Trainer Agreement

Delta Trainer Agreement

TMS Enterprises LLC | Effective Date: 2026-08-25

1. Agreement and Eligibility

This Trainer Agreement (“Trainer Agreement”) governs access to and use of Delta trainer functionality by a trainer (“Trainer” or “you”). It supplements the Delta Terms of Service. You must affirmatively accept the then-current Trainer Agreement before receiving trainer functionality or access to athlete data. Delta records the agreement version and acceptance timestamp.

Trainer accounts are provisioned or invited by TMS Enterprises LLC. There is no public right to receive or retain a trainer account.

2. Independent Status; No Endorsement

You are an independent professional/user and not an employee, agent, partner, representative, fiduciary, or healthcare provider of TMS. Delta’s decision to provision a trainer account is not a certification, credential verification, endorsement, supervision, or representation regarding your competence, qualifications, insurance, or suitability.

You are solely responsible for your coaching services, professional judgment, programming, business relationship with athletes, fees charged outside Delta, compliance with law, and any credentials or insurance legally required for your services.

3. Athlete Consent and Access

You may access an athlete’s information only after that athlete affirmatively accepts a trainer-specific connection disclosure naming you. An athlete may have only one active trainer relationship at a time.

While connected and entitled, you may receive the athlete’s name and full trainer-visible workout history, including workouts created before the relationship began and future workouts while connected. This may include sessions, exercises, sets, repetitions, weights, personal records, and athlete-authored custom exercise names or program-day names used in the training program. Those names are training content entered by the athlete and may contain free text.

You do not receive through Delta the athlete’s body composition, HealthKit/readiness information, soreness, health notes, Coach conversations, account email, or phone number.

4. Permitted Use of Athlete Data

You may use athlete data obtained through Delta only to provide training/coaching services to that athlete and to use Delta’s authorized trainer functionality.

Do not sell, rent, license, or disclose athlete data to unauthorized third parties.

Do not use athlete data for unrelated marketing, advertising, mailing lists, data brokerage, or third-party offers.

Do not use athlete data to train independent AI/ML models or build independent datasets without separate lawful authorization.

Do not use athlete data for insurance, employment, credit, housing, or similar eligibility decisions.

Maintain reasonable account/device security and prevent unauthorized access.

5. Relationship Termination and Copies

Either the athlete or Trainer may end the trainer relationship. TMS may also suspend or terminate trainer access as described below. When the relationship ends, your platform access to the athlete’s Delta history ends and pending proposals are voided.

After termination, you must stop using Delta-derived athlete data and delete copies under your control, including exports, screenshots, or separately recorded copies, except to the extent you are legally required to retain particular information. Any legally retained copy remains subject to applicable confidentiality and use restrictions.

6. Program Proposals and Auto-Application

Delta may allow you to propose program updates. Some updates to program elements the athlete has not customized may apply automatically; conflicts with athlete customizations, removals, certain material method changes, and first assignments require athlete review. If any part of a proposal requires review, Delta may hold the proposal for review as a whole.

You remain responsible for the substance, safety, appropriateness, and legality of trainer-authored programming whether Delta applies an eligible update automatically or after athlete review. You may not use program proposals to circumvent a safety or confirmation restriction imposed by Delta’s editing experience.

7. Professional and Medical Boundaries

You must operate within your lawful professional scope. You may not use Delta to diagnose, treat, or claim to treat a medical condition unless you are independently licensed and legally authorized to provide that service. Delta does not verify or endorse any such licensure.

Do not represent that Delta, TMS, or Coach has approved your professional advice or programming.

8. Trainer Content and Intellectual Property

You retain ownership of your original programs, templates, methods, and other trainer-created content. You grant TMS a non-exclusive license to host, store, reproduce, transmit, display, and otherwise process that content as reasonably necessary to operate Delta and deliver it to authorized athletes.

When trainer-created programming is delivered or applied to an athlete, the athlete receives a continuing personal right to use and modify the delivered copy for their own training, including after the relationship ends. You retain the underlying intellectual-property rights and may reuse your programs/templates with other athletes. The athlete does not receive a right to commercially redistribute, sell, publish, or sublicense your underlying program merely because it was delivered through Delta.

9. Trainer Content Rules

Do not upload unlawful, infringing, abusive, malicious, or rights-violating content. You represent that you have the rights necessary to provide content you submit through Delta. TMS may remove content or restrict access when reasonably necessary but does not undertake a general obligation to monitor trainer-created program content.

10. Fees and Trainer Plans

Any fees, plan limits, or other commercial terms applicable to trainer access are presented separately and are not part of this Agreement unless expressly incorporated by reference. TMS may change trainer offerings prospectively in accordance with applicable law.

11. Suspension and Termination by TMS

TMS may suspend or terminate trainer access for misuse of athlete data, security concerns, unlawful conduct, material breach of this Trainer Agreement or the Terms, material athlete risk, misrepresentation, or other conduct that reasonably threatens Delta or its users. TMS may also discontinue trainer access for ordinary business reasons with reasonable notice where practicable.

12. Trainer Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless TMS and its affiliates, officers, directors, employees, and agents from third-party claims, damages, losses, liabilities, and reasonable costs arising from your coaching services or professional judgment, unlawful conduct, misuse or unauthorized disclosure of athlete data, infringement by trainer-created content, or material breach of this Trainer Agreement.

13. Disclaimers and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DELTA’S TRAINER FUNCTIONALITY IS PROVIDED “AS IS” AND “AS AVAILABLE.” TMS DOES NOT GUARANTEE ATHLETE RESULTS, PROGRAM OUTCOMES, OR UNINTERRUPTED SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TMS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS/OPPORTUNITIES. TMS’S AGGREGATE LIABILITY ARISING OUT OF THIS TRAINER AGREEMENT WILL NOT EXCEED THE GREATER OF FEES PAID BY YOU TO TMS FOR DELTA DURING THE PRECEDING 12 MONTHS OR $100, SUBJECT TO NON-WAIVABLE LAW.

14. Confidentiality and Security

Athlete data available through Delta is confidential to the athlete relationship. You must use reasonable safeguards, restrict access to authorized persons, promptly notify TMS of suspected unauthorized access or disclosure, and cooperate with reasonable security/privacy investigations.

15. Dispute Resolution

Disputes will follow the New York-law / AAA individual-arbitration structure in the Delta Terms, including a 30-day informal dispute period, 30-day arbitration opt-out, class/collective/consolidated/representative-action waiver, mass-arbitration procedure, jury waiver, and limited court carveout for urgent IP, security, and confidentiality relief. Where legally permissible, permitted court proceedings are in New York County, New York.

16. Changes; Assignment

Material changes to this Trainer Agreement may require renewed affirmative acceptance before continued trainer functionality. TMS may assign this Trainer Agreement in connection with a merger, acquisition, financing, reorganization, sale of the Delta business/assets, or transfer to an affiliate/successor. You may not assign your trainer account or agreement without TMS’s consent.

17. Contact

TMS Enterprises LLC | 16192 Coastal Highway, Lewes, Delaware 19958 | General support: support@deltafitness.app | Privacy: privacy@deltafitness.app | Legal notices: legal@deltafitness.app