Terms of Service

1. Definitions

• "CoNudge", "we", "us": P2P Concepts, trading as CoNudge, KVK 56042442, Oranjestraat 26, 2013VG Haarlem, the Netherlands.
• "Platform": the CoNudge web application available at conudge.com, including all APIs and services.
• "Trainer" or "PT": the personal trainer who has a business account with CoNudge and uses the Platform to deliver services to Clients.
• "Client": the end user who accesses the Platform through a Trainer.
• "User": any person with a CoNudge account, including Trainers, Clients, and Legacy D2C users.
• "Coach": the AI assistant within the Platform that generates training programs.
• "AI Output": all content generated by Coach, including training programs, evaluations, and recommendations.
• "Legacy D2C User": an existing user with a direct consumer account, created before the transition to the B2B model.

2. Applicability

These Terms of Service apply to all use of the Platform. By creating an account or using the Platform, you agree to these terms.

B2B (Trainers): The relationship between CoNudge and the Trainer is a business agreement. Deviating or supplementary arrangements apply only if agreed in writing.

B2B2C (Clients): The Client has an agreement with the Trainer, not with CoNudge. CoNudge solely provides the Platform as a tool for the Trainer. The Trainer is responsible for the services provided to the Client.

Legacy D2C: Existing D2C users may continue using the Platform under these terms. No active recruitment of new D2C users takes place.

3. The service

CoNudge is a SaaS platform for personal trainers. The Platform provides AI-powered tools for generating training programs, tracking progress, and evaluating training plans.

CoNudge is not a medical device within the meaning of the European Medical Devices Regulation (MDR 2017/745). The Platform is not intended for the diagnosis, treatment, alleviation, or prevention of disease.

The Platform is primarily available in the Benelux region. Use outside the European Union is at the User's own risk. CoNudge does not guarantee availability or compliance with local legislation outside the EU.

4. AI transparency and limitations

Coach is an AI system (artificial intelligence) based on large language models. All AI Output is automatically generated and does not represent human expertise.

AI can make mistakes. Programs may contain exercises, weights, or volumes that are not suitable for a Client's situation, despite correct input. Always verify AI Output for correctness, safety, and suitability.

Human review: In the B2B model, the Trainer reviews and approves every training program generated by Coach before offering it to a Client. The Trainer bears professional responsibility for the approved program.

CoNudge does not guarantee specific training results. Progress depends on factors outside CoNudge's control, including nutrition, sleep, stress, genetics, and consistency.

5. Not medical advice — Fitness disclaimer

The Platform does NOT provide medical advice. Training programs, evaluations, and recommendations from Coach are based on general training principles and input data. They do not constitute a diagnosis, treatment, or medical judgment.

If you experience pain, injury, or health issues: stop training and consult a doctor or physiotherapist. Coach may recognize signals but is not a healthcare provider.

Every User trains at their own risk. If in doubt, always consult a medical professional before starting or modifying a training program.

6. Trainer obligations (B2B)

The Trainer represents and warrants that they:

• Hold the required professional qualifications to provide personal training services.
• Maintain valid professional liability insurance covering services to Clients.
• Have their own agreement with each Client governing the services, liability, and data processing.
• Review and approve all AI Output before offering it to a Client.
• Comply with all applicable laws and regulations, including but not limited to consumer protection and data protection.
• Not use the Platform for purposes that violate the law or these terms.

7. Indemnification by the Trainer (B2B)

The Trainer shall indemnify and hold harmless CoNudge, its directors, employees, and representatives against all claims, demands, damages, costs, and expenses (including reasonable attorney fees) from third parties — including but not limited to Clients — arising from or in connection with:

• The Trainer's services to Clients, anywhere in the world.
• The Trainer's failure to review or approve AI Output.
• The Trainer's violation of applicable laws or regulations.
• The absence of adequate insurance or client agreements.

This indemnification applies worldwide and survives termination of the agreement.

8. Pricing and payment

The Platform is currently available as a free pilot. After the pilot period, paid subscription plans will apply. Current pricing and plans are published on the Platform:

• Pilot— free (current phase)
• Pro— EUR 99 per month (excl. VAT)
• Growth— EUR 199 per month (excl. VAT)

Price changes will be announced at least 30 days in advance. All amounts are exclusive of VAT unless stated otherwise.

