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FormTrace – Terms of Service

Version 0.1 (draft) · Effective date: [date] · Applies to the formtrace.ie app and website

1. Who we are and what these terms cover

FormTrace is operated by [Alexios P. Efstathiou, trading as FormTrace], [address], Ireland ("FormTrace", "we", "us"). Contact: hello@formtrace.ie. [When a company is incorporated, replace with its name, registered number and address.]

These terms are a contract between you and FormTrace. They apply whenever you use the FormTrace app or website, whether as a trainee or as a coach. By creating an account, or by paying or accepting a deposit, you agree to them. If you do not agree, do not use FormTrace.

Sections 5 and 6 contain extra terms for trainees and coaches respectively. The Privacy Notice at the end of this page explains how we handle personal data and forms part of these terms.

2. Words we use

• Trainee – a person who posts a goal and receives coaching.
• Coach – a person who offers coaching services through FormTrace.
• Goal – a trainee's request for coaching, with its duration in weeks.
• Offer – a coach's proposal for a goal, including a weekly price.
• Engagement – the coaching arrangement that exists once a trainee accepts an offer.
• Week – one week of an engagement. A week is delivered when it has closed and the coach has reviewed the sessions the trainee submitted in it [confirm the exact rule used by the weekly release job].
• Deposit – the total price of an engagement, paid by the trainee to FormTrace when accepting an offer.
• Release – a payment from the deposit to the coach for a delivered week.

3. Who can use FormTrace

• You must be 18 or over. FormTrace records progress photos and videos, so we do not accept younger users. You confirm your date of birth when you first sign in; giving a false date is a breach of these terms and we will close the account.
• You must give accurate information and keep one account per person.
• You must be able to enter into a binding contract and, as a coach, be legally entitled to provide the services you offer in your country.

4. What FormTrace is, and is not

FormTrace is a platform that connects trainees with coaches, hosts the recordings and reviews they exchange, and handles payment between them. Coaches are independent; they are not employed by FormTrace and FormTrace does not supervise their advice.

For payments, FormTrace acts as the merchant of record: the trainee pays FormTrace, FormTrace holds the deposit and pays the coach as weeks are delivered. The coaching contract itself is between the trainee and the coach, on the terms of the accepted offer and this document.

FormTrace does not provide medical, nutritional or physiotherapy advice (see section 11).

5. Terms for trainees

• Posting a goal is an invitation for coaches to make offers. It is not a contract.
• Accepting an offer creates an engagement and requires you to pay the deposit at that moment. The engagement starts when the deposit is paid.
• Your part: record the sessions your coach assigns, as honestly as you can. Coaches can only review what you submit. If you do not submit sessions in a week, that week can still count as delivered once the coach has done their part (section 8).
• Recording others: do not record other people without their permission. Marketplace videos are visible to coaches browsing for trainees.
• Price: the weekly price in the accepted offer, times the number of weeks, plus any payment-processing line shown before you pay (section 7). Prices are in euro and include any VAT that applies [confirm after VAT advice].
• Right of withdrawal: EU consumer law gives you 14 days to withdraw from a distance contract for services. By asking the coaching to start immediately, you agree that once a week has been delivered you lose the right to withdraw for that week; weeks not yet delivered are refundable as described in section 8. [Lawyer to confirm wording against the Consumer Rights Act 2022 and the Checkout consent step.]

