Terms of Service

1. Introduction

Welcome to Naksu ("we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Naksu governing your access to and use of the Naksu platform, including our website at naksu.app, progressive web application, and all related services (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must not use the Platform.

2. Definitions

• "Coach" means a fitness professional who registers on the Platform to offer coaching services, sell products, create meal and workout plans, and manage clients.
• "Client" means an individual who books services, purchases products, or receives coaching through a Coach's profile on the Platform.
• "User" means any person who accesses or uses the Platform, including Coaches, Clients, and visitors.
• "Content" means any text, images, videos, meal plans, workout plans, product listings, profile information, messages, and other materials uploaded to or created on the Platform.
• "Services" means the coaching sessions, training programs, meal plans, and other fitness-related services offered by Coaches through the Platform.

3. Eligibility

You must be at least 18 years of age to use the Platform. By using the Platform, you represent and warrant that:

• You are at least 18 years old and have the legal capacity to enter into a binding agreement.
• If you register as a Coach, you possess the appropriate qualifications, certifications, or experience to provide fitness coaching services in your jurisdiction.
• If you are using the Platform on behalf of a business entity, you have the authority to bind that entity to these Terms.
• You will provide accurate, current, and complete information during registration and keep your account information updated.
• Your use of the Platform does not violate any applicable law or regulation.

4. Account Registration and Security

To access most features of the Platform, you must create an account. When registering, you may use email/password credentials or sign in through third-party authentication providers (such as Google).

You agree to:

• Create only one account per person and not share your account credentials with others.
• Maintain the confidentiality of your password and any authentication tokens.
• Immediately notify us at [email protected] of any unauthorized access to or use of your account.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, or that violate these Terms.

5. Platform Description and Coach–Client Relationship

Naksu is a software-as-a-service platform that provides tools for fitness coaches to manage and grow their coaching businesses. The Platform enables Coaches to:

• Create a branded public profile and booking page.
• Offer and manage coaching services with online scheduling and availability management.
• Create and deliver personalized meal plans and workout programs.
• Sell physical and digital products through an integrated storefront.
• Communicate with clients through built-in messaging.
• Track client progress and business analytics.
• Accept payments from clients.

Naksu acts solely as a technology platform and intermediary. We do not provide fitness coaching, nutritional advice, medical guidance, or any health-related services. The relationship between a Coach and a Client is a direct, independent relationship. Naksu is not a party to any agreement between a Coach and a Client, and we are not responsible for the quality, safety, legality, or suitability of any Services provided by Coaches.

6. Coach Responsibilities

As a Coach on the Platform, you agree to:

• Provide accurate information about your qualifications, certifications, and experience.
• Deliver services with reasonable care, skill, and diligence appropriate to your stated expertise.
• Comply with all applicable laws, regulations, and professional standards in the jurisdictions where you provide services, including any licensing or certification requirements.
• Not provide medical advice, diagnose conditions, or prescribe treatments unless you are a licensed medical professional acting within the scope of your practice.
• Obtain appropriate professional liability insurance if required by your jurisdiction.
• Honor all bookings and commitments made through the Platform, or provide timely cancellation in accordance with your stated cancellation policy.
• Ensure that all meal plans, workout programs, and advice you provide are appropriate for the individual client's stated fitness level and health conditions.
• Respect client privacy and handle personal information in accordance with applicable data protection laws.
• Set accurate pricing and descriptions for your services and products.

7. Client Responsibilities

As a Client on the Platform, you agree to:

• Provide accurate and complete information about your health status, fitness level, injuries, allergies, medical conditions, and any other relevant information that may affect the services you receive.
• Consult with a qualified healthcare professional before starting any new fitness or nutrition program, especially if you have pre-existing health conditions.
• Understand that fitness coaching and nutrition guidance provided through the Platform are not substitutes for professional medical advice, diagnosis, or treatment.
• Follow instructions provided by your Coach responsibly and discontinue any activity that causes pain or discomfort.
• Honor booking commitments and provide timely cancellation when unable to attend.

