers, but we cannot guarantee that information seen while connected cannot be retained elsewhere by the Trainer.

8.4 Trainers must not upload clinical diagnoses or medical records and must use generic, non-diagnostic labels only.

9. In-App Messaging

9.1 You and Trainers can message each other in-app. Messaging is not for emergencies or medical advice.

9.2 Messages are stored in the Services and are not end-to-end encrypted (protected in transit using TLS).

9.3 You must not use messaging to harass, abuse, discriminate, send illegal content, spam, or share prohibited medical information. We may investigate reports and take action.

10. AI Form Analysis (Photos/Videos)

10.1 What it is. You may upload or capture photos/videos for AI-assisted form analysis. The feature provides informational cues only and is not a safety certification or medical evaluation.

10.2 How it works. We process your media using Google's Gemini API (e.g., models within the Gemini 2.5 Flash family) to generate analysis outputs (e.g., technique feedback and structured outputs stored with your exercise logs).

10.3 Permissions. You must have all necessary rights and permissions for anyone appearing in your media. Do not upload unlawful, infringing, or offensive content, and do not upload media of minors unless you have appropriate legal consent.

10.4 Accuracy & safety. Outputs may be imperfect or inaccurate. Use your own judgment and stop any activity that causes pain, dizziness, or shortness of breath.

10.5 Storage. Media is stored in our Firebase Cloud Storage and derived outputs are stored in Firestore, as described in our Privacy Policy.

10A. AI Assistants and Profiling (Coach Clever & Coach DNA)

10A.1 What they are. The Services include conversational AI assistants ("Coach Clever" and "How Do I") and AI profiling tools ("Coach DNA") that help generate workouts, summarise client preferences, and provide platform guidance.

10A.2 Data Processing. If you interact with these features, your chat history, workout data, and submitted preferences are processed by Google's Gemini API (e.g., Gemini 2.5 Flash) to generate responses and coaching profiles. Chat transcripts and generated profiles are stored securely in our database.

10A.3 Accuracy. AI-generated workout plans and profiles ("AI Output") may contain errors. You must review any AI-generated plan or profile before using it, and we do not guarantee its accuracy or safety.

11. Google Drive Export and "Anyone with the link"

11.1 Optional Trainer feature. Trainers may choose to export/store client videos in their own Google Drive using an optional feature.

11.2 Sharing setting. Where this feature is used, a Trainer may be required to set Drive sharing to "Anyone with the link" for exported videos.

11.3 Risk disclosure. If a file is shared as "Anyone with the link", anyone who has the link may be able to access the file, and the link can be forwarded. Exported copies are outside our platform security controls and are governed by Google's terms and the Trainer's Drive settings.

11.4 Trainer responsibility. The Trainer is responsible for configuring, securing, and limiting access to exported files, obtaining any necessary permissions/consents, complying with applicable data protection laws, and removing access/deleting exported files when appropriate.

11.5 Your control. Disconnecting a Trainer stops ongoing access through the Services, but does not automatically remove any copies already exported to the Trainer's Google Drive. Deletion of exported copies must be requested from the Trainer.

11A. Exercise Demonstration Videos (Bunny.net)

11A.1 What it is. Trainers may upload exercise demonstration videos to the Services. These videos are hosted on Bunny.net ("Bunny CDN" / "Bunny Stream"), a third-party content delivery and video streaming platform, and are delivered to clients via Bunny's global CDN infrastructure.

11A.2 How it works. When a Trainer uploads a video, the file is transferred to Bunny Storage via our Cloud Functions and made available for streaming through Bunny Stream. Video URLs are stored in our database and embedded within workout plans for client viewing.

11A.3 Trainer responsibility. Trainers are responsible for ensuring they have the necessary rights and permissions to upload any video content, including permission from anyone appearing in the videos. Trainers must not upload unlawful, infringing, or offensive content.

11A.4 Access. Exercise demonstration videos hosted on Bunny.net may be accessible via direct URL. While URLs are not publicly listed, they are not individually access-controlled beyond URL knowledge. Do not share video URLs outside the Services without appropriate consideration.

11A.5 Third-party terms. Videos hosted on Bunny.net are subject to Bunny.net's terms of service and acceptable use policies in addition to these Terms. Bunny.net processes and delivers video data on our behalf as a service provider.

11B. Wearable Device Integrations (WHOOP & Oura)

11B.1 What it is. You may optionally connect a supported wearable device — currently WHOOP or Oura (Ōura) — to the Services from your Profile page. This is entirely optional and the Services work without it.

