Trainer Terms & Conditions

Fitemy Terms and Conditions

Version: 1.0 (English)
Effective date: 12 August 2026

These Terms and Conditions are between Global Trade Network Ltd, trading as Fitemy, and each person who accepts them.

Company number: 12460056
Registered office: 69a Manchester Road, Swinton, Manchester, M27 5FX, United Kingdom
Contact: support@fitemy.com

Part A contains the Common Terms that apply to every Fitemy account holder. The Client Terms or Trainer Terms shown with these Common Terms also apply when you use Fitemy in that role. If you use both roles, the terms for each role apply when you act in that role.

Fitemy is the supplier of the personalised fitness programme purchased by a Client. Trainers deliver elements of that programme to Fitemy as independent subcontractors. Trainers do not sell the Fitemy programme directly to Clients.

Part A - Common Terms

1. Definitions

In these Terms:

App means the Fitemy mobile application.
Business Day means a day other than a Saturday, Sunday or public holiday in England.
Client means an adult who uses Fitemy to receive a Programme.
Content means text, photographs, video, reviews, plans, resources, messages and other material submitted to or made available through Fitemy.
Fitemy, we, us or our means Global Trade Network Ltd trading as Fitemy.
Monthly Progress Review means the private client submission of front, side and back progress photographs and client feedback for Trainer review. It is not a public Trainer Review.
Platform means the App, website, backend services and related Fitemy features.
Private Coaching Content means non-public Programme plans, activity evidence, progress photographs, questions, answers, notes and feedback.
Programme means the remote personalised fitness coaching service supplied by Fitemy for a selected subscription period.
Service Month means each successive monthly period beginning on the Subscription Start Date or the corresponding calendar date. If a later month has no corresponding date, that Service Month begins on the last day of that month and ends immediately before the next Service Month begins.
Subscription means the Client's recurring purchase of a Programme.
Subscription Start Date means the date on which Stripe confirms the initial payment and Fitemy activates the Client's Programme access.
Subscription Term means the selected prepaid one-, three-, six- or twelve-month period.
Trainer means an adult personal trainer engaged by Fitemy as a subcontractor to deliver Programme services.
Trainer Review means a public-facing star rating and written review earned after a completed paid Service Month.
you or your means the person accepting these Terms.

2. Eligibility

You must be at least 18 years old to create or use a Fitemy account. The Client Terms and Trainer Terms contain the additional eligibility requirements for each role.

You must provide accurate information and tell us promptly if information relevant to your eligibility changes.

3. Accepting these Terms

These Common Terms become binding together with the applicable Client Terms or Trainer Terms when you actively accept the version presented to you.

If a material change requires fresh agreement, we will ask you to accept the updated version before it applies. We will not use continued use alone to impose a material retrospective change or remove an accrued right.

4. Accounts and security

You must:

keep your profile and contact details accurate;
use only your own account and role;
protect your email account, device and authentication access;
not share one-time codes or access credentials; and
notify support@fitemy.com promptly about suspected unauthorised access.

You are responsible for activity you authorise through your account. You are not responsible for activity caused by our breach of duty or by events outside your reasonable control.

5. Platform licence and Fitemy intellectual property

We grant you a limited, non-exclusive, non-transferable and revocable right to use the Platform for its intended purpose while your account and relevant access remain active.

Fitemy and its licensors own the Platform, brand, software, design, databases, templates and Fitemy-created Content. Except where law permits, you must not copy, sell, sublicense, scrape, reverse engineer, bypass access controls, introduce malicious code or use automated tools to interfere with or extract data from the Platform.

Nothing in these Terms transfers ownership of your Content to Fitemy.

6. Your Content and licences

You keep ownership of Content you create and submit. You confirm that you have the rights and permissions needed to provide it and that it does not unlawfully infringe another person's rights.

You give Fitemy a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, resize, format and otherwise process your Content only as reasonably needed to:

provide and secure the Platform and Programme;
display Content to its intended audience;
support, moderate and investigate reports;
meet legal obligations and handle claims; and
maintain limited backups.

This licence ends when the Content is deleted, except for copies that must remain temporarily in backups or be retained for a documented legal reason.