8. Bookings and Scheduling

The Platform provides a booking system that allows Clients to schedule sessions with Coaches based on the Coach's published availability. By making a booking:

• The Client agrees to attend the session at the scheduled time or provide notice of cancellation in accordance with the Coach's cancellation policy.
• The Coach agrees to be available and prepared to deliver the service at the scheduled time.
• Time zones are automatically detected and displayed, but both parties are responsible for confirming the correct time.

Cancellation and rescheduling policies are set by each individual Coach and displayed on their booking page. Naksu is not responsible for resolving scheduling disputes between Coaches and Clients but may provide mediation assistance at our discretion.

9. Payments, Fees, and Refunds

9.1 Platform Subscription

Coaches may access the Platform through a paid subscription plan. Subscription fees are billed in advance on a monthly or annual basis. All subscription fees are stated in the currency displayed at the time of purchase. We offer a 14-day free trial for new Coach accounts, after which a valid payment method is required to continue using the Platform.

9.2 Client Payments to Coaches

Payments for coaching services, products, and other offerings are processed through our third-party payment processor, Stripe. Naksu does not directly process or store credit card information. Coaches receive payments directly into their connected Stripe account. Naksu does not charge transaction fees on Coach earnings — only standard Stripe processing fees apply.

9.3 Refunds

Refund policies for coaching services and products are determined by each individual Coach and should be clearly communicated on their profile or at the time of purchase. Naksu may facilitate refund processing but is not responsible for issuing refunds on behalf of Coaches. Platform subscription fees are non-refundable except where required by applicable law.

9.4 Discount Codes

Coaches may create and distribute discount codes for their services and products. Discount codes are subject to the terms set by the issuing Coach, including expiration dates and usage limits. Naksu is not responsible for honoring discount codes that have expired or been revoked by the Coach.

10. Content and Intellectual Property

10.1 Platform Intellectual Property

The Platform, including its design, source code, features, functionality, branding, and documentation, is owned by Naksu and is protected by international copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Platform without our prior written consent.

10.2 User Content

You retain ownership of all Content you create, upload, or share on the Platform. By submitting Content to the Platform, you grant Naksu a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute your Content solely for the purpose of operating, promoting, and improving the Platform. This license terminates when you delete your Content or account, except where your Content has been shared with other Users or is reasonably necessary for Platform operation.

10.3 Meal Plans and Workout Programs

Meal plans, workout programs, and other coaching materials created by Coaches on the Platform remain the intellectual property of the respective Coach. Clients who receive such materials are granted a personal, non-transferable license to use them for their own fitness purposes. Clients may not redistribute, resell, or commercially exploit Coach-created materials without the Coach's explicit written permission.

11. Acceptable Use Policy

You agree not to use the Platform to:

• Violate any applicable law, regulation, or third-party rights.
• Provide false, misleading, or fraudulent information, including fake qualifications or credentials.
• Harass, abuse, threaten, or intimidate other Users.
• Upload or transmit viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to other Users' accounts, the Platform's infrastructure, or connected systems.
• Scrape, crawl, or use automated means to extract data from the Platform without our prior written consent.
• Impersonate another person, entity, or falsely represent your affiliation with any person or entity.
• Use the Platform to promote illegal substances, dangerous supplements, or unproven health treatments.
• Upload sexually explicit, violent, discriminatory, or otherwise objectionable Content.
• Circumvent, disable, or otherwise interfere with security-related features of the Platform.
• Use the Platform to solicit Clients or Coaches away from the Platform to avoid applicable subscription terms.

We reserve the right to investigate and take appropriate action against anyone who violates this policy, including removing Content, suspending or terminating accounts, and reporting to law enforcement authorities where appropriate.

12. Health and Fitness Disclaimer

The Platform is not a medical service. Information and services provided by Coaches through the Platform are for general fitness and wellness purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment.

You acknowledge and agree that:

• Participation in any fitness or nutrition program involves inherent risks, including but not limited to physical injury, illness, or death.
• You should always seek the advice of a qualified healthcare provider before starting any exercise or dietary program.
• Naksu does not verify, endorse, or guarantee the qualifications, certifications, or competence of Coaches on the Platform.
• Naksu is not responsible for any injury, illness, or adverse health outcome resulting from following advice, meal plans, workout programs, or instructions provided by Coaches.
• Nutritional information and macro calculations provided through the Platform (including data sourced from third-party food databases) are estimates and should not be relied upon for medical dietary requirements.