11B.2 How it works. Connecting a device uses a secure authorisation flow (OAuth 2.0) provided by WHOOP or Oura. You log in to your device account in your browser and grant us permission to access defined categories of your data. We store the resulting access credentials securely and use them to retrieve, on a periodic and/or on-demand basis, metrics such as your readiness/recovery score, heart rate variability (HRV), resting heart rate, respiratory rate, sleep and related metrics. We display these to you (for example on your dashboard and on the Physiology page) and store them, and trends derived from them, in our database.

11B.3 Consent to share with your Trainer. By connecting a wearable device while you have a connected Trainer, you explicitly consent to share all data we receive from that device — including your readiness/recovery score, HRV, resting heart rate, respiratory rate, sleep and related metrics, and the trends and insights derived from them — with your connected Trainer(s) for coaching purposes. If you do not want a Trainer to see this data, do not connect a device while connected to that Trainer, or disconnect the device (see 11B.6).

11B.4 Use in AI programming. If you (or your Trainer with your agreement) enable the relevant preference, recent physiological data (typically up to the last two months) may be provided to our AI assistants (such as Coach Clever) to help personalise and adjust your workout programming. You can turn this off in the relevant preferences. AI Output remains subject to Section 10A and 12.3, including that it may be imperfect and must be reviewed before use.

11B.5 Non-medical use only. Readiness/recovery, HRV, resting heart rate, respiratory rate and similar metrics are presented as general fitness and wellness indicators only. They are not medical monitoring, diagnosis, or a substitute for professional healthcare, and may be inaccurate or unavailable. Do not rely on them for any medical decision, and seek advice from a qualified healthcare professional regarding your health. Section 2 (Non-Medical Scope) continues to apply.

11B.6 Disconnecting and revoking. You can disconnect a device at any time from your Profile page, which stops further retrieval of your data through the Services. You may also revoke our access directly from your WHOOP or Oura account settings. Data already retrieved and stored before disconnection is retained and deleted in accordance with our Privacy Policy.

11B.7 Third-party terms. WHOOP and Oura are independent third parties. Your purchase and use of the device, and your WHOOP/Oura account and app, are governed by their own terms and privacy policies. We are not responsible for their devices, services, availability, or the accuracy of the data they provide, and access may change if a provider changes or withdraws its API.

12. Your Content, AI Output & Feedback

12.1 User Content. You retain ownership of content you submit (including surveys, logs, messages, photos/videos, and AI chat prompts).

12.2 Licence to us. You grant us a worldwide, royalty-free, sublicensable licence to host, use, reproduce, adapt, display, and create derivative works from your User Content solely to operate, secure and improve the Services and to provide features you request (including AI form analysis and AI chat). Where permitted, you waive moral rights to the extent necessary for those uses.

12.3 AI Output. The Services may generate AI-assisted workout plans, chat responses, client profiles, and form-analysis cues ("AI Output"). We grant you a non-exclusive licence to use AI Output for personal fitness or coaching with your clients. AI Output is non-exclusive and may be similar for other users. We do not guarantee originality, accuracy or suitability.

12.4 Training use of content. We do not use your identifiable User Content to train our or third-party models beyond providing the Services unless we explicitly introduce an opt-in and you choose it.

12.5 Feedback. Suggestions you provide may be used by us royalty-free without obligation.

13. Intellectual Property

13.1 We (and our licensors) own all rights in the Services, including software, databases/compilations, models, prompts, templates, and branding.

13.2 No rights in our trademarks or look-and-feel are granted without our written consent.

14. Plans, Pricing, Trials, Renewal & Cancellation

14.1 Paid features are described at checkout (including total price, renewal cadence and how to cancel).

14.2 Subscriptions (if offered) auto-renew until cancelled. You can cancel in-account; access continues until the end of the billing period.

14.3 AI Credits. Certain AI features (like Coach Clever) consume computing resources defined as "AI Credits." Credits are allocated monthly based on your subscription tier. Unused credits do not roll over to the next month. If you exhaust your credits, AI functionality may be degraded or disabled until the next billing cycle.

14.4 Trials (if offered) roll into paid plans unless cancelled before the trial ends.

14.5 Cooling-off (UK/EU consumers). You may have a 14-day withdrawal right. If you ask us to start immediately, you may lose that right once access begins.

14.6 Refunds & remedies. We provide remedies required by the Consumer Rights Act 2015 for digital services. Otherwise, fees are non-refundable unless stated.

15. Additional Terms for Trainers (Business Users)

15.1 Status. Trainers are independent contractors—not our employees, workers, agents, or partners—and cannot bind us.

15.2 Insurance & competence. Trainers must maintain at least £2m public liability and £1m professional indemnity insurance, hold necessary qualifications, follow health & safety law, and provide evidence on request.

