TERMS OF SERVICE FOR TR[Ai]NER

Last Updated: March 11, 2026

This Terms of Service agreement (“Agreement”) is a legally binding contract between you (“User,” “you,” or “your”) and Element 26 LLC (“Company,” “we,” “us,” or “our”), a Florida limited liability company. This Agreement governs your use of the TR[Ai]NER mobile application and any related services (collectively, the “Service”) owned and operated by the Company.

1. OWNERSHIP AND SERVICE IDENTITY The TR[Ai]NER application is a proprietary software product exclusively owned by Element 26 LLC. All branding, "Smart Workout" logic, and digital architecture are the intellectual property of the Company.

2. NO MEDICAL ADVICE OR PATIENT RELATIONSHIP ELEMENT 26 LLC IS NOT A MEDICAL PROVIDER. The Service provides automated fitness programming for informational purposes only.

• No Professional Relationship: Your use of TR[Ai]NER does not create a physical therapist-patient, or doctor-patient relationship between you and any member, employee, or owner of Element 26 LLC.

• Medical Clearance: You represent that you have been cleared by a physician to engage in physical training. If you have pre-existing injuries or health conditions, you use this Service at your own risk.

3. ASSUMPTION OF RISK & RELEASE OF LIABILITY By using the Service, you acknowledge that physical exercise involves inherent risks.

• Voluntary Risk: You voluntarily assume all risks of injury, including those that may result from the automated workout suggestions provided by the app.

• FULL RELEASE: TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW, YOU HEREBY RELEASE, WAIVE, AND HOLD HARMLESS ELEMENT 26 LLC AND ITS MEMBERS FROM ANY AND ALL CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICE, INCLUDING CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE OF THE COMPANY.

4. GOVERNING LAW AND VENUE This Agreement is governed by the laws of the State of Florida. Any legal disputes arising from this Agreement or your use of the Service shall be resolved exclusively in the state or federal courts located in the State of Florida.

5. SUBSCRIPTIONS AND AUTO-RENEWAL The Service is billed on a subscription basis (“Subscription(s)”).

• Free Trial: The "Basic Plan" includes a 2-month free trial period. You will not be charged during this 2-month period.

• Billing: At the conclusion of the 2-month free trial, your Subscription will automatically convert to a paid subscription and you will be charged the current monthly rate.

• Auto-Renewal: Your Subscription will automatically renew at the end of each billing cycle unless you cancel it at least 24 hours before the end of the current period (including the trial period).

• Cancellation & Management: You can manage or cancel your Subscription at any time by going to your Account Settings on the App Store after purchase.

• Forfeiture: Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

6. PRIVACY POLICY Your use of the Service is also governed by our Privacy Policy, which can be found at: https://element26.co/pages/trainer-app-privacy-policy.