13. Products and E-Commerce

Coaches may sell physical and digital products through their storefront on the Platform. With respect to product sales:

• The Coach is the seller of record for all products listed on their storefront. Naksu is not the seller and bears no responsibility for product quality, fulfillment, shipping, returns, or customer service related to Coach products.
• Coaches are responsible for ensuring their products comply with all applicable consumer protection, labeling, and safety laws in the jurisdictions where they sell.
• Product fulfillment may be handled by third-party services (such as print-on-demand providers). In such cases, the Coach is responsible for the relationship with the fulfillment provider.
• Coaches must accurately describe their products and not make false or misleading claims.

14. Messaging and Communications

The Platform provides a messaging system for communication between Coaches and Clients. By using the messaging feature:

• You agree to use messaging only for legitimate purposes related to coaching services.
• You acknowledge that messages may be stored and processed on our servers to provide the service.
• You will not use the messaging system to send spam, unsolicited commercial messages, or inappropriate content.
• Naksu may monitor messages for the purpose of preventing abuse, fraud, and violations of these Terms, but we are not obligated to do so.

15. Third-Party Services

The Platform integrates with or relies upon third-party services, including but not limited to:

• Stripe for payment processing.
• Google for authentication (OAuth).
• Edamam for nutritional food data.
• Cloud hosting and infrastructure providers.

Your use of third-party services is subject to the respective third party's terms of service and privacy policies. Naksu is not responsible for the availability, accuracy, or reliability of third-party services and shall not be liable for any loss or damage resulting from your reliance on such services.

16. Limitation of Liability

To the maximum extent permitted by applicable law:

• Naksu, its directors, officers, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with your use of the Platform.
• Our total aggregate liability for all claims related to the Platform shall not exceed the greater of (a) the amount you have paid to Naksu in the twelve (12) months preceding the claim, or (b) one hundred euros (€100).
• We are not liable for any physical injury, health complication, or adverse outcome resulting from fitness coaching, meal plans, workout programs, or products obtained through the Platform.
• We are not liable for the actions, omissions, or conduct of any Coach, Client, or other User of the Platform.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

17. Indemnification

You agree to indemnify, defend, and hold harmless Naksu and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of a third party; (d) any Content you submit or share on the Platform; or (e) if you are a Coach, any services or products you provide to Clients through the Platform.

18. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any Content available through the Platform, including nutritional data, coach qualifications, or user-generated content.

19. Suspension and Termination

19.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us at [email protected]. Upon termination, your right to use the Platform ceases immediately. Coaches should ensure all outstanding client commitments are fulfilled or properly communicated before terminating their account.

19.2 Termination by Naksu

We may suspend or terminate your account immediately, with or without notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent activity, or pose a risk to the Platform, other Users, or third parties.

19.3 Effect of Termination

Upon termination: (a) all licenses granted to you under these Terms will cease; (b) you must stop using the Platform; (c) we may delete your account data in accordance with our Privacy Policy and data retention obligations; (d) any outstanding payment obligations survive termination. Sections that by their nature should survive termination will survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification.

20. Data Export and Portability

In accordance with applicable data protection laws, you may request an export of your personal data and Content at any time. We will provide your data in a commonly used, machine-readable format within 30 days of your request. Please contact [email protected] to initiate a data export request.

21. Modifications to the Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email and/or by posting a prominent notice on the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Platform and may terminate your account.

22. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Bulgaria, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, it shall be submitted to the competent courts of Sofia, Bulgaria.

If you are a consumer within the European Union, you retain any mandatory consumer protection rights afforded to you under the laws of your country of residence, and you may bring legal proceedings in the courts of your country of residence. You may also use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.

23. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

24. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Naksu regarding your use of the Platform and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

25. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Platform, please contact us:

• Email: [email protected]
• Support: [email protected]