9. Age requirement

You must be at least 16 years old to use the Platform. If you are under 16, you need demonstrable consent from a parent or guardian. Trainers may only admit Clients who meet this requirement.

10. Account and data

Your account is personal and non-transferable. Do not share your login credentials. You are responsible for all activity on your account and for protecting your credentials.

For information about what data we collect and how we use it, see our Privacy Policy.

11. Intellectual property

All intellectual property rights in the Platform, software, interface, design, and branding belong to CoNudge or its licensors. Nothing in these terms transfers any intellectual property right to the User.

AI Output: training programs generated by Coach may be used by the Trainer in the context of services to Clients. Further commercial exploitation, resale, or sublicensing of AI Output is not permitted without prior written consent from CoNudge.

The User retains all rights to data they have entered (training data, messages, measurements).

12. Availability and maintenance

CoNudge strives for continuous availability but does not guarantee uninterrupted access. The Platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. CoNudge is not liable for damages resulting from temporary unavailability.

13. Liability

Maximum liability:CoNudge's total liability towards the User, regardless of the legal basis, is limited to the greater of: (a) EUR 5,000, or (b) the total subscription fees paid by the User in the 12 months preceding the event giving rise to the claim.

Excluded damages: CoNudge is not liable for indirect damages, consequential damages, lost profits, missed training goals, data loss, training injuries, or reputational damage, to the extent permitted by law.

Exception: The above limitations do not apply to damages caused by intentional misconduct or gross negligence on the part of CoNudge or its executives.

Consumer protection: For Clients who qualify as consumers under applicable national law, the liability limitations in this section apply only to the extent permitted by law. Mandatory consumer protection rights are not limited.

14. Force majeure

CoNudge is not liable for failures resulting from circumstances beyond its reasonable control, including but not limited to: outages at third parties (hosting, API providers), internet failures, natural disasters, pandemics, government measures, cyberattacks, or changes in applicable laws or regulations. If a force majeure situation continues for more than 90 days, either party has the right to terminate the agreement.

15. Term and termination

The agreement is entered into for an indefinite period and may be terminated by either party with 30 days' notice.

You can delete your account at any time through account settings. After deletion, all data will be erased within 30 days in accordance with our Privacy Policy.

CoNudge may terminate the agreement with immediate effect in case of: (a) misuse of the Platform, (b) breach of these terms, or (c) conduct that violates the law. The Trainer will be notified by email.

16. Right of withdrawal (consumers)

Clients and Legacy D2C Users who qualify as consumers have the right to withdraw from the agreement within 14 days of concluding it, without giving any reason ("cooling-off period").

To exercise your right of withdrawal, send an unambiguous statement by email to christiaan@conudge.com.

Upon withdrawal, any amounts already paid will be refunded within 14 days. The right of withdrawal expires if the service has been fully performed with the consumer's express consent before the end of the cooling-off period.

17. Complaint procedure

Complaints about the Platform or services can be submitted to christiaan@conudge.com. We aim to respond substantively to every complaint within 14 business days.

Reporting unlawful content (notice-and-action): If you believe content on the Platform is unlawful, you may submit a report to the email address above with a clear description of the content in question and the reason for your report. We handle reports in accordance with the Digital Services Act (DSA).

EU consumers: You can also use the Online Dispute Resolution (ODR) platform of the European Commission: ec.europa.eu/consumers/odr.

18. Changes to these terms

CoNudge may modify these terms. Material changes will be announced at least 30 days in advance by email.

If you do not agree with the modified terms, you can delete your account before the effective date of the changes. Continued use of the Platform after the effective date constitutes acceptance of the modified terms.

19. Severability

If any provision of these terms is found to be invalid, void, or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely reflects the purpose and intent of the original provision.

20. Governing law and disputes

These terms are governed by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

B2B (Trainers): Disputes shall be submitted exclusively to the competent court in the district of Noord-Holland, location Haarlem.

Consumers: Clients and Legacy D2C Users who qualify as consumers retain the right to submit disputes to the court of their place of residence, in accordance with the mandatory consumer protection rules of their country of residence.

21. Contact

CoNudge (P2P Concepts)

Oranjestraat 26, 2013VG Haarlem, the Netherlands

KVK: 56042442

Email: christiaan@conudge.com

Please also read our Privacy Policy.