Private Coaching Content is licensed only for private service delivery and related safety, support or legal purposes. Fitemy will not use it for advertising.

Public trainer-profile Content may be displayed for trainer discovery. Approved Trainer Reviews may be displayed within Fitemy and its related service pages. Reusing private Content or an identifiable review in a separate advertising campaign requires additional permission where the law requires it.

7. Acceptable use

You must not use Fitemy to:

break the law or encourage dangerous or unlawful conduct;
threaten, harass, discriminate against, exploit or impersonate another person;
submit hateful, sexually exploitative, fraudulent, defamatory or deliberately misleading Content;
reveal another person's private information without authority;
upload malware, spam or Content you do not have the right to use;
manipulate reviews, ratings, reports, subscriptions or payment processes;
provide false qualifications, unsafe health claims or guaranteed-result claims;
obtain Client or Trainer information for unrelated marketing;
scrape, resell or create an unauthorised database from Fitemy information; or
evade payment for services included in an active Fitemy Programme.

8. Reports and moderation

You may report suspected illegal, unsafe, abusive, inauthentic or privacy-infringing Content through an available reporting feature or by emailing support@fitemy.com.

We may investigate, restrict visibility, remove Content, issue a warning, restrict a feature or suspend an account where reasonably necessary for safety, law, these Terms or Platform integrity. We will consider context and proportionality and, where appropriate, give notice, reasons and a way to challenge the decision.

We do not remove a genuine Trainer Review merely because it is critical or negative. We may remove or restrict a review for reasons such as ineligibility, fraud, harassment, illegality, privacy, conflict of interest or another breach of these Terms.

9. Privacy

Our Privacy Policy explains how we use personal information. Trainers receive Client information only for assigned Programme work and under the Trainer Terms' confidentiality and data-use obligations.

Device permissions and marketing choices are requested separately.

10. Third-party services

Fitemy uses third-party services such as Supabase, Cloudflare, Stripe, Google, Apple, Expo, Brevo, PostHog and Sentry. Some features may also open a third-party service, such as Stripe Checkout, the Stripe Customer Portal or Google Meet.

Those providers may apply their own terms and privacy policies. We remain responsible for our obligations under these Terms and applicable law, but we do not control an independent provider's service or availability.

11. Availability and changes to the Platform

We aim to keep Fitemy available and secure, but maintenance, provider failures, security incidents or events outside reasonable control may interrupt access. We do not promise uninterrupted or error-free availability.

We may improve, replace or discontinue a feature, subject to the protections in the applicable role terms and any mandatory legal rights.

12. Suspension and account termination

You may stop using Fitemy and request account deletion, subject to any separate subscription, payment, handover or retention obligations that apply to your role.

We may suspend or terminate access where reasonably necessary because of:

a serious or repeated breach of these Terms;
fraud, payment abuse or a credible security threat;
illegal, dangerous or harmful conduct;
loss of eligibility for the relevant role; or
a legal or regulatory requirement.

Except where urgent action is required, we will normally explain the concern and provide a reasonable opportunity to respond or correct it. Ending an account does not remove rights, payment obligations or liabilities that arose beforehand.

13. Liability and rights that cannot be excluded

Nothing in these Common Terms or the applicable role terms excludes or limits liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
a right or liability that law does not allow us to exclude or limit.

Additional liability and mandatory-rights provisions appear in the Client Terms and Trainer Terms.

14. Complaints

Contact support@fitemy.com with a complaint and include the account email, relevant Programme or transaction and the outcome requested. We will acknowledge, investigate and respond within a reasonable time.

Nothing in these Terms prevents either party from using a court, regulator or other dispute process available by law.

15. Changes to these Terms

We may update these Common Terms or the applicable role terms for legal, security, provider or service changes. We will identify the new version and effective date and provide reasonable advance notice of a material change.

A material change will apply subject to section 3, the applicable role terms and any mandatory legal rights.

16. General legal terms

If a court finds one provision unenforceable, the remaining provisions continue. A delay in enforcing a right is not a waiver. These Common Terms, the applicable role terms and the documents expressly incorporated into them form the agreement about their subject matter.