15.3 No medical advice. Trainers must not provide medical advice through the Services and must only use generic, non-diagnostic injury labels.

15.4 Offline sessions. Any in-person services are between Trainer and client only. We are not responsible for a Trainer's acts/omissions.

15.5 Google Drive export compliance. If a Trainer exports client media to Google Drive, the Trainer is responsible for secure configuration, access removal, and legal compliance as described in Section 11.

15.6 Video upload compliance. Trainers uploading exercise demonstration videos (hosted via Bunny.net as described in Section 11A) must ensure they hold the necessary rights for all content, must not upload prohibited content, and are responsible for the accuracy and appropriateness of any exercise demonstrations provided to clients.

15.7 Data Protection Obligations. To the extent Trainers process client personal data within the Services, Trainers act as Joint Controllers with us. Trainers must process data lawfully, maintain client confidentiality, respond promptly to data subject requests routed through them, and notify us immediately of any personal data breach affecting the Services.

15.8 Complaints & Mediation (P2B). If you are a Trainer and have a dispute regarding the Services, please contact our support team. We aim to resolve platform disputes internally within 30 days. If a dispute cannot be resolved, we are willing to engage with the Centre for Effective Dispute Resolution (CEDR) in the UK for mediation.

15.9 Indemnity. Trainers indemnify us for claims arising from their content, conduct, sessions, or external sharing/storage (including Google Drive sharing settings and Bunny.net-hosted video content).

16. Third-Party Services

16.1 The Services rely on third-party providers, including:

• Google Firebase (Authentication, Hosting, Cloud Firestore, Cloud Storage, Cloud Functions) for core hosting and storage;
• Google Gemini API for form analysis processing;
• Bunny.net (Bunny CDN / Bunny Stream) for exercise demonstration video hosting, streaming, and content delivery;
• Resend for transactional email;
• Stripe for payments (where enabled);
• WHOOP and Oura (Ōura) for optional wearable device integrations (readiness/recovery, HRV, resting heart rate, respiratory rate, sleep and related metrics), where you choose to connect a device;
• Google Drive (Trainer-selected export/sharing outside our platform).

16.2 These providers may process data as described in our Privacy Policy. Their separate terms may apply to certain features.

17. Service Availability & Changes

17.1 We may change or discontinue features and will try to give reasonable notice of material changes where practicable.

17.2 We do not guarantee uninterrupted availability unless set out in a separate SLA.

18. Suspension & Termination

18.1 You may stop using the Services at any time.

18.2 We may suspend or terminate access for breach, security risk, suspected under-16 use, or legal reasons.

19. Warranties & Disclaimers

19.1 The Services are provided "as is" and "as available." We disclaim warranties to the maximum extent permitted by law.

19.2 Nothing in these Terms limits liability for death/personal injury caused by negligence, fraud, or other liability that cannot be excluded by law.

20. Liability

20.1 Subject to Section 19.2, we are not liable for indirect or consequential losses, loss of profits, or loss of data/business.

20.2 Subject to Section 19.2, we are not liable for injuries arising from exercise activities or reliance on AI Output/form analysis.

20.3 Subject to Section 19.2, we are not liable for unauthorised access or onward disclosure resulting from a Trainer's external storage/sharing configuration (including Google Drive "Anyone with the link") or from the sharing of Bunny.net-hosted video URLs outside the Services, except to the extent caused by our own breach of law.

20.4 Subject to Section 19.2, our total liability for all claims in any 12-month period is limited to the greater of £50 or the amount you paid in that period (this cap does not apply where unlawful for consumers).

21. Export Controls & Sanctions

You must not use the Services where prohibited by applicable export control or sanctions laws. We may restrict access in certain countries.

22. Changes to These Terms

We may update these Terms. We will post the updated version with a new "Last updated" date and provide notice of material changes where appropriate.

23. General

23.1 Force majeure. We're not liable for delays outside our reasonable control.

23.2 Assignment. You may not assign; we may assign/novate on notice.

23.3 Entire agreement. These Terms are the entire agreement regarding the Services.

23.4 Severability. If any part is invalid, the remainder remains effective.

23.5 No waiver. Failure to enforce is not a waiver.

23.6 Third-party rights. No third party has rights under the Contracts (Rights of Third Parties) Act 1999.

24. Governing Law & Jurisdiction

These Terms (and non-contractual disputes) are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, subject to mandatory consumer rights in your home forum.

25. Contact

Email: support@brainmachineh.com

Postal: 2 St. Marys Road, Tonbridge, TN9 2LB, England