6. Terms for coaches

• Independence: you provide coaching as an independent professional or business, not as our employee or agent. You are responsible for your own qualifications, insurance, tax and social-insurance obligations in your country.
• Truthful profile: your qualifications, experience and offers must be accurate. Misrepresentation leads to removal.
• Delivering a week: review each session the trainee submits within 5 business days with a form review (tags, voice-over or drawing as appropriate), and respond to messages in reasonable time. A week in which you did this is delivered and is released to you (section 7).
• Getting paid: payouts go through Stripe. You must complete Stripe's onboarding (identity and bank details) before releases can reach you. Releases wait until you have; after [30 days] without onboarding we may refund the trainee instead.
• Commission: FormTrace deducts the platform commission shown in your coach settings from each release. Holders of the Founding badge pay 0% commission for as long as FormTrace exists; this is personal to the coach and is not transferable.
• Transfer reversals: a released week is final (section 8). Only if a deposit is charged back or found to be fraudulent, or a release was made in error, do you authorise FormTrace to reverse the corresponding transfer through Stripe or to deduct the amount from future releases, and you agree to repay any shortfall on request.
• No circumvention: do not take trainees you met through FormTrace off-platform to avoid the commission during an engagement started here. [Decide whether to keep this clause during the 0% pilot.]
• Trainee data: videos, photos, measurements and food logs you see belong to the trainee and are shared with you only to coach them. Do not download, forward, publish or use them for any other purpose, and delete any copies when the engagement ends.

7. Payments, deposits and releases

Payments are processed by Stripe. FormTrace never sees your card number. Stripe's own terms apply to your use of its checkout.

1. Deposit. When a trainee accepts an offer they pay the whole engagement price to FormTrace. FormTrace holds it on the trainee's behalf; it is not FormTrace's revenue.
2. Weekly release. After each week is delivered, that week's share of the deposit (weekly price less the coach's commission) is paid to the coach. The payment tracker in the app shows every release with its date.
3. Payment processing line. Checkout may show a separate "payment processing" amount that passes on the card and payout costs charged by Stripe, rounded up to the whole euro. It is shown before you pay and is not refundable for weeks already delivered. [Keep only if EA ships.]
4. Platform fees. Any trainee service fee or coach commission is shown in the app before you commit. During the pilot both are 0%.
5. Currency. All prices are in euro (EUR). Your bank may charge conversion fees.
6. Receipts. Stripe emails a receipt for each payment; the tracker is the record of releases and refunds.

8. Early endings, refunds and disputes

Either party can end an engagement early from the app, giving a reason. What happens to the deposit depends on who ends it and why:

• Refunds go back to the original payment method through Stripe, normally within 5–10 business days. Stripe's fixed fee is not returned to FormTrace; the processing line for undelivered weeks is refunded in full [confirm with EA].
• Two weeks to raise a concern; a released week is final. Each delivered week is held for 14 days after it closes before it is released to the coach. Any concern or refund request about a week must reach FormTrace (hello@formtrace.ie) within those 14 days; FormTrace reviews the sessions and reviews in question and decides before the release. Once a week has been released it is final and cannot be disputed on FormTrace; this does not affect your legal rights.
• Chargebacks. Ask us before asking your bank. Raising a chargeback for a week we find delivered may lead to closure of your account.

9. The pilot

FormTrace is in a closed pilot with a small group of coaches and trainees. During the pilot:

• Platform fees are 0% for everyone; a single pilot price per week applies, agreed with the coaches [€ amount].
• The app is early software. Features may change, break or disappear, and recordings may occasionally fail. Keep your own copy of anything important.
• We will ask you for feedback and may contact you about your experience.
• Pilot pricing and the Founding commission are available only to participants we invite, and we may end the pilot at any time with notice in the app. Engagements in progress continue to their end under these terms.

10. Your content

• You own what you record and write. You give FormTrace a licence to store, process, display and transmit it only as needed to run the service (for example, to show your video to your coach, to generate a review, or to show a marketplace video to coaches). The licence ends when you delete the content or your account, except for copies in routine backups, which are overwritten within [30 days].
• Coaches own their reviews, voice-overs and drawings but grant the trainee a permanent right to keep and use them for personal training.
• Do not upload content you do not have the right to use, content showing other people without their consent, or anything unlawful or sexually explicit.
• FormTrace does not sell content, does not use it for advertising, and does not use it to train machine-learning models [confirm – the pose/form comparison runs on the device].