You may not transfer your account or contractual rights without our written permission. We may transfer our rights and obligations as part of a genuine reorganisation or sale if doing so does not materially reduce your rights or the contracted service.

No person other than you and Fitemy may enforce these Terms, except where legislation provides otherwise.

These Terms and any non-contractual obligations arising out of or connected with them are governed by the law of England and Wales.

If you are a Client acting as a consumer, this choice does not deprive you of mandatory protections provided by the law that would otherwise apply in the country where you habitually live. The courts of England and Wales have jurisdiction, but a consumer may also bring proceedings in their local courts where applicable law permits. Fitemy will bring proceedings against a consumer only in a court permitted by applicable law.

Part C - Trainer Terms

Version: 1.0 (English)
Effective date: 12 August 2026

These Trainer Terms apply when you apply to provide or provide services as a Trainer. They incorporate Part A - Common Terms, version 1.0. If these Trainer Terms conflict with the Common Terms, these Trainer Terms take priority only while you act as a Trainer.

1. Appointment and status

Fitemy engages the Trainer as an independent subcontractor to deliver remote personal-training services forming part of Fitemy's Programme.

The parties intend a contract for services, not employment, worker status, partnership, franchise or an agency authorising the Trainer to bind Fitemy. That wording does not override the status that applicable law gives the real working relationship.

The Trainer:

may provide services to other businesses and clients, subject to the confidentiality obligations in Trainer Terms section 5 and the active-Programme restriction in Trainer Terms section 9;
controls their professional methods and organisation of work while meeting agreed Client commitments and Fitemy safety standards;
is responsible for their own equipment, business expenses, taxes, social-security contributions, including National Insurance where applicable, and legal compliance;
has no entitlement to holiday pay, sick pay, pension, minimum work or employee benefits from Fitemy; and
must not enter contracts, make promises, incur liabilities or collect payment on Fitemy's behalf unless expressly authorised in writing.

Fitemy does not guarantee any number of Clients, Subscription renewals or amount of income.

2. Trainer eligibility, location and profile accuracy

The Trainer must be at least 18 years old, based in a country where Fitemy currently onboards Trainers, and legally entitled to perform independent remote personal-training services from that country and for the Clients they accept. The Trainer must comply with professional, business, tax and other legal requirements applying in their location and, where relevant, the Client's location.

The Trainer must hold and provide evidence of a personal-training qualification from a reputable awarding or professional body that Fitemy accepts as appropriate for the services. Fitemy may require a credential assessment, translation or additional supporting evidence. The Trainer must promptly disclose any expiry, suspension, investigation or change affecting that qualification or their ability to provide safe services.

The Trainer must keep identity, contact, profile, qualification, specialty, experience, location, availability, bank and tax information accurate. Profile media and professional claims must be truthful and must not guarantee results.

Fitemy may verify qualification evidence before activation and request updated evidence later. Qualification review is not a guarantee of a particular outcome or a substitute for the Trainer's continuing professional responsibility.

3. Professional scope and conduct

The Trainer must:

act lawfully, professionally, respectfully and without discrimination;
work within personal-training competence and the evidence available from the Client;
design and adjust activity with reasonable care and skill;
identify when a request or symptom is outside personal-training scope and refer the Client to a doctor, physiotherapist, registered dietitian or other appropriate professional;
not diagnose, treat or claim to cure a medical condition;
not prescribe medication or recommend unlawful, unsafe or banned substances;
avoid unsafe nutrition, supplement or rapid-result claims; and
report a credible safeguarding, safety, security or data incident to Fitemy promptly.

The Trainer must not represent themselves as providing physiotherapy, dietetic treatment or another regulated profession through Fitemy unless Fitemy has expressly approved that separate service in writing.

4. Programme duties

For each assigned Client, the Trainer must:

attend and prepare for the one initial private, non-recorded 30-minute onboarding call;
use Client information to prepare appropriate remote plans and feedback;
communicate through supported Fitemy channels where reasonably practicable;
aim to answer Programme questions within 24 hours;
aim to provide Monthly Progress Review feedback within 72 hours;
complete overdue feedback rather than treating the target as an expiry;
not record the private onboarding call;
maintain respectful professional boundaries;
notify Fitemy promptly about planned or unexpected unavailability; and
cooperate with correction, handover or replacement where necessary.

The 24-hour and 72-hour periods are service targets. A single short delay does not automatically forfeit payment, but repeated or material failure may lead to a service remedy, payment adjustment, suspension or termination after a fair review.

5. Client information and confidentiality

The Trainer may access Client information only for an assigned Programme and must:

follow Fitemy's documented instructions and this agreement;
access only the information reasonably needed for the service;
keep Private Coaching Content confidential;
use secure devices and accounts and prevent unauthorised access;
not copy, export, disclose, market to or use Client information for an unrelated purpose;
notify Fitemy without undue delay of loss, misuse, disclosure or a suspected security incident;
assist with a Client data-rights, complaint, safety or deletion request where reasonably required; and
return, delete or stop using Client information when access or the engagement ends, unless a specific law requires limited retention.

The Trainer must not publish Client photographs, messages, results or testimonials without a separate valid permission confirmed through Fitemy.

6. Trainer Content and resources

The Trainer retains ownership of original profile media, plans, demonstrations, recipes and resources they create.

The Trainer grants Fitemy the licence in Common Terms section 6 to host, display, deliver and technically adapt that Content for profiles and assigned Programmes. The Trainer grants each assigned Client a limited personal right to use Programme resources during their paid access for their own fitness journey.

The Trainer confirms that submitted Content is original or properly licensed and does not infringe privacy, intellectual-property, image, music or other rights. Fitemy may remove disputed Content while a claim is investigated.

7. Trainer revenue allocation and Service Month allocation

For payout purposes, the price actually received for a Subscription Term is allocated evenly across the number of Service Months in that term.

Net Programme Revenue for a Service Month means the allocated amount actually received from the Client after:

VAT or another sales tax properly chargeable to the Client;
refunds, credits or payment reversals attributable to that Service Month; and
chargebacks or disputes attributable to that Service Month.

Ordinary Stripe processing and Stripe Billing fees are not deducted when calculating Net Programme Revenue.

Unless Fitemy has confirmed that the Trainer is a Founding Trainer under this section, the Trainer earns 80% of Net Programme Revenue and Fitemy retains 20%. Fitemy absorbs ordinary Stripe processing and Billing fees from its share.

Founding Trainer allocation

A Trainer qualifies as a Founding Trainer if they are one of the first 100 unique individuals to:

complete Fitemy's required identity, qualification and eligibility checks;
accept these Trainer Terms and the incorporated Common Terms; and
have their Trainer account activated to accept Client assignments.

Places are determined by the account-activation time recorded by the Platform. Fitemy will confirm the Founding Trainer designation in writing, including by email or through the Platform. An application, waiting-list position or pending account does not reserve a place. Duplicate, fraudulent or transferred accounts do not qualify.

While the Founding Trainer designation continues, the Trainer earns 85% of Net Programme Revenue and Fitemy retains 15%.

The designation belongs to the original individual and Trainer account. It continues during an agreed temporary pause or a temporary suspension that does not result in termination. It ends if the Trainer voluntarily closes the account or ends the Trainer relationship, or if Fitemy validly terminates the relationship for fraud or a material breach under Trainer Terms section 11. It does not automatically revive if the Trainer later rejoins and cannot be sold, assigned or transferred.

Fitemy will not suspend, terminate or require replacement of a Trainer account primarily to remove the Founding Trainer designation or increase Fitemy's share.

Despite Common Terms section 15, Fitemy will not increase its 15% Founding Trainer share or remove a continuing Founding Trainer designation without that Trainer's express written agreement, except to the minimum extent strictly required by law. A change in Fitemy's ownership, payment provider or ordinary operating costs does not by itself end the designation.

The Founding Trainer designation does not guarantee any number of Clients, renewals or income.

The Trainer's share is earned only when the relevant Service Month ends and the Trainer has materially performed the Programme duties for that month. No part relating to a future Service Month is earned merely because the Client prepaid a multi-month term.