11. Health and safety

Exercise carries risk. FormTrace and its coaches are not doctors. Before starting a programme, especially after injury, during pregnancy or with a medical condition, consult a qualified health professional. Stop and seek help if you feel pain, dizziness or shortness of breath. Nutrition and weight features are logging tools, not medical advice. You take part at your own risk, to the extent the law allows.

12. Acceptable use

Do not: harass, threaten or discriminate; impersonate anyone; scrape, copy or reverse-engineer the service; interfere with its security; create accounts for others; or use FormTrace for anything unlawful. We may remove content and close accounts that breach this section.

13. Your account, deleting it, and suspension

• You are responsible for keeping your sign-in details private and for what happens under your account.
• Deleting your account: Profile → Delete account. This permanently removes your photos, videos, food logs and measurements and strips your name from anything shared. Payment records required by law are kept for [6 years] in anonymised form. Deposits for engagements in progress are settled first under section 8.
• We may suspend or close an account for breach of these terms, suspected fraud, or legal requirement, with an explanation where the law allows. Undelivered weeks are refunded to trainees in that case.

14. Liability

• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything that cannot lawfully be limited. Nothing removes rights you have as a consumer under Irish or EU law.
• FormTrace is a platform. It is not liable for the quality, safety or outcome of coaching, which is the coach's responsibility, except where FormTrace itself failed to handle a payment as these terms describe.
• To the extent the law allows, FormTrace's total liability to you for any claim is limited to the greater of €100 and the platform fees you paid to FormTrace in the 12 months before the claim.
• FormTrace is not liable for losses caused by events outside its reasonable control, including outages of Stripe, Supabase, GitHub or your network.
• Coaches agree to compensate FormTrace for claims arising from their coaching, their content or their breach of these terms.

15. Changes, law and contact

• We may change these terms. For material changes we give at least [14 days] notice in the app or by email; continuing to use FormTrace after that date is acceptance. Changes do not apply to engagements already paid, except where required by law.
• Irish law governs these terms. Consumers in another EU country keep the protection of their own country's mandatory rules. Disputes go to the Irish courts; consumers may also use their local courts or the EU Online Dispute Resolution platform.
• If one clause is unenforceable, the rest stand. Our failure to enforce a clause once is not a waiver.
• Questions: hello@formtrace.ie.

Privacy Notice

Version 0.1 (draft) · Controller: [Alexios P. Efstathiou, trading as FormTrace, address] · privacy@formtrace.ie

What we collect and why

The on-device form comparison (pose tracking) runs in your browser; pose data is not uploaded. [Confirm.]

Who sees it

• Your coach, while you work together: everything you record and log. Coaches browsing the marketplace see the videos you post to it and your public profile (including age).
• Friends you connect with in the app: achievements and the Consistency badge only. These are never public.
• Processors acting for us: Supabase (database, storage, authentication – EU region [confirm region]), Stripe (payments; its own notice applies), GitHub (hosting the app's files – no personal data stored there), Zoho (email), Blacknight (domain). We do not sell data or use it for advertising.
• Authorities, if the law requires it.

Transfers outside the EEA

Where a processor is based outside the EEA (for example Stripe's US entities), transfers rely on the EU Standard Contractual Clauses or an adequacy decision. [Confirm Supabase project region.]

How long we keep it

• Account data, videos, photos, logs: until you delete them or your account. Deletion is permanent, with backup copies overwritten within [30 days].
• Payment records: [6 years] after the engagement, as Irish tax law requires, anonymised once the account is deleted.
• Error reports: [90 days].

Your rights

You can access, correct, export and delete your data, object to or restrict processing, and withdraw consent at any time. Most of this you can do yourself in Profile; for anything else email privacy@formtrace.ie and we reply within one month. You can complain to the Data Protection Commission, Ireland (dataprotection.ie) or your local supervisory authority.

Cookies and local storage

The app uses local storage and a session token to keep you signed in and remember your settings. There are no advertising or analytics cookies.