8. Payout timing, records and adjustments

Fitemy will pay an earned Trainer share manually to a verified payout account supported by Fitemy's current payout process within 10 Business Days after the relevant Service Month ends, subject to receiving valid payout information and any invoice required by law.

Fitemy will provide or maintain a record showing the allocated Programme amount, Service Month, Trainer share and any VAT, refund, chargeback or other adjustment.

If a refund or chargeback occurs after payout, Fitemy may set off the evidenced Trainer portion against a future or final payout. If no future payout is available, Fitemy may request repayment with supporting details and a reasonable payment period. Fitemy will not use an unrelated discretionary goodwill refund or a failure attributable solely to Fitemy's Platform to reduce an otherwise properly earned Trainer share.

The Trainer must promptly notify Fitemy of any VAT, sales-tax or other relevant tax-registration change and provide legally required invoices or tax information. The Trainer is responsible for taxes and social-security contributions due on their income. The agreed Trainer share is the total amount payable for the service, inclusive of any VAT or similar tax the Trainer must account for, unless applicable law or a written commercial schedule requires different treatment.

Fitemy may temporarily withhold a genuinely disputed amount while investigating suspected fraud, qualification loss, material service failure or a legal restriction. Fitemy must act reasonably, explain the basis and release any undisputed amount.

A change to the Common Terms or Trainer Terms will not retrospectively reduce an earned Trainer payment.

9. Payments outside Fitemy

The Trainer must not ask or encourage an active Fitemy Client to pay the Trainer directly for a service included in that Client's Programme or to move the same active Programme outside Fitemy to avoid Fitemy's payment arrangements.

This restriction applies during the active Programme. It does not create a general post-termination non-compete or prevent the Trainer from operating an independent business for people who are not active Fitemy Clients.

10. Reviews and professional feedback

The Trainer must not pressure, reward or retaliate against a Client in relation to a Trainer Review. The Trainer may report a review for a genuine policy reason.

Fitemy may use review eligibility, reports and moderation records to protect review authenticity. A Trainer's disagreement with a negative opinion is not, by itself, grounds for removal.

11. Trainer suspension, termination and handover

Either Fitemy or the Trainer may end the subcontractor relationship by giving at least 30 days' written notice. The Trainer must continue existing Client duties during the notice period unless Fitemy agrees otherwise or arranges an earlier handover.

Fitemy may suspend assignments or terminate immediately where reasonably necessary because of serious safety concerns, fraud, unlawful conduct, material qualification misrepresentation, serious confidentiality or data breach, or another breach that cannot reasonably be corrected.

For a correctable breach, Fitemy will normally explain the issue and allow a reasonable opportunity to correct it.

On suspension or termination, the Trainer must:

stop representing themselves as active on Fitemy;
cooperate with Client communication and an orderly handover;
return or delete Client information as required by Trainer Terms section 5; and
provide information reasonably needed to calculate the final earned payout.

Termination does not remove a Trainer's right to properly earned amounts, subject to documented refunds, chargebacks, set-off and other lawful adjustments.

12. Trainer responsibility, liability and indemnity

The Trainer is responsible for loss caused by their breach of these Terms, unlawful conduct, negligent professional service, qualification misrepresentation, infringement of third-party rights or unauthorised use or disclosure of Client information.

For Trainers acting in business, neither party is responsible to the other for indirect or consequential loss that could not reasonably have been contemplated when the contract was made.

To the extent permitted by law, the Trainer will reimburse Fitemy for a third-party claim, regulatory cost or direct loss reasonably incurred because of such a breach, after Fitemy gives prompt notice and allows reasonable participation in the defence. This does not apply to loss caused by Fitemy's own negligence, breach or unlawful conduct and is subject to the non-excludable rights in Common Terms section 13.

13. Trainer complaints and disputes

The Trainer should raise a payout, assignment, moderation or contractual concern with support@fitemy.com and provide the relevant Client, Service Month, transaction or decision details.

The parties will first try in good faith to resolve a business dispute through documented discussion. This does not prevent either party from seeking urgent relief or using the courts